HomeMy WebLinkAbout2018-214 Health - Family Success Alliance outside agency agreement ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE
OUTSIDE AGENCY PERFORMANCE AGREEMENT
FY 2017-18
THIS AGREEMENT, made and entered into the 23rd day of March, ("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, ("County") and Orange County Board of Education, located at 1914
New Hope Church Road, Chapel Hill,NC 27514 ("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 Orange County Board of Education agree as follows:
1. Term of the Agreement. The term of this Agreement shall be a program year beginning May 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 Seventy Five Thousand Nine Hundred dollars($75,900).
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 $37,950. The first
payment is contingent upon receipt of the fully executed agency's performance agreement.
Revised 512016 Page 1 of 6
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.
f. 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
from written notice of default. The County may (but shall not be required to) grant the
Page 2 of 6
Revised 512016
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 MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A- Statutory State
NC&Coverage B -Employers Liability
$500,000 each accident, disease policy limit and
disease each employee
• Commercial General $1,000,000 Each Occurrence
Liability $2,000,000 Aggregate
• Automobile Liability $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
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 $13.15 per
hour. To the extent possible, Orange County recommends that Orange County Board of
Education 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 Provider: Orange County Board of
ATTN: Kimberlee Quatrone Education
Post Office Box 8181 200 E. King Street
Hillsborough,NC 27278 Hillsborough,NC 27278
Page 4 of 6
Revised 512016
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 11 A and Article 40 of North Carolina General Statute Chapter 66.
IN WITNESS WHEREOF,the 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.
For and on beha Ora ge County Board of Education
C==)�01 2—
Dr. Add Wirt Date
For and on behalf of Orange County Government
K 7-
S- /<
Bonnie Hammersley, County Ma er I Date
Page 5 of 6
Revised 512016
ADDENDUM TO
ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE
OUTSIDE AGENCY PERFORMANCE AGREEMENT
BETWEEN ORANGE COUNTY BOARD OF EDUCATION
AND THE COUNTY OF ORANGE
The Orange County Board of Education ("Provider") and the County of Orange, a
political subdivision of the State of North Carolina ("County"), agree to the following
addendum ("Addendum") to the Contract between Provider and the County made and entered
into between the parties on the J5'rl day of�� 2018. The terms of this Addendum shall
control over any conflicting terms in the Contract.
1. Confidentiality of Student Information. The County agrees that all Orange County
Schools student records or personally identifiable information contained therein which is
provided to the County in the course the Contract shall be subject to the confidentiality,
disclosure, and re-disclosure provisions of applicable federal and state statutes and
regulations, and in accordance with Orange County Board of Education Policy 4700:
Student Records. The County shall not forward to any person other than parent, legal
guardian or Provider personnel any Orange County Schools student record or any
personally identifiable information contained therein, including, but not limited to, the
student's identity, without written consent of the parent or legal guardian and the Orange
County Schools Board of Education. The County shall not use or disclose any student
data received from Provider except as authorized in writing by Provider or as required by
law, court order, or subpoena. In no event will the County use any student data or
information for its own commercial marketing or advertising purposes, or for the
commercial marketing or advertising purposes of any third-party.
2. Lunsford Act. The County acknowledges that pursuant to G.S. 14-208.18(a)(2), it is
unlawful for persons required to register as a sex offender under North Carolina law
to knowingly be within 300 feet of any location intended primarily for the use, care
or supervision of minors. Violation of this statute is a felony. The County agrees that
prior to allowing any County employees to be on Provider's property or have direct
interaction with Orange County School students, the County must conduct checks of
said employees on the lists or sex offender registries currently specified in G.S.
115C-332.1. The County shall prohibit anyone who appears on these lists or
registries from having direct interaction with Orange County Schools students or
being on Provider's property.
IN WITNESS WHEREOF,the 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.
For and on behalf of the Orange County Schools Board of Education
Z
51 �g
Dr. odd Wirt, Superintendent Date
-cold W%iyt
Printed Name
For and on behalf of Orange County Government
/Z
Bonnie Hammersley, County Manager Date
Exhibit A
Scope of Services for
Orange County Schools "Out of School Time" Summer 2018 programs
for the
Family Success Alliance
Purpose: Program support resources for Orange County Schools to provide summer out of
school time services to Family Success Alliance (FSA) students attending New Hope Elementary,
a zone 4 school.
