HomeMy WebLinkAbout2016-505 CHCCS, OC Schools, Chatham Co. Schools, OC, Chatham Co., Judge Buckner, and NC Admin Office of the Courts MOA for juvenile liaison services NORTH CAROLINA
ORANGE/CHATHAM COUNTY
THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into, as of
the date of the last signature below (the -Effective Date") by and between the Chapel
Hill-Carrboro City Schools, Chatham County Schools, Orange County Schools,
Chatham County, and Orange County (hereinafter"the Grantors"); Judge Joseph
Buckner, Chief District Court Judge, Judicial District 15B (hereinafter "the Judge"); and
the North Carolina Administrative Office of the Courts (hereinafter"the NC/\(}C").
WITNESSETH
THAT WHEREAS, the Grantors have agreed to provide funds to allow the Judge to hire
one Juvenile Court/School Liaison to provide liaison services between the local juvenile
courts and the three school systems encompassing Judicial District 15B;
WHEREAS, G.S. 887/\-300 and l5S&'2|2.| permit a cooperative arrangement to pay
for the compensation and expenses of the Juvenile Court/School Liaison listed in
Appendix A, which Appendix A is attached hereto and is incorporated herein as if fully
set out, which could not otherwise be provided using State funds;
VVHEREAS, the NCAOC Director has found that the Grantors and Judge have made a
showing that the overwhelming public interest warrants the use of additional resources
for the speedy disposition of cases involving a threat to public safety;
WHEREAS, the Grantors have appropriated funds in the amount of$53,846 to
implement a program of expediting these cases and have budgeted the annualized sum to
pay for the personnel position costs for the position listed in Appendix A, with $13,355
contributed by each of the three school systems, $4,686 by Chatham County, and $9,095
by Orange County;
WHEREAS, the NCAOC is responsible for administering the receipts and expenditures
of the Judicial Branch, including the Judge's office, and agrees to invoice Grantors for
expenses in amounts which are proportionate to each Grantors' contribution, 8.7% for
Chatham County, 16.89% for Orange County, and a combined 74.4|Y6 for the three
school systems; and
'WHEREAS, the parties hereto have mutually agreed to the terms of this MOA as
hereinafter set out.
NOW THEREFORE, in consideration of the terms and conditions hereinafter set forth,
the Grantors do hereby agree to provide funds and the NCAOC agrees to administer those
funds on behalf of the Judge for the position shown in Appendix A.
Orange/Chatham County FY 2017
Juvenile Court/School Liaison
Page | vf6
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS:
1. The term of this MOA shall be for a period of one year, beginning on July 1, 2016
and terminating on June 30, 2017.
2. The employee under this contract will be the employee of the Judge for all purposes,
and shall be hired by and work under the supervision and direction of the Judge for
Judicial District 15B.
3. The Grantors will be responsible for paying the personnel and operating costs as
budgeted and other related costs that may arise. Any changes in salary shall be
communicated in writing to the Grantors, the Judge, and the NCAOC. The parties
agree to act in good faith to facilitate such budget amendments as may be necessary
from time to time. The Judge shall provide space and furnishings for their staff
positions under this agreement commensurate with other staff offices, using space
already provided by the County. The NCAOC shall provide administrative services
(including Human Resources processing and payroll services) pursuant to this MOA,
but shall not contribute funds or be responsible for paying any operating expenses of
the project, nor shall the NCAOC or Grantors be responsible for the hiring or
supervision of the positions.
4. The Grantors shall provide funds to the NCAOC Deputy Director for Financial
Services as outlined in Appendix A. Expenses for unemployment, workers
compensation and disability claims, as outlined in paragraph 7 below, are unforeseen
expenses which are not included in Appendix A and may increase the Grantors'
financial obligation above and beyond the base amount indicated in Appendix A
should a claim be filed.
5. The Grantors agree to provide to the NCAOC all operating costs associated with the
position in this contract in accordance with annual NCAOC position cost statements
supplied by the NCAOC Financial Services Division, as outlined in Appendix A.
Typical operating costs in NCAOC position cost statements represent expenditures
such as transportation, meals and lodging, postage, registration fees, maintenance
agreements, office equipment, general office supplies, telephone service and
equipment, personal computer and printer, software, and wiring and installation.
