Agenda - 09-28-2017 - Attachment A - Chapel Hill Carrboro City Schools

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Memorandum of Agreement: Chapel Hill Carrboro City Schools and MH agency District and shall contain an endorsement to provide the District at least 10 days' written notice of any intent to cancel or terminate by either Agency or the insuring company. Failure to furnish insurance certificates or maintain such insurance shall be a default under this MOA and shall be grounds for immediate termination of this MOA. 11. Indemnification. Agency shall indemnify and hold harmless the CHCCS and its agents and employees from and against all claims, actions, demands, costs, damages, losses, and/or expenses of any kind whatsoever proximately resulting from the omission or commission of any act, lawful or unlawful, by Agency or its agents and/or employees, including but not limited to court costs and attorney's fees, incurred in connection with the defense of said matters. The parties agree that this indemnification clause is an "evidence of indebtedness" for purpose of N. C. Gen. Stat. § 6-21.2. 12. Relationship of Parties. The relationship of the parties under this MOA shall be that of independent contractor. Agency agrees that its employees will not act as, nor represent themselves as acting as, an employee of anyone other than Agency. Nothing herein shall be construed as creating a partnership or joint venture between the CHCCS and the Agency; nor shall any employee of Agency be construed as an employee, agent, or principal of the CHCCS. I 13. Compliance with Applicable Laws. Agency shall comply with all applicable laws and regulations in carrying out all obligations under this MOA. In particular, Agency shall not employ any individuals to provide services to the District who are not authorized by federal law to work in the United States. Agency represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times during the term of this MOA. Agency certifies that as of the date of this MOA, Agency is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 143C-6A-4. The individual signing this MOA certifies that he or she is authorized by Vendor to make the foregoing statement. I -1-3714. Authority of Superintendent and School Principal. The parties recognize and agree that access to any CHCCS premises on the part of the Agency or any other person or entity shall be subject at all times to the approval of the Superintendent and Principal at their sole discretion. The parties further recognize that the Principal and Superintendent retain final authority over the Agency's access to student records maintained by CHCCS. 1 4-415. Compliance with Directives of School Officials. CHCCS shall remain at all times under the authority of the Chapel Hill Carrboro City Schools Board of Education, the Superintendent, and the individual school principals. Agency shall ensure that its employees are aware of any and all policies, rules, regulations, or directives of the Board of Education, the Superintendent or Superintendent's designee, and each school principal or principal's designee at all time while all on CHCCS premises or at CHCCS events. District shall 71Page CHCCS CO-LOCATED MENTAL HEALTH SERVICES Department of Exceptional Children's Program and System of Care 2017-2018 8/2017 133