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 maintain full, final, and plenary authority to grant, deny, or restrict any provider agency, its agents or employees' access to school premises and school-sponsored events, including the authority to determine what services, if any, will be delivered, and by whom, to students on school premises or at school-sponsored events. Nothing in this MOA shall be construed to create any right of access to school facilities or school-sponsored events on the part of a provider agency, its agents, or employees, and the District expressly reserves the right to deny or restrict a provider agency, its agents, or employees access, on a temporary or permanent basis, to any school facility or school-sponsored event, or to any individual student on school property or at a school-sponsored event, with or without cause, at any time, and without prior notice to the provider agency. The decision to deny access to any student, school facility, or school-sponsored event shall be final and not subject to appeal. The District shall not incur any liability to any provider agency for denying or restricting access to school premises or school-sponsored events, with or without cause, and in exchange for access to District premises the provider agency expressly waives the right to challenge any such a denial or restriction of access in any judicial or administrative action. I 4-516. Conduct on Site Applicable Chapel Hill Carrboro City Schools Board of Education Policies. Agency shall not in any way interfere with the operations of the designated schools, or the education of its students and responsibilities of its staff. Agency staff will operate within designated school buildings only and follow school rules, procedures, and regulations. Agency acknowledges that the Chapel Hill Carrboro City Schools Board of Education has adopted policies governing conduct on all property owned by the Board of Education and agrees to abide by any and all relevant board policies while on its property. Agency acknowledges that these policies are available online on the CHCCS website, at https://boardpolicyonline.com/bl/?b=chaphill . In particular, Agency acknowledges that it has received copies of or has access to (via the Chapel Hill Carrboro City Schools website) and will abide by all applicable Chapel Hill Carrboro City Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. The school principal or designee will provide Agency staff with a brief orientation of the campus site and any school-based rules or procedures that may impact the Agency's operations on the campus. X17. Assignment. The Agency shall not assign, subcontract or otherwise transfer any interest in this MOA without the prior written approval of CHCCS. X18. Amendments. This MOA may be amended only by written amendments duly executed by and between the CHCCS and the Agency. 18.19. North Carolina Law. North Carolina law will govern the interpretation and construction of the MOA. X9-20. Third Party Beneficiaries. Nothing in this MOA shall be interpreted to create in any other individual or entity the status of third party beneficiary. 20.21. Entire Agreement. This MOA and any other document(s) expressly incorporated by reference as a part of this MOA constitutes and expresses the entire 81Page CHCCS CO-LOCATED MENTAL HEALTH SERVICES Department of Exceptional Children's Program and System of Care 2017-2018 8/2017 134