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HomeMy WebLinkAbout2018-135-E Health - CHCCS FPG Summer enrichment campDocuSign Envelope ID: 2C1F42E8- 161A- 46FE- BBOF- B44556OE1280 ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE OUTSIDE AGENCY PERFORMANCE AGREEMENT FY 2017 -18 THIS AGREEMENT, made and entered into the 12th day of April 20,18, ( "Effective Date ") by and between the County of Orange, a political subdivision of the State of North Carolina, 200 South Cameron Street, Hillsborough, North Carolina, 27278, on behalf of the Orange County Health Department ( "County") and Chapel Hill Carrboro City Schools, located at 750 S. Merritt Mill Road, Chapel Hill, North Carolina 27516 ( "Provider "). WITNESSETH: WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need, as identified by the Board of Commissioners; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and Chapel Hill Carrboro City Schools agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning April 1, 2018 to October 1, 2018. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Outside Agency Funding Application Scope of Services and any amendments or revision thereto which is attached as Exhibit "A" and incorporated by reference, to the residents of Orange County. The Scope of Services may be different from the original application based on County appropriation; however, any revisions or amendments to this Agreement must be approved in writing by the County and attached to this Agreement. b. The Provider shall be solely responsible for the means, methods, techniques, sequence, safety program and procedures necessary to properly and fully complete the work set forth in the Scope of Services. 3. Funding. a. The County agrees to appropriate for the provision of services described in Exhibit A, Scope of Services and more particularly described in the Program Budget, the maximum sum of Thirty Six Thousand Seven Hundred Thirty Four dollars ($36,734). b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not used for the purposes stated shall be returned to the County. Any changes in the use of funds must be authorized in writing by the County prior to any expenditure of the funds by the Provider. If the funds are expended not in accordance with the Scope of Services, at the discretion of the County the Provider may be required to repay the funds to the County. c. The Provider shall be paid in two installments each in the amount of $18,367. The first payment is contingent upon receipt of the fully executed agency's performance agreement. Revised 512016 Page I of 6 DocuSign Envelope ID: 2C1F42E8- 161A- 46FE- BBOF- B445560E1280 d. The County's obligation to make the final payment is contingent upon receipt of a Progress Report, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Scope of Services. e. Once Provider has satisfied its obligations as provided in (d) final payment will be made within 21 days after receipt of the Progress Report and Request for Reimbursement or 21 days after due date of Progress Report whichever is later. £ The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. a. Provider will provide Orange County a Progress Report by August 15, 2018 that includes a summary of satisfactory progress toward completion of performance measures. Provider will also provide a Final Report by October 1, 2018 that includes a fiscal report and final evaluation and performance measures as outlined in Exhibit A. b. Provider agrees to allow the County to inspect its financial books and records, which document costs of those services, upon reasonable notice during normal working hours. 5. Termination. a. In the event of any of the circumstances set forth below (hereinafter referred to as "default "), the County may immediately terminate this Agreement, in whole or in part, and from time to time. Notice of termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination: i. In the event that Provider shall cease to exist as an organization or shall enter bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered; or iii. In the event of any fraudulent representation by the Provider in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iv. Nonperformance, incomplete service or performance, or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement, as determined by the County in its sole discretion. v. Failure to adhere to the terms of applicable county, state or federal laws, regulations, or stated public policy. b. In the event of default by the Provider, the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within ten (10) business days Page 2 of 6 Revised 512016 DocuSign Envelope ID: 2C1F42E8- 161A- 46FE- BBOF- B445560E1280 from written notice of default. The County may (but shall not be required to) grant the Provider an opportunity to cure the default without termination of this Agreement. This clause shall not be interpreted to limit the County's remedies in law or in equity. c. Notwithstanding the foregoing, either party may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination and any unused funds shall be returned to the County within 10 days of termination. d. Any termination of this Agreement for default under this section that is later deemed to be unjustified shall be deemed a termination for convenience. 6. Insurance. a. General Requirements. The Provider shall purchase and maintain, during the period of performance of this Agreement, insurance: i. Worker's Compensation. For protection from claims under workers' or workmen's compensation acts; ii. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof, iii. Comprehensive Automobile Liability Insurance, including hired and non -owned vehicles, if any, covering personal injury or death, and property damage; and b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION • Worker's Compensation • Commercial General Liability • Automobile Liability MINIMUM REQUIRED COVERAGE Limits for Coverage A - Statutory State NC & Coverage B - Employers Liability $500,000 each accident, disease policy limit and disease each employee $1,000,000 Each Occurrence $2,000,000 Aggregate $500,000 Combined Single Limit c. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party and as a certificate holder. Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough, NC 27278 d. Nothing in this section is intended to affect or abrogate the County's sovereign immunity defenses. Page 3 of 6 Revised 512016 DocuSign Envelope ID: 2C1F42E8- 161A- 46FE- BBOF- B445560E1280 7. