2014-414 Public Health - Chapel Hill Carrboro City Schools to provide school nursing services to the students in the CHCCS System $460,684

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School Nursing Services Agreement Chapel Hill Carrboro City Schools Orange County Health Department Fiscal Year 2014-2015 Page 3 of 5 3 h. That it shall obey all state and federal statutes, rules and regulations which are applicable to provisions of the services called for herein. i. To provide adequate space, computer equipment and supplies for the designated positions through other funds at a level comparable to the support provided to all school nurses supported by the School. j. To provide nursing supervision within the School consistent with the annual Memorandum of Agreement. 4. Indemnity. The School shall defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the school nurses employed by the School but functioning under the direction of the annual Memorandum of Agreement. It is the intent of this Section that the School indemnifies the County to the fullest extent permitted by law. 5. Insurance. That School shall provide, or cause to be provided, insurance covering professional liability of nursing personnel of at least $1 million. Proof of insurance shall be submitted to the County annually. 6. Amendments or Modification. This Agreement shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 7. Subcontract or Assignment. The School shall not sub-contract out any of the services provided for in this Agreement or make any assignment of this Agreement (including rights to payments) without the prior written consent of the County. 8. Relationship of the Parties. The School is an independent contractor of the County. Neither the School nor any employee of the School shall be deemed to be an officer, employee or agent of the Department or Orange County Government. School's personnel shall not be employees of, or have any contractual relationship with the County. 9. Termination. Either party may terminate this Agreement with or without cause upon 90 days written notice. a. Either Party may terminate this Agreement based upon a material breach of this Agreement; provided, the party breaching the Agreement has not taken all reasonable actions to remedy the breach. The party terminating the Agreement shall provide seven (7) days' prior written notice of its intent to terminate this Agreement for cause.