Using funds provided by the Grantors, the NCAOC will purchase and maintain all
equipment outlined in Appendix A. The Grantors will submit payment upon the
receipt of a detailed invoice.
6. The Grantors agree that it will increase the payments under this MOA by the amount
necessary to provide for each of the following increases in the compensation or
benefits of any person whose position is funded under this MOA, with each increase
to become effective on the effective date of the relevant increase in compensation or
benefits as set forth by the North Carolina General Assembly. Should the amounts
needed for any increase exceed ten percent (10%) of the total contract amount,
however, the Grantors must agree in writing to any amount in excess of ten percent
Orange/Chatham County FY 2017
Juvenile Court/School Liaison
Page 2 of 6
(10%) of the total contract amount. If the Grantors do not agree in writing to pay the
amount in excess of ten percent (10%), then the parties may terminate this MOA in
accordance with paragraph 9 below.
a. Any increase in salary due to legislative act, reclassification, in-range
adjustment, or longevity.
b. Any increase in salary to which any assistant or deputy clerk is entitled under
the pay plan adopted pursuant to G.S. §7A-102
c. Any legislatively mandated increase in the employer contributions to the
North Carolina Teachers' and State Employees' Retirement System or the
Consolidated Judicial Retirement System
d. Any legislatively mandated increase in the employer's premium to provide
coverage under the North Carolina Teachers' and State Employees' Major
Medical Plan
7. The Grantors agree to reimburse the NCAOC for any and all costs arising from an
unemployment, workers' compensation and/or disability claim submitted by an
employee under this contract who qualifies for such payments based on his/her
duration of employment with the Judicial Department. The Grantors agree to
reimburse the NCAOC for all costs arising from any such claim that is submitted after
the contract period specified in paragraph 1 above, so long as the termination of
employment or injury that is the subject of such claim occurred during said contract
period. Costs arising from unemployment, workers' compensation and/or disability
claims are not included in Appendix A and may result in costs in excess of those
outlined in paragraph 4 above. Absent a specific line item in Appendix A for
unemployment, workers' compensation, and/or disability costs, such costs may be
offset and covered with (i) funds reallocated from other line items, where available;
and/or(ii) lapsed salary resulting from vacant positions under this Agreement or
future comparable agreements. Vacant positions under this Agreement may be held
vacant for an extended period of time to ensure that there will be a sufficient amount
of lapsed salary with which to reimburse the NCAOC for any such claims. This
provision does not limit the authority of the Office of the North Carolina Attorney
General to represent the NCAOC in any litigation that may arise hereunder.
Additionally, the NCAOC may purchase worker's compensation insurance to cover
any workers' compensation claims that may be filed in accordance with this MOA.
The Grantors agree to reimburse the NCAOC for the cost of workers' compensation
insurance premiums and deductibles paid by the NCAOC. The NCAOC will send an
invoice to the Grantors for payment of any and all costs arising from an
unemployment, workers' compensation and/or disability claim and for insurance
premiums and deductibles. The invoiced amounts shall be proportionate to the
amount allocated by each Grantor. The Grantors shall pay any invoice not later than
60 days after the Grantors' receipt of the invoice.
Orange/Chatham County FY 2017
Juvenile Court/School Liaison
Page 3 of 6
8. The NCAOC and the Grantors shall maintain all appropriate documentation of
expenditures under this MOA for examination by the Office of the State Auditor.
Upon request, the NCAOC shall provide to the Grantors copies of said documentation
and the Grantors shall provide to the NCAOC copies of such documentation.
9. This MOA may be terminated by the Grantors, the NCAOC, or the Judge upon giving
sixty (60) days' notice in writing or by mutual consent of all of the parties.
10. The Judge shall immediately advise the Grantors in writing if the position is vacated.
Said vacancy will terminate the operation of this MOA and result in the elimination
of the position from the Judicial Department payroll.
11. It is understood and agreed between the Grantors, the Judge, and the NCAOC that the
extension or renewal of payment specified in this MOA, is dependent upon and
subject to the allocation, availability, or appropriation of funds by the Grantors.
