Agenda - 12-13-2011 - 8f - Laserfiche WebLink

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23 solely accountable to the Orange County Manager and responsible for carrying out the Center's goals and objectives, the day-to-day management of the Center, and the overall operations of the Center. The Executive Director shall have the full authority and freedom to make all necessary operational decisions and take all necessary actions except those reserved to the Manager. Acting within this authority, the Executive Director shall not perform any act, or allow or cause to be performed any act, that is unlawful, insufficient to meet commonly accepted business and professional standards and the prudent person test, 'in violation of contractual standards or requirements set forth by funding sources or regulatory bodies, ~or contrary to explicit restraint's. The Boards of Commissioners of the Parties and the Steering Committee shall have the right to request information and comment on the performance of the Center's Executive Director. If such a request or comment is received the Orange County Manager shall~respond accordingly. 9, Reporting The Executive Director shall provide an annual report to the Boaxds of Commissioners of the Parties. The annual report shall set forth a complete operating and financial statement covering the opera#ion of the Center during such year, and shall be due on or before June 30a' of each year. The Executive Director shall provide a quarterly fmancial report to the county managers of each of the parties. The Executive Director shall also provide a monthly operational report to the Steering Committee. All requirements. under this