HomeMy WebLinkAbout2019-853-E Health - Chapel Hill Carrboro Schools FPG learning agreementRevised 12/18
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[Departmental Use Only]
TITLE CHCCS-FPG Learning
FY 2019-2020
ORANGE COUNTY
CONTRACT UNDER $5,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 23rd day of October, 2019, (“Effective Date”) by
and between Orange County, North Carolina, a body politic and corporate organized under the laws of the
State of North Carolina, (the "County"), party of the first part; and Chapel Hill Carrboro City Schools (the
"Provider"), party of the second part;
W I T N E S S E T H:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement, time being of the essence:
The services and/or materials and/or construction (hereinafter referred to collectively as “Services”)
to be furnished under this Agreement are as follows: Provide an after-school homework help and tutoring
program for eight weeks, January 6, 2020 - February 27, 2020 using classroom teachers to tutor students in
the grade they teach. This program will target students in grades 3-5 with FSA students given priority. See
Exhibit A "Scope of Services for FPG After School 2019-2020 program for the Family Success Alliance"
which is attached and hereby incorporated by reference.
The term of this agreement rendered shall be from November 4, 2019 to May 15, 2020.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement, without the prior written approval of the County.
SPECIFIC TERMS
1. Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed Two
Thousand Four Hundred Dollars, ($2,400). Payment shall be made within thirty (30) days of an invoice
properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement,
County may, without fault or penalty, withhold any payment associated with the work to be performed until
such time as said work is completed.
2. Non–waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor
shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of
this Non-Waiver Clause.
3. Independent Contractor: The Provider shall operate as an independent contractor, and the
County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated
as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
DocuSign Envelope ID: 11287368-DBE4-42AC-8F23-95068A133396
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4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may
be required by County’s Risk Manager as such insurance requirements are described in the Orange County
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk
Manager determines additional insurance coverage is required such additional insurance shall be designated
here N/A (if no additional insurance required mark N/A as being not applicable) For purposes of this
Agreement the standard requirements for coverage to provide for waiver of subrogation for worker’s
compensation and environmental/pollution liability coverage are waived. Provider shall not commence work
until such insurance is in effect and certification thereof has been received by the County's Risk Manager.
5. Indemnity: The Provider agrees, without limitation, to defend, indemnify, and hold harmless
Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including
reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to
or destruction of any property caused in whole or in part by any negligent or intentional act or omission on
the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be
provided in this Agreement.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon
reasonable notice to Provider.
7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be
bound by all of 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 the parties. Modifications
may be evidenced by telefacsimile signature. This Agreement together with any amendments or
modifications may be executed electronically. 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 11A and
Article 40 of North Carolina General Statute Chapter 66.
8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by
the laws of the State of North Carolina and Orange County. 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. In determining the basic services to be provided, should any documents be referenced in or
attached to this Agreement, the terms herein shall have priority in any conflict between the terms of
referenced documents and the terms of this Agreement.
9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be
resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the
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dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement
such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,
North Carolina.
10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANGE COUNTY PROVIDER
By: _________________________ By: _________________________
Department Director Title: ________________________
200 S. Cameron St. Pamela Baldwin, Superindendent
P.O. Box 8181 Chapel Hill Carrboro City Schools
Hillsborough, NC 27278
DocuSign Envelope ID: 11287368-DBE4-42AC-8F23-95068A133396
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Exhibit A
Scope of Services for
FPG After School 2019-2020 program
for the
Family Success Alliance
Purpose: Program support resources for FPG to provide after school programming for students
attending FPG, a zone 6 school.
Budget: $2,400.00
x Funds will be used for teacher stipends for the program and developing instructional
materials.
Program Services:
x FGB will offer an afterschool homework help and tutoring program for 8 weeks, January
6-February 27, Monday-Thursday to receive homework help and tutoring support by a
teacher from that grade level. The teacher providing support will assist students with
daily homework, ensure independent reading practice is done and provide tutoring
support as needed. Since student data is kept formatively, the teacher will be abe to
access student information, Power Goals and reading level fluidly throughout the
tutoring session
x The program goals and objectives are: ● To increase literacy levels through sustained
independent reading practice as part of homework ● To increase literacy levels through
tutoring support.
x Students who are not on grade level in reading in grades 3-5 will be invited to
participate with each grade level supporting up to 20 students. FSA students are clearly
marked in our testing file and priority will be given to FSA students if they meet the non-
proficiency requirement. Students will be identified and invited in December.
x Budget: $2,400 ($800/teacher stipend for 4 hours/week @$25/hour)
Outcomes
FPG has had a tutoring program for six years and has previously used creative staffing/work
hours to support the afterschool program. As we have tracked data and reviewed who has
provided support, we feel it will be more impactful for a classroom teacher in the child’s grade
level to provide the support. He/she is more knowledgeable about classroom instruction,
resources and materials and invested in the success of the students. This school year, we are
trying a stipend based model to see if there is more impact for students when they receive
more consistent support from a classroom teacher. Since we cannot adjust the work hours of a
classroom teacher, the stipend model is being presented. At the end of the school year, we will
analyze if this model is more impactful by examining the growth rates of participating students.
The dual language coaches, support teachers (ESL, intervention, special education) and
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classroom teachers will collaborate on the targeted instruction and support students receive in
the afterschool program to ensure students are not getting duplicate instruction from the
school day. For many students below grade level, their school day instructional time is targeted
and usually with an adult (teacher, assistant, intervention, special education, etc.) so little time
is left for independent practice and sustained reading. Students need accountability, support
and ongoing conferring to ensure effective independent practice. The afterschool program will
be an extension that provides this time and support for students.
Reporting
x Half of the contract will be paid when the contract is signed and executed. The
remaining half will be paid when the program is complete and a final invoice and
program report are submitted. The deadline to submit these documents is May 15,
2020.
DocuSign Envelope ID: 11287368-DBE4-42AC-8F23-95068A133396