12. It is understood and agreed between the Grantors, the Judge, and the NCAOC that
nothing in this MOA shall be construed to obligate the NCAOC to maintain or
request funding for positions or services initially provided under this MOA.
13. The terms of this MOA may be extended or modified by written amendment executed
by all the parties.
14. This MOA, including Appendix A attached, is the entire agreement among the parties
and there are no other agreements, oral, written, expressed or implied.
Orange/Chatham County FY 2017
Juvenile Court/School Liaison
Page 4 of 6
IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed
this MOA as of the Effective Date. The undersigned Grantors agree to provide the NCAOC with
copies of minutes or other documentation authorizing him to execute this contract on behalf of
the Grantors.
This the21, .5; day of .,,,,„)(yo,e_ , 20
CHAPEL, ILL -- ORO CITY SCHOOL,
(;)
BY */ 00 ' , /zeet,,,,
Thomas Forcel a, Superintendent Ruby Pitt an, Senior Executive Director
Budget and Finance
CHATHAM COUNTY SCHOOL SY TEM
i BY ii "7 l
7 Derrick D Jordan, TOM:sser --„....—
Chief Finance Officer
ORANGE COUNTY SCH.OL SYSTEM
BY • A -
. If 11 1
--........ -
I" 0 4
Dr. To!d Wirt, Super' endent Donna Brinkley, Chief Finance Offi er
CHATI-1;, M COUNTY
1/ 5,,,
/ // 40,
/ ,
'
BY: ,, u
Renee Paschal, County Manager
ORANGE COUNTY
,--
BY: ):/
Bonnie B. Hammersley, C ty Manager
Orange County FY 2017
Juvenile Court/School Liaison
Page 5 of 6
CHIEF DISTRICT COURT JU I GE
JUDICIAL DISTRICT 15B //
B Y
Judge Jose 1• Buckner
NORTH C• l'OLINA ADMIN I.TRATIVE OFFICE OF THE COURTS
(7
BY: CA)-A) r, Li
Judge M:rion R. Warren, Director
The Orange County Finance Officer and the Chatham County Finance Officer are signing for
the limited purpose of reporting that this instrument has been pre-audited in the manner
required by the Local Government Budget and Fiscal Control Act.
Orange V.Ounty Finance Officer Chatham County Finance Officer
Orange/Chatham County FY 2017
Juvenile Court/School Liaison
Page 6 of 6
APPENDIX A
Estimated Contract/Grant Cost 03/11/16
Invoices will be based on actual, not estimated, costs.
Position Title: DISTRICT COURT JUDICIAL ASSISTANT I
Incumbent: Paul Atherton(2100-2753)
FY 2017 FY 2017 Projected
Adjust- FY 2017
Original
ments Costs
Salary& Longevity($33,384 annual salary w/possible 2% LI) 34,052 34,052
Social Security 7.65% 2,605 2,605
Retirement 15.85% 5,397 5,397
Health Insurance 5,750 5,750
Workers' Compensation 170 170
Unemployment 500 500
Office Supplies 360 360
Postage 485 -485 0 2
Conference/Training Registration Fees 0 0 1
Other Administrative Expenses 500 -500 0 2
Office Equipment
File cabinet N/R 360 -360 0 3
Portable calculator N/R 20 -20 0 3
Hardware,Software,Support Services 766 766
Telecommunications
Equipment,wiring,installation N/R 600 -600 0 3
Phone line 285 285
Data connectivity 207 207
Cellular phone service 450 450
In-State Travel
Mileage(5700 miles x$0.54/mile) 3,078 3,078 1
Lodging(2 days x $75/day) 1.50 150 1
Meals(2 days x$37.90/day) 76 76 1
Total Cost $55,811 -$1,965 $53,846
Total Recurring Cost $54,831 -$985 $53,846
Total Non-Recurring Cost $980 -$980 $0
Non-recurring(N/R)costs are incurred when a new position is created or equipment is purchased or replaced.
I Project Director will not authorize any travel in excess of the budgeted amount.
2 AOC waives recoupment in FY 2017.
3 Expenses not anticipated in FY 2017,