HomeMy WebLinkAbout2020-396-E Health-Orange County schools Online K-12 readiness
Revised 6/2020 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 12th day of June, (“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 June
1, 2020 to October 1, 2020.
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 Six Thousand Six Hundred Sixty Six dollars ($66,666).
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 $33,333. The first
payment is contingent upon receipt of the fully executed agency’s performance agreement.
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
2
Rev 6/2020
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, 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 accounti ng 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
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
3
Rev 6/2020
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, adequate risk pool coverage for all activities being
performed by Provider under this Agreement, including worker’s compensation,
comprehensive general liability, comprehensive automobile liability coverage, and sexual
abuse/molestation coverage.
b. Provider will name County as a certificate holder for Provider’s member-funded risk
management program.
c. Nothing in this section is intended to affect or abrogate either the County or Orange County
Schools’ 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
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.
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
4
Rev 6/2020
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 exclus ive
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 porti ons 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
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
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
5
Rev 6/2020
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]
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
6
Rev 6/2020
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
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
6/30/2020
7/1/2020
7
Rev 6/2020
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: $66,666 Purpose: Provide online summer k-readiness and literacy program Budget
Code(s): 10414020-630000-71453 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 6/1/20 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, original contract for out of school programs were cancelled for this new online
version. The schools have been working diligently to get the necessary program designed.
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 requireme nts:
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 Allen Coleman upon completion: acoleman@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:_________
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
6/30/2020
6/30/2020
7/1/2020
7/1/2020
1
Exhibit A
Scope of Services for
Orange County Schools “Out of School Time” Summer 2020 programs
for the
Family Success Alliance
Purpose: Program support resources for Orange County Schools to provide virtual summer out
of school time services to Family Success Alliance (FSA) students attending New Hope
Elementary, a zone 4 school.
Budget: $66,666
Summer virtual K-Readiness program for 40 rising kindergarden students at a cost of
$513 per student.
Summer virtual literacy and math enrichment program for 60 Rising 1st graders and 40
2nd graders at a cost of $513 per student.
Funds will be used to pay salaries, payroll, and benefits to 17 teachers and one Assistant
Principal.
Program Services:
Recruit and enroll 40 incoming kindergarteners at New Hope Elementary into a summer
virtual kindergartern readiness program. Recruit and enroll 60 rising 1st grade and 40
rising 2nd grade students into a summer literacy and math enrichment camp, with a
priority for students who have previously particpated in FSA summer programs.
Provide a four week program (16 program days) to prepare students to enter school at
grade level using an evidenced-based curriculum and an 8:1 student teacher ratio.
Use the Bridges math curriculum which is the current curriculum that is used in Orange
County Schools. In English Language Arts, teachers will use the Letterland curriculum
and the Units of Study from Lucy Calkins to instruct with a focus on decoding and
reading comprehension.
Partner with the Orange County School system technology department to ensure that
the students who attend will have a device to access the instruction and content.
Orange County Schools will also ensure that every student will have high speed internet
in their home free of charge via hotspots that will be issued to families. Teachers will
use a hybrid of Google classroom, Class DOJO, and SeeSaw to help instruct their
students.
Provide families with guidance on how to support their child at home in a virtual
setting.
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. Present evaluation report finds to the FSA Advisory Council
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
2
in Fall 2020.
Outcomes
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. Recruit 60 rising 1st graders and 40 rising 2nd
graders.
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. Assessments in
number recognition, counting and making sets, subitizing, decomposing numbers,
and number combinations will be utilized to assess growth in foundational skills.
Teachers will utilize the Letterland assessments for letter knowledge, Running Records
to track comprehension and fluency progress, and some basic reading inventories
through Jerry Johns assessments
Qualitative Data: School staff will collect standardized parent and teacher satisficatio n
data (satisfaction with program, and child performance and readiness)
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
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” or “OCS”) and the County of
Orange, a political subdivision of the State of North Carolina (“County”), agree to the following
addendum (“Addendum”) to the Outside Agency Performance Agreement between Provider and
the County made and entered into between the parties on the first day of June, 2020
(“Agreement”). The terms of this Addendum shall control over any conflicting terms in the
Agreement.
1. Confidentiality of Student Information. Orange County Schools, in its discretion,
may provide the County with access to education records of OCS students and/or
personally identifiable information contained in such records as a contractor
performing an institutional function of OCS pursuant to this Agreement. 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
Agreement 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 perso nally 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 stu dent 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 t he
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
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
registries from having direct interaction with Orange County Schools students or
being on Provider’s property. County agrees that it will maintain all records and
documents necessary to demonstrate that it has conducted a thorough check of the
registries as to each employee performing services under the Agreement, and agrees
to provide such records and documents to Orange County Schools upon request
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. Monique Felder, Superintendent Date
For and on behalf of Orange County Government
_______________________________ ________________________
Bonnie Hammersley, County Manager Date
DocuSign Envelope ID: B184D16B-BF48-4A78-9278-BC0EB65E0C87
6/30/2020
7/1/2020