HomeMy WebLinkAbout2021-394-E-Health-Orange County Board of Education-Provide summer k-readiness and literacy program
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ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE
SUBGRANT AGREEMENT
FY 2020-21
THIS AGREEMENT, made and entered into the 26th day of June, (“Effective Date”) by and between the
County of Orange, a political subdivision of the State of North Carolina, 300 West Tryon 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, County’s Orange County Health Department received a grant from United Way of the Greater
Triangle, Inc., to support certain projects managed by the County’s Family Success Alliance (“FSA”); and
WHEREAS, the COVID-19 pandemic created barriers to using the grant funds as originally designed, and
further jeopardized County FSA funding for Orange County Schools to provide summer out of school time
services to FSA students and other students attending Ready for Kindergarten summer programs;
WHEREAS, the County requested to use the grant funds to assist Orange County Schools’ Ready for
Kindergarten summer programs, on grounds Kindergarten-readiness had been was identified as a priority
among parents and therefore satisfied the purpose of the grant, and authorized representatives of United
Way of the Greater Triangle agreed; and
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;
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 June
1, 2020 to October 1, 2020.
2. Scope of Services.
a. Provider will provide services, as outlined in the attached Scope of Services and any
amendments or revision thereto which is attached as Exhibit “A” and incorporated by
reference, in order assist the County in execution of its obligations for the United Way of
the Greater Triangle BB&T Grant. Any revisions or amendments to this Agreement or the
attached Scope of Services 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 Eleven Thousand Six Hundred Fifty Six and 71/100 Dollars ($11,656.71).
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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 County is not obligated to provide any other support to Provider in this or in
succeeding fiscal years.
4. Agency Reporting.
a. Provider shall provide the County a Final Report by October 1, 2021 that includes a fiscal
report and final evaluation and performance measures.
b. Provider agrees to allow the County to inspect its financial books and records, which
document costs of these 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
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.
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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.
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
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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:
15. E
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i
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Agreement. This Agreement, including any referenced attachments, constitutes the entire
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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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. Monique Felder, Superintendent Date
For and on behalf of Orange County Government
_______________________________ ________________________
Bonnie Hammersley, County Manager Date
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Department
Party/Vendor Name: Orange County Board of Education Party/Vendor Contact Person: Michele Woodson Contact
Phone: 919-245-4001 Party/Vendor Address: 1914 New Hope Church Road City Chapel Hill State: NC Zip: 27514
Department: Health Amount: $11,656.71 Purpose: Provide summer k-readiness and literacy program Budget
Code(s): 30412020-680007/630000-71453 Vendor # 178 (N/A if new vendor) Vendor is a BOCC consultant? Yes
No X Contract Type: (Check one) New Renewal X Amendment Effective Date 6/1/21 Approved by Board
Yes No Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed: Were waiting on approval to sub-grant funds from United Way.
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts :
Office of the Clerk to the Board __________________________________________Date:_________
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7/14/2021
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Exhibit A
Scope of Services for
Orange County Schools “Out of School Time” Summer 2021 program
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 and other students attending
Ready for K summer programs.
Program Award: $11,656.71
Outline how the agency will spend Orange County’s funding award:
Expense Description Amount
Personnel Salaries $11,656.71
Program Services:
Recruit and enroll up to 25 or more incoming kindergarteners into a summer
kindergartern readiness program.
Provide two (2), three week sessions from June 12-July1 and July 12-29 (24 program
days) to prepare students to enter school at grade level using an evi denced-based
curriculum and a 10:1 student teacher ratio. Free aftercare available from 5-6pm.
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.
Coordinate with outside vendors to allow for an elective afternoon enrichment
componet of the program. Families can also sign up for free childcare on Fridays.
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.
Outcomes
K-Readiness
Recruitment: Staff will conduct outreach to eligible families and recruit up to 25 incoming
kindergarten students for the k-readiness program.
Attendance: Attendance will be tracked with a goal of 90% average daily attendance rate.
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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)
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