HomeMy WebLinkAbout2019-308-E Health - Orange Co Family Success Alliance performance agreement
Revised 2/2019 Page 1 of 6
ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE
OUTSIDE AGENCY PERFORMANCE AGREEMENT
FY 2018-19
THIS AGREEMENT, made and entered into the 14th day of May, (“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
20, 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 Eight Thousand Three Hundred Ten dollars ($68,310).
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 $34,155. The first
payment is contingent upon receipt of the fully executed agency’s performance agreement.
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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, 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
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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
x 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
x Commercial General $1,000,000 Each Occurrence
Liability $2,000,000 Aggregate
x 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.
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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
ATTN: Kimberlee Quatrone
Post Office Box 8181
Hillsborough, NC 27278
Provider: Orange County Board of
Education
200 E. King Street
Hillsborough, NC 27278
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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
http://www.orangecountync.gov/departments/purchasing_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 11A and Article 40 of North Carolina General Statute Chapter 66.
[SIGNATURES ON FOLLOWING PAGE]
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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 Orange County Board of Education
_____________________________ _______________________
Dr. Todd Wirt Date
For and on behalf of Orange County Government
_______________________________ ________________________
Bonnie Hammersley, County Manager Date
DocuSign Envelope ID: 36D63727-ECEB-44E6-B606-41E97EF5D597
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Exhibit A
Scope of Services for
Orange County Schools “Out of School Time” Summer 2019 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: $68,310
x $30,360: Summer K-Readiness program for 40 students at a cost of $759 per student.
x $37,950: Summer Rising 1st grader and 2nd grader Literacy Enrichment program for 50
FSA students at a cost of $759 per student.
Funds will be used to pay teacher salaries and payroll, transportation, curriculum materials and
supplies.
Program Services:
x Recruit and enroll 40 incoming kindergarteners at New Hope Elementary into a summer
kindergartern readiness program. Recruit and enroll 25 rising 1st grade and 25 rising 2nd
grade students into a summer literacy enrichment camp, with a priority for students
who have previously particpated in FSA summer programs.
x Provide a four week program (16 program days) to prepare students to enter school at
grade level using an evidenced-based curriculum and an 10:1 teacher student ratio.
x 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.
x 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.
x 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.
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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% average daily 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 #s.
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 25 rising first grade students and 25 rising 2nd grade at New Hope Elementary
school for literacy enrichment program.
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 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).
DocuSign Envelope ID: 36D63727-ECEB-44E6-B606-41E97EF5D597
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2019 Run of show
K Ready Camp: 40 Rising Kinders
Summer Enrichment Camp: 25 rising 1st grade, 25 rising 2nd grade
Task Planning Ares Assigned to Deadline Follow Up/Notes
Confirm camp date & locations.
Proposed dates: 7/8/19-8/1/19 at
NHE
Program
planning
Ambra &
Meredith
1/19
Decision: Are NHE & DEAPR willing
to partner again to provide a full day
of programming?
Program
planning
Ambra &
Chris Sousa
1/19
Write draft contract between OCS
and FSA for program funding and
between DEAPR & FSA.
Contract Meredith,
Ambra and
Michele
1/19
Update K camp program application
and make available.
Recruitment Meredith 1/19
Implement recruitment plan
including coordination with K
registration and pre-k program,
recruitment start date and FSA
outreach plan.
Recruitment Meredith,
Ambra, OCS
pre-K staff
2/19
Convene meeting with DEAPR and
OCS to coordinate key logistics.
Program
planning
Meredith 3/19
Identify site coordinator and
teachers and write contracts.
Staffing Ambra 3/19
Complete student recruitment. Notify
families of enrollment.
Recruitment Site
coordinator
5/19
Coordinate student roster with
transportation and nutrition.
Bus and meals Site
coordinator
5/19
Review and revise curriculum. Program
Planning
Site
coordinator
5/19
Host orientation meeting for parents
--OCS will provide interpreters based
on need.
Program Site
coordinator
7/19 Introduce FSA
navigators
Host parent engagement event
--FSA staff will be responsible 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
Program Meredith
Site
coordinator
Second
week of
camp
DocuSign Envelope ID: 36D63727-ECEB-44E6-B606-41E97EF5D597
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 14th day of May, 2019. 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.
DocuSign Envelope ID: 36D63727-ECEB-44E6-B606-41E97EF5D597
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
_____________________________ _______________________
Dr. Todd Wirt, Superintendent Date
_____________________________
Printed Name
For and on behalf of Orange County Government
_______________________________ ________________________
Bonnie Hammersley, County Manager Date
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site-based logistics such as assigning
locations within the school for the
event (cafeteria, playground,
art/media center).
Host Ready for K graduation event
for parents.
--Include a ½ hour block of time for
FSA staff to present to 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.
Program Site
coordinator
Meredith
Last week
of camp
Collect evaluation data and compile
report.
Evaluation Site
coordinator
8/19
DocuSign Envelope ID: 36D63727-ECEB-44E6-B606-41E97EF5D597