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. 8. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, ordinances, orders and regulations of the federal, state or local governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following execution of this agreement. 9. Subcontract. The County and Provider deem the services provided under this Agreement to be personal in nature and Provider may not subcontract any rights or duties under this Agreement to any other party without prior written consent from the County. 10. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of the County. 11. Indemnification. Each party shall hold the other harmless from all loss, liability, claims or expense arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by its own employees functioning under this Memorandum of Agreement and shall bear responsibility for liability, claims or expenses arising from the acts or omissions of the party's own personnel to the extent provided by North Carolina law. Nothing in this section is intended to affect or abrogate the either Party's sovereign immunity defenses. 12. Non - Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. 13. Non - Discrimination. Provider agrees as part of consideration of the granting of funds by Orange County the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended. This provision is enforced by action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. 14. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies if funds to pursue the same goal. The County's living wage is $13.25 per hour. To the extent possible, Orange County recommends that Chapel Hill - Carrboro City Schools provide a living wage to its employees. 15. Notice. The Parties hereto agree and understand that written notice, mailed or delivered, to the last known address shall constitute sufficient notice to the County and the Provider. All notices required and/or made pursuant to this Agreement to be given to the County and the Provides shall be in writing and mailed to the party addressed as follows: County: Orange County Health Department ATTN: Kimberlee Quatrone Post Office Box 8181 Page 4 of 6 Revised 512016 Provider: Chapel Hill Carrboro City Schools 750 s. Merritt Mill Road DocuSign Envelope ID: 2C1F42E8- 161A- 46FE- BBOF- B44556OE1280 Hillsborough, NC 27278 Chapel Hill, NC 27516 16. Entire Agreement. This Agreement, including any referenced attachments, constitutes the entire Agreement between the parties and shall supersede, replace or nullify any and all prior Agreements of understandings; written or oral, relating to the matters set forth herein, and any such prior Agreements or understandings shall have no force or affect whatsoever on this Agreement. The County and Provider have read this Agreement and agree to be bound by all of its terms, and further agree that this Agreement constitutes the complete and exclusive statement of the Agreement between the County and Provider. 17. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 18. Governing Law. The laws of the State of North Carolina shall govern all aspects of this Agreement. In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Orange County, North Carolina. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by either of the parties. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. 19. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. ei��ybehalf of the Provider 7nRF7n54RfiFAdfIF Todd LoFrese Todd Lofrese Printed Name Kambhehalf of Orange County Government bbin.ln.' �i *mt,V'sb-, Bonnie Hammersley, County Manager Page S of 6 Revised 512016 4/27/2018 4/30/2018 Date Date DocuSign Envelope ID: 2C1 F42E8-161 A-46FE-BBOF-B44556OE1 280 Exhibit A Scope of Services for Chapel Hill Carrboro City Schools: Frank Porter Graham Elementary School Summer 2018 program in partnership with the Family Success Alliance (FSA) SUMMER PROGRAM The FPG summer academic and recreational program ( "summer day camp ") will operate for eight weeks between June and August 2018. Students, including those students currently enrolled in the Family Success Alliance ( "FSA ") program, will be identified and have the opportunity to enroll in the summer day camp. Duties of CHCCS School Board: 1. Provide an eight -week program for students to prepare them to enter school at grade level using an evidence -based curriculum and an appropriate teacher student ratio 2. Operate the academic portion of the summer day camp and partner with the Town of Chapel Hill Parks and Recreation Department ( "Town ") to provide afternoon enrichment programming and field trips at no additional cost to FSA students 3. Provide the services of program coordinators and teachers for the duration of the program 4. Provide breakfast, lunch, and an afternoon snack to participants of the summer program as allowed under the United States Department of Agriculture's Summer Food Service Program 5. Transport students to and from the summer day camp. The Board will provide transportation during the four weeks (July 9 — August 3) when the Read -to- Achieve program is concurrently in session. 6. The Board will not charge FSA - enrolled students identified for participation in the summer day camp a program fee. Families of FSA - enrolled students shall be reimbursed for any program fee paid for participation in the summer day camp. 7. The Board shall provide the County a Program Evaluation Report that includes total number of FSA students participating and weeks enrolled, pre /post -test data, and any additional evaluation input from parents, teachers, or students by October 1, 2018. Duties of the County 1. The County will reimburse the Board for its expenses in operating the summer day camp program within three weeks of receipt of a request for payment. The County's maximum total obligation for payment under this Agreement is $36,734. All funds expended by the County under this Agreement are to be used to subsidize the participation by low- income and /or non - proficient students in the summer program. In the event an audit reveals the use of funds for purposes other than subsidizing the participation of low- income and /or non - proficient students in the summer program, but for which the Board has invoiced the County and been reimbursed the County, then the Board agrees to reimburse the County, in full, for these costs. 2. The County will provide the Board the names of students enrolled in the FSA program to be identified by the Board for the summer day camp.