Agenda - 11-17-2009 - 4e - Laserfiche WebLink

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DRAFT " NORTH CAROLINA PERFORMANCE AGREEMENT ~ ORANGE COUNTY THIS AGREEMENT, made and entered into by and between the TOWN OF CHAPEL HILL, a North Carolina. Municipal Corporation, 405 Martin Luther King Jr. Boulevazd, Chapel Hill, North Cazolina, hereinafter referred to as "Town" and the Orange County Department on Aging (Senior Center Services)., Post Office Box 8181, Hillsborough, North Cazolina 27278, hereinafter referred to as "Senior Center Services." WITNESSETH That for and inconsideration of the mutual promises and conditions set forth below, the Town and SENIOR CENTER SERVICES agree: WHEREAS, SENIOR CENTER SERVICES provides recreation programs for senior citizens in the Town of Chapel Hill; and WHEREAS, SENIOR CENTER SERVICES, through this program, provides programs, events, social interaction activities, and support services to elderly residents of the Town of Chapel Hill; and WHEREAS, it is in the interest of the Town that said program be assisted by the Town and thereby be available to the residents of the Town, and said program addresses an important community human services need, as identified by the Town's Human Services Advisory Board; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth, the Town and SENIOR CENTER SERVICES agree as follows: TOWN SUPPORT: SENIOR CENTER SERVICES agrees to provide the services described in the Work Statement of this Agreement. By resolution 2009-06-22/R-7 the Town Council appropriated the sum of Thirty-six Thousand Eight Hundred Dollars ($36,800) to SENIOR CENTER SERVICES for fiscal year 2009-2010. The Town does not obligate itself to provide any other support to SENIOR CENTER SERVICES this fiscal yeaz or in succeeding years. SENIOR CENTER SERVICES agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town. Non-Discrm;nation: The Contractor shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. PAYMENT AND DOCUMENTATION: The appropriation shall be paid to SENIOR CENTER SERVICES in semi-annual installments at the end of eachhalf-yeaz period in which services were provided, pursuant to the Work Statement attached hereto. Each semi-annual installment will be for Eighteen Thousand Four Hundred Dollars ($18,400). The Town's obligation to make each payment is contingent upon receiving satisfactory documentation and accounting of expenditures as detailed in the attached Work Statement. FINANCIAL RECORDS: SENIOR CENTER SERVICES agrees to fiunish the Town with semi-annual financial statements as detailed in the attached Work Statement. In addition, SENIOR CENTER SERVICES agrees to allow the Town to inspect its financial books and records upon reasonable notice during normal working hours.