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HomeMy WebLinkAbout2017-270-E Health - Town of Chapel Hill & CHCC Board of Education MOA for summer school program DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF CHAPEL HILL ORANGE COUNTY AND CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION This Memorandum of Agreement ("Agreement") is entered into by and between the Town of Chapel Hill ("Town"), the Chapel Hill-Carrboro City Board of Education ("Board"), and Orange County, a political subdivision of the State of North Carolina, by and through the Orange County Health Department ("County"), to provide a full-day learning and recreational experience at Frank Porter Graham Elementary School ("FPG") in conjunction with the FPG summer school program. SUMMER PROGRAM The FPG summer academic and recreational program ("summer day camp" or "program") will operate from June 19, 2017 to August 18, 2017 on the schedule listed in Attachment A to this Agreement. Students, including those students currently enrolled in the Family Success Alliance ("FSA") program who attend FPG, will be identified for the summer day camp by the Board according to its policies and criteria established by the State of North Carolina. The Board will provide students transportation to and from the summer day camp from July 10, 2017 to August 4, 2017. The Board will be responsible for operation of the academic portion of the summer day camp. FSA-enrolled students identified for participation in the summer day camp will not be charged a program fee. Families of FSA-enrolled students shall be reimbursed by FPG for any program fee paid for participation in the summer day camp. Duties of the Town 1. The Town shall recruit, hire, train, and manage the summer day camp staff at FPG to operate the summer day camp on the days listed in Attachment A. 2. The Town's summer day camp staff will organize and conduct weekly swimming lessons and free swim programs for camp participants at a Town aquatic center. 3. The Town's summer day camp staff will organize and conduct other field trips as appropriate. 4. The Town will forward monthly financial statements and requests for payment to the County, with copies to the Board. 5. The Town will maintain Comprehensive General Liability and Business Automobile coverage of at least $1,000,000 per occurrence. 6. The Town agrees, to the extent permitted by law, to indemnify and hold harmless the Board and its officers, agents, and employees from all loss, liability, claims, or expense DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 arising from bodily injury, including death, or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Town except to the extent same are caused by the negligence or misconduct of the Board. The Town further agrees, to the extent permitted by law, to indemnify and hold harmless the County and its officers, agents, and employees 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 the negligence or willful misconduct of the Town except to the extent same are caused by the negligence or misconduct of the County. 7. The Town shall provide the County a Program Evaluation Report in substantially the form of Attachment B by September 1, 2017. In the event the Town shall fail to render a satisfactory accounting of expense in the Program Evaluation Report, the Town shall return all payments made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered. 8. The Town shall provide the County its anticipated budget for the summer day camp program, which is attached to this Agreement as Attachment C. Duties of the Board 1. The Board will provide and maintain the premises of FPG in a condition appropriate for the summer day camp program. 2. The Board will provide the services of Board employees to participate in the operation of the summer day camp program as follows: a. The Board will provide the services of three Coordinators and one teacher for the duration of the program. b. The Board will 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. c. The Board will provide transportation on the days the program is in session between July 10, 2017 and August 4, 2017. 3. The Board will maintain Comprehensive General Liability coverage of at least $1,000,000 per occurrence. 4. The Board agrees, to the extent permitted by law, to indemnify and hold harmless the Town and its officers, agents, and employees 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 the negligence or willful misconduct of the Board except to the extent same are caused by the negligence or misconduct of the Town. The Board further agrees, to the extent permitted by law, to indemnify and hold harmless the County and its officers, agents, and employees 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 the negligence or willful misconduct of the Board except to the extent same are caused by the negligence or misconduct of the County. DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 5. The Board shall provide the County a Program Evaluation Report in substantially the form of Attachment B by September 1, 2017. 6. The Board shall provide up to $27,000 for costs related to the operation of the summer day camp program. Duties of the County 1. The County will reimburse the Town for its expenses in operating the summer day camp program within three weeks of receipt of a monthly request for payment. The County's maximum total obligation for payment under this Agreement is $58,040. 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 of expenses incurred by the Town 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 Town has invoiced on the County and been reimbursed the County, then the Town 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. 3. The County agrees, to the extent permitted by law, to indemnify and hold harmless the Town and its officers, agents, and employees 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 the negligence or willful misconduct of the County except to the extent same are caused by the negligence or misconduct of the Town. The County further agrees, to the extent permitted by law, to indemnify and hold harmless the Board and its officers, agents, and employees 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 the negligence or willful misconduct of the County except to the extent same are caused by the negligence or misconduct of the Board. Duties of All Parties 1. The parties agree to administer all functions of this agreement in a manner that does not discriminate on the basis of race, color, religion, atheism, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, mental disability, physical disability, developmental disability, sensory disability, immigration status, or any other classification that is protected by law, regulation, or Board, Town, or Orange County Government policy. DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 2. All parties agree that this Agreement shall be governed by the laws of the State of North Carolina. The parties agree to comply with all applicable federal and state laws, including those regarding immigration. 3. The parties certify that as of the date of this Agreement, they are not identified in either the Final Divestment List ("List") or Iran Parent and Subsidiary Guidance ("Guidance") created and maintained by the North Carolina State Treasurer ("Treasurer") as published on the Treasurer's website currently located at https://www.nctreasurer.com/inside-the- department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx. Further, in compliance with § 147-86.59 (b) of said Act, the parties certify that they will not utilize in performing this Agreement any subcontractor identified in the List or Guidance. 4. Student Records. The parties agree that all student records obtained in the course of performing this Agreement shall be subject to the confidentiality, disclosure, and re- disclosure provisions of applicable federal and state statutes and regulations, and in accordance with Board of Education policy. Miscellaneous Terms 1. Termination: This Agreement shall terminate with the conclusion of the summer day camp program according to the schedule contained in Attachment A and upon the submittal of all required Program Evaluation Reports to the County 2. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 3. Non Appropriation: This Agreement is subject to the availability of public funding and may be terminated at any time if such funds become unavailable. 4. Headings: All headings that appear in this Agreement are included for convenience only and shall not affect the meaning or interpretation of any of the provisions of the Agreement. 5. Entire Agreement and Signatures: This Agreement, including any and all referenced Attachments, constitutes the entire agreement between the parties and agree to be bound by all its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by all parties. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statutes Chapter 66. [Signatures on Following Page] DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 IN WITNESS WHEREOF, the Parties have signed this MOU in their official capacities as of the day and year listed below. Orange County c DocuSigned by: bbUAA/ut, lkamovt .rStu1 7/6/2017 O037994B755E477... Bonnie Hammersley, Orange County Manager Date This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. r—polcuSigned by: � p `�°" 2°"` 7/6/2017 DE5181ACC1909... Gary Donaldson, Chief Finance Officer for Orange County Date Town of Chapel Hill rJ1�DocuSSi�ignuue__d by: im L''1 6/29/2017 5r537CF1 rcc'492... Jim Orr, Town of Chapel Hill Parks and Recreation Director Date This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. DocuSigned by: -4-fit Ota-41.0t- 6/29/2017 Ken Pennoyer, Finance Officer for Town of Chapel Hill Date Chapel Hill-Carrboro City Board of Education r DocuSigned by: �~''- � �`0 /'Ate- 6/28/2017 —738BBSE©80034FE... Todd LoFrese, CHCCS Assistant Superintendent for Support Services Date DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Nil DoocuSigned by: 12 7/5/2017 C3rA024CEOA45D... Ruby Pittman, Chief Finance Officer for CHCCS Board Date DocuSign Envelope ID:C096DOC4-21 D1-4556-9576-77FCE44884E2 ATTACHMENT A Frank Porter Graham Summer Program 2017 Time of Summer #of Employees with #of Employees with Town Dates Enrichment Time of Recreation CHCCS of Chapel Hill Transportation Provided June 12-16 Training Week NA NA 3 18 NA June 19-23 730-1230 1230-530 4 17 No June 26-30 730-1230 1230-530 3 18 No July 3-7-no camp NA NA NA NA NA July 10-14 730-1230 1230-530 3 18 Yes July 17-21 730-1230 1230-530 2 19 Yes July 24-28 730-1230 1230-530 3 18 Yes July 31-August 4 730-1230 1230-530 3 18 Yes August 7-11 730-1230 1230-530 3 18 No August 14-18 730-1230 1230-530 13 118 INo All students served in both summer enrichment and recreation are students who attend Frank Porter Graham Elementary School during the academic year. All students are either non-proficient and/or eligible for free and reduced lunch. DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 Attachment B Program Evaluation Form Program (circle): Summer Academic Program/Summer Recreation Program Start Date: Completion Date: Grade(s) of Participants: Average#of Participants per Week: Total Unique Participants: Was the fee waived for FSA enrolled families identified by the Health Department?Yes/ No Total Generated Revenue, not including Health Department funds: Total Program Expenses: Average Weekly Cost Per Participant: Program Supervised By (staff name): Program Review: Please share at least 5 bullet points on achievements of the summer program or recommendations for future consideration. • • • • • Evaluation Results: For the Summer Academic Program only, please attach any relevant evaluation data, including any pre-and post-test data. Expenses: For the Summer Recreation Program only, please attach a detailed accounting of expenses made to support participation of low-income and/or non-proficient students in the program. DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 Attachment C Frank Porter Graham —Chapel Hill Parks and Recreation Summer Day Camp Budget Plan Budget: Cost of Materials and Supplies $200/week $1600 Cost of Weekly Swimming Field Trip $300/week $2,400 Cost of Weekly Field Trips for Enrichment $300/week $2,400 Total Cost of Personnel $78140.3 Total Cost of Program $84540.3 Personnel Breakdown #of #of #of enrichment enrichment #of camp Personnel FICA Total Dates coordinators teachers assistants counselors Costs Costs Costs #of staff/week 2 5 5 8 Hours 700-100 worked 1200-600 800-1200 730-1230 1200-600 Cost/hour- average $16/hour $25/hour $13.50/hour $13.50/hour Cost/week $960/week $2500/week $1700/week $3240/week 8400 651 9051 June 15-16 Training $512/2 days $2000/2 days $1080/2 days $1728/2 days 5320 412.3 5732.3 June 19-23 960 2500 1700 3240 8400 651 9051 June 26-30 960 2500 1700 3240 8400 651 9051 July 3-7- no camp 0 0 0 0 0 0 0 July 10-14 960 2500 1700 3240 8400 651 9051 July 17-21 960 2500 1700 3240 8400 651 9051 July 24-28 960 2500 1700 3240 8400 651 9051 July 31- August 4 960 2500 1700 3240 8400 651 9051 August7-11 960 2500 1700 3240 8400 651 9051 August 14- 18 960 2500 1700 3240 8400 651 9051 Total Cost 78140.30