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c. To submit an invoice to the Department quarterly specifying school nurse personnel costs for the <br /> submission period. <br /> d. That it has or will secure, at its own expense, all nursing personnel required for the performance of <br /> this service under this Agreement. Such nursing personnel shall not be employees of or have any <br /> contractual relationship with the Department. All personnel engaged in work under this Agreement <br /> shall be fully qualified and shall be authorized or permitted under state and local law to perform <br /> such services. <br /> e. To inform the Department of the employment of the nurses; and in the event of termination, whether <br /> voluntary or involuntary, of the date of termination. <br /> f. To maintain documentation that each of the nurses employed under this Agreement is and remains <br /> current in his/her licensure as a Registered Nurse in good standing with the North Carolina Board of <br /> Nursing; and provide that documentation to the Department upon requested. <br /> g. To release all school nurses to attend at least three continuing education events scheduled during <br /> the school year at mutually agreed upon times. <br /> h. That it shall obey all state and federal statutes, rules and regulations which are applicable to <br /> provisions of the services called for herein. <br /> i. To provide adequate space, computer equipment and supplies for the designated positions through <br /> other funds at a level comparable to the support provided to all school nurses supported by the <br /> School. <br /> j. To provide nursing supervision within the School consistent with the annual Memorandum of <br /> Agreement. <br /> 4. Liability. Each party shall hold the other harmless from all loss, liability, claims or expense arising from <br /> bodily injury, including death or property damage, to any person or persons caused in whole or in part <br /> by its own employees functioning under this Memorandum of Agreement and shall bear responsibility <br /> for liability, claims or expenses arising from the acts or omissions of the party's own personnel to the <br /> extent provided by North Carolina law. <br /> 5. Insurance. The School participates in a risk management program through the North Carolina School <br /> Boards Trust which provides Errors & Omissions/ General Liability Coverage and which, in combination <br /> with excess insurance, provides general liability coverage in excess of$1 million. The School agrees to <br /> continue this coverage through the term of this Agreement and shall provide proof of such coverage to <br /> the County upon execution of this Agreement. <br /> 6. Amendments or Modification. This Agreement shall not be altered, amended or modified, except by an <br /> agreement in writing executed by the duly authorized officials of both parties. <br /> 7. Subcontract or Assignment. The School shall not sub-contract out any of the services provided for in <br /> this Agreement or make any assignment of this Agreement (including rights to payments) without the <br /> prior written consent of the County. <br /> 8. Relationship of the Parties. The School is an independent contractor of the County. Neither the School <br /> nor any employee of the School shall be deemed to be an officer, employee or agent of the Department <br /> or Orange County Government. School's personnel shall not be employees of, or have any contractual <br /> relationship with the County. <br /> 2 <br />