Budget: $75,900
• $30,360: Summer K-Readiness program for 40 FSA students at a cost of$759 per
student.
• $22,770: Summer Rising 1St graders Literacy Enrichment program for 30 FSA students at
a cost of$759 per student.
• $22,770: Summer Rising 2s'graders Literacy Enrichment program for 30 FSA students at
a cost of$759 per student.
Funds will be usdd to pay teacher salaries and payroll, transportation, curriculum materials and
supplies.
Program Services:
• Recruit and enroll 40 incoming kindergarteners at New Hope Elementary into a summer
kindergartern readiness program. Recruit and enroll 30 rising 1St grade and 20 rising 2nd
grade students into a summer literacy enrichment camp, with a priority for students
who have previously particpated in FSA summer programs.
• Provide a four week program (16 program days) to prepare students to enter school at
grade level using an evidenced-based curriculum and an 8:1 teacher student ratio.
• Provide a program orientation for parents with resources for supporting learning at
home, an evening family Table event during the camp, and an end of program
celebration to include an opportunity for families to enroll in the FSA navigator
program.
• Coordinate with DEAPR staff to allow for an afternoon enrichment componet of the
program. Meet with DEAPR staff prior to the start of the camp to review procedures for
morning to afternoon transition and end of day dismissal.
• Administer standardized academic assessments at the beginning and end of the
program to evaluate the impact of the program and collect intergrated health
assessment data.
1
Outcomes
K-Readiness
Recruitment: Staff, with assistance from FSA staff, will conduct outreach to eligible families and
recruit up to 40% of incoming kindergarten students at New Hope Elementary school for the k-
readiness program for a total of 40 students.
Attendance: Attendance will be tracked with a goal of 90% attendance rate.
Program Evaluation:
Quantitaive Data: School staff will collect pre and post academic assessments for a
readiness-goal of 50% kids ready, to be adjusted based on baseline Ws.
Qualitative Data: School staff will collect standardized parent and teacher satisfication
data (satisfaction with program, and child performance and readiness)
Rising 1St and 2nd Grade Literacy Enrichment
Recruitment: Staff, with assistance from FSA staff, will conduct outreach to eligible families and
recruit up to 30 rising first grade students and 30 rising 2nd grade at New Hope Elementary
school for literacy enrichment program.
P
Attendance: Attendance will be tracked with a goal of 90% attendance rate.
Integrated health assessments: School staff will collect standardized assessments as agreed to
with OCHD and conduct referrals as needed.
Program Evaluation:
Quantitaive Data: School staff will collect pre and post literacy assessments and
demonstrate growth among 50% of students.
Qualitative Data: School staff will collect standardized parent and teacher satisfaction
data (satisfaction with program, and child performance and readiness).
2
Run of show
K Ready Camp: 40 Rising Kinders
Summer Enrichment Camp: 30 rising 1St grade, 30 risin 2nd grade
Task Planning Ares Assigned to Deadline Follow Up/Notes
Confirm camp date &locations. Program Ambra& 1/11/18
Proposed dates: 7/9/18-8/2/18 at planning Meredith
NHE
Decision: Are NHE &DEAPR willing Program Ambra& 1/18 Yes, planning
to partner again to provide a full day planning Chris Sousa activities moving
of programming? forward.
Convene meeting with DEAPR and Program Meredith 4/18
OCS to coordinate key logistics. planning
Write draft contract between OCS Contract Meredith, 4/18 In progress.
and FSA for program funding and Ambra and
between DEAPR&FSA. Michele
Implement recruitment plan Recruitment Meredith, 4/18
including tiered enrollment criteria, Ambra, OCS
coordination with K registration and pre-K staff
pre-k program, recruitment start
date and FSA outreach plan.
Identify site coordinator and Staffing Maryellen& 4/18
teachers and write contracts. Michele
Notify families of enrollment. Recruitment Ambra/Mer 5/18
edith
Coordinate recruitment with Bus and meals Maryellen 5/18
-transportation and nutrition.
Complete student recruitment. Recruitment Maryellen 5/18
and
Meredith
Review and revise curriculum. Program Maryellen 5/18
Planning
Hold professional development. Curriculum Maryellen 6/18
3