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HomeMy WebLinkAbout2019-233-E Health - Chapel Hill Carrboro Schools FPG summer camp DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE OUTSIDE AGENCY PERFORMANCE AGREEMENT FY 2019-20 THIS AGREEMENT,made and entered into the 4th day of April 2019, ("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 May 1, 2019 to October 1,2019. 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 Sixty Nine Thousand Three Hundred Eighty-Eight dollars($69,388). 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 of$34,694. The first payment is contingent upon receipt of the fully executed agency's performance agreement. Revised 212019 Page I of 6 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC d. The County's obligation to make final payment is contingent upon receipt of a Progress Report,which shows 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) 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 Progress Reports by August 15, 2019 that includes a summary of satisfactory progress toward completion of performance measures. Provider will also provide a Final Report by October 1, 2019 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 212019 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC 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 212019 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC 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. 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: Chapel Hill Carrboro City ATTN: Kimberlee Quatrone Schools Post Office Box 8181 750 s. Merritt Mill Road Hillsborough,NC 27278 Chapel Hill,NC 27516 Page 4 of 6 Revised 212019 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC 15. 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. 16. 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. 17. 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at htt2://www.oranaecounl3Mc.gov/departments/Turchasiniz division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 18. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURES ON FOLLOWING PAGE] Page 5 of 6 Revised 212019 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC 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. DacuSigned by: . '1 '�— Provider �ostu. 1'� VbinA41AA, 4/4/2019 DSAF72E351FE4C1. Jessica O'Donovan Date Assistant Superintendent Instructional Services T DocuSigned by, "" nge County Government E66WIA1' RA*AAY�� 4/15/2019 06379946755E477.. Bonnie Hammersley, County Manager Date Page 6 of 6 Revised 212019 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC Exhibit A Scope of Services for Chapel Hill Carrboro City Schools Summer 2019 enrichment program in partnership with the Family Success Alliance (FSA): "Ready for K" & FPG Summer Camp Purpose: Program resources for Chapel Hill Carrboro City schools for 1) summer camp at Frank Porter Graham and 2) to provide the Ready for K summer academic program for Family Success Alliance (FSA) rising kindergarten students. Budget: $69,388 • $41,745: for Summer K-Readiness program for rising kindergarten students at FSA zone schools. Budget is calculated at a cost of$759 per student for 55 students. Funds can be used to pay teacher salaries, staff recruitment of camp participants, payroll, transportation, curriculum materials and supplies. • $27,643: To support summer camp at FPG. CHCCS will use of these funds to contract with the Town of Chapel Hill to coordinate and administer the summer camp program. Ready for K Program Duties of the CHCCS Board • With assistance from FSA staff, recruit and enroll 55 or more low-income incoming kindergarteners into a summer kindergartern readiness program to be held at a central location. • Provide a % day (morning), four week program (16 program days) to prepare students to enter school at grade level using an evidenced-based curriculum and an age-appropriate teacher-student ratio. • Provide breakfast and lunch to participants of the summer program as allowed under the United States Department of Agriculture's Summer Food Service Program. • Transport students to and from the summer day camp. • Provide a program orientation for parents with resources for supporting learning at home and an end of program celebration to include an opportunity for families to enroll in the FSA navigator program. FSA staff will coordinate an evening engagement event at the school for camp participants and their families to be held during the second week of camp with assistance from the site coordinator • Coordinate with Carrboro Arts Center staff to allow for an afternoon enrichment componet of the program. Meet with Arts Center staff prior to the start of the camp to review procedures for morning to afternoon transition and end of day dismissal and for potential currciucum coordination. • Administer standardized academic assessments at the beginning and end of the program to evaluate the impact of the program. Provide a final program evaluation report that includes student demographics, prior education experience, attendance, and pre/post test assessments. 1 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC • See Exhibit B: Run of Show for a breakdown of roles and duties of the County and CHCCS. Outcomes Recruitment: CHCCS staff, with assistance from FSA staff, will conduct outreach to eligible families and recruit incoming kindergarten students for the k-readiness program with an aim of reaching at least 55 students. Attendance: Attendance will be tracked with a goal of 90% average daily attendance rate. Program Evaluation: Quantitaive Data: School staff will collect pre and post academic assessments. Qualitative Data: School staff will collect standardized parent and teacher satisfication data (satisfaction with program, and child performance and readiness) FPG SUMMER PROGRAM The FPG summer academic and recreational program ("summer day camp") will operate for eight weeks between June and August 2019. FPG students with low reading proficiency will be given enrollment priority, and the camp will be open to all FPG students including those currently enrolled in the Family Success Alliance ("FSA") program. 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. Recruit eligible students, providing County staff with information necessary to inform families about the camp and encourage enrollment. 3. 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. 4. Provide the services of program coordinators and teachers for the duration of the program. 5. 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. 6. Transport students to and from the summer day camp. The Board will provide transportation during the four weeks when the Read-to-Achieve program is concurrently in session. 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, 2019. 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 summer programs. This applies to both Ready for K and FPG summer program. 2 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC Appendix: 2019 K Ready Camp Run of show Task Planning Assigned to Deadlin Follow Area a Up/Notes Confirm camp dates. Program J. LaSerna 1/2019 planning E. Bivins M McMonigle Communicate with Carrboro Program J. LaSerna 2/2019 Reminders: Arts Center and CHCCS to planning C. Betts -Schedule coordinate key logistics M• orientation McMonigle for CAC CAC Staff staff Finalize contract between Contract J. O'Donovan 2/2019 CHCCS and Orange County C.Austin Revise and improve Recruitment C. Betts 2/2019 recruitment plan including C. Mau enrollment criteria, K. Moore coordination with K M. registration and Pre-k McMonigle program, recruitment start date, and contracts for CHCCS staff to conduct recruitment Prepare enrollment form for Recruitment M. 2/2019 Post online distribution to parents McMonigle Identify site coordinator and Staffing J. LaSerna 2/2019 teachers and write contracts K. Moore Start student recruitment Recruitment M. 2/19 Actively recruit students not McMonigle previously enrolled in Pre-K, C. Betts and coordinate with K. Moore re enrollment of Pre-K students Confirm specific program Program J. LaSerna 4/19 C. Betts 3 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC goals (social/emotional and planning academic) and identify anticipated student outcomes I Coordinate recruitment with Bus and C. Betts 5/19 transportation and nutrition meals Complete student recruitment Recruitment C. Betts 5/19 M. McMonigle Hold professional Curriculum C. Betts 6/19 development Host orientation meeting for Program C. Betts 7/19 Introduce parents FSA --CHCCS will provide navigators interpreters based on need. Host parent engagement Program M. Second event McMonigle week of --FSA staff will be responsible C. Betts camp for planning the event including promotion materials, conducting outreach to families, providing food and childcare and designing event activities. --Site coordinator will assist with distributing promotional materials (e.g., at initial orientation) and will attend event and provide support for site-based logistics such as assigning locations within the school for the event (cafeteria, playground, art/media center). Host Ready for K graduation Program C. Betts Last event for parents. M. week of --Include a 1/2 hour block of McMonigle cam time for FSA staff to present to p 4 DocuSign Envelope ID:20118219-A7E9-41F1-A36D-44700C004BFC I I I I families on FSA programs in a setting that will allow parents to complete forms. FSA will provide interpreters as needed. --Site coordinator will lead all other graduation-related activities and will communicate with parents to encourage participation in the event. 5