HomeMy WebLinkAbout2020-369-E-Health-Chapel Hill Carrboro City Schools Online summer k-readiness program
Revised 2/2019 Page 1 of 6
ORANGE COUNTY HEALTH DEPARTMENT FAMILY SUCCESS ALLIANCE
OUTSIDE AGENCY PERFORMANCE AGREEMENT
FY 2019-20
THIS AGREEMENT, made and entered into the 11th day of June 2020, (“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 June 1,
2020 to October 1, 2020.
2. Scope of Services.
a. Provider will provide services, as outlined in the attached Outside Agency Fu nding
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 Seventy two thousand five hundred dollars ($72,500).
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 $36,250. 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 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, 2020 that includes a
summary of satisfactory progress toward completion of performance measures. Provider
will also provide a Final Report by October 1, 2020 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. 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.
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 t his 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 either Party’s sovereign immunity defenses.
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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. 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, w hich 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
County: Orange County Health Department
ATTN: Kimberlee Quatrone
Post Office Box 8181
Hillsborough, NC 27278
Provider: Chapel Hill Carrboro City
Schools
750 S. Merritt Mill Road
Chapel Hill, NC 27516
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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.
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.
For and on behalf of the Provider
_____________________________ _______________________
Jessica O'Donovan,
Assistant Superintendent for Instructional Services Date
_____________________________
Printed Name
For and on behalf of Orange County Government
_______________________________ ________________________
Bonnie Hammersley, County Manager Date
This instrument has been pre-audited in the manner required by the School Budget and Fiscal
Control Act.
________________________________
Jonathan Scott, Interim Chief Financial Officer
Chapel Hill Carrboro City Schools
DocuSign Envelope ID: C51F630A-23FD-4386-B0CE-9526161D6CC7
Jessica O Donovan
6/12/2020
6/22/2020
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Department
Party/Vendor Name: Chapel Hill Carrboro City SchoolsParty/Vendor Contact Person: Jessica O'Donovan Contact
Phone: 919-967-8211 x28225 Party/Vendor Address: 750 S. Merritt Mill Road City Chapel Hill State: NC Zip:
27516 Department: Health Amount: $72,500Purpose: Online summer k-readiness program Budget Code(s):
10414020-630000-71453Vendor # 22226 (N/A if new vendor) Vendor is a BOCC c onsultant? Yes No
Contract Type: (Check one) New Renewal X Amendment Effective Date 6-1-20 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: Due to COVID-19, the original contract for summer camps was cancelled and a new program needed
to be agreed upon.
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 Sherri Ingersoll upon completion: singersoll@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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Exhibit A
Scope of Services for
Chapel Hill Carrboro City Schools (CHCCS) Summer 2020 enrichment program in partnership
with the Family Success Alliance (FSA): “Ready for K” & FPG/CES Summer Camp
Purpose: Program resources for Chapel Hill Carrboro City schools for 1) to provide biliteracy
summer camp for students of Frank Porter Graham and Carrboro Elementary 2) to provide the
Ready for K summer academic program for Family Success Alliance (FSA) rising kindergarten
students.
Budget: $72,500
$48,000: for Summer K-Readiness program for rising kindergarten students at one or
more FSA zone schools for 55 students. Funds can be used to pay teacher salaries,
payroll, , curriculum materials and supplies
$24,500: for Biliteracy Summer Program for 50 rising 1st-6th grade students at Frank
Porter Graham Elementary School and Carrboro Elementary School.
Ready for K Program
Duties of the CHCCS Board
Identify and enroll 55 or more incoming kindergarteners into a remote summer
kindergarten readiness program. Priority will be given to student groups that are
typically identified as underserved (Black, English Language Learners, Low-Income, EC,
etc.)
Provide a four week program (20 program days) to prepare students to enter school and
engage in remote and in-person learning. Times would be based on student/family
availability with a goal of 45 minutes of contact each day.
Provide an orientation for parents with resources for supporting learning at home
Administer a parent survey at the end of the program to evaluate the perceived impact
of the program. Provide a final program evaluation report that includes student
demographics, prior education experience, attendance, and survey data
Outcomes
Recruitment: CHCCS staff, with assistance from FSA staff if feasible, 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 participation rate.
Program Evaluation:
Quantitative Data: Identify and administer assessments appropriate to remote learning
to assess academic and social and emotional readiness for Kindergarten.
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Qualitative Data: School staff will collect standardized parent and teacher satisfaction
data (satisfaction with program, and child readiness for remote and in-person
instruction)
Biliteracy Summer Program (FPG and CES)
Duties of CHCCS School Board:
Provide a four week program for students at FPG and CES to prepare them to enter
school at grade level using an evidence-based curriculum and an appropriate teacher
student ratio. Provide additional instruction and language development for students not
on grade level in Spanish literacy and/or language proficiency
Identify eligible students, inform families about the opportunity and encourage
enrollment.
Provide small group and/or 1:1 sessions with those students with Spanish speaking
teachers to continue to build Spanish literacy. Fill in gaps from what students may have
missed between March-June.
Provide parents of students with resources to continue Spanish literacy development
throughout the summer.
The Board shall provide the County a Program Evaluation Report that includes total
number students participating and any additional evaluation input from parents,
teachers, or students by October 1, 2020.
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 CES/FPG biliteracy programs.
DocuSign Envelope ID: C51F630A-23FD-4386-B0CE-9526161D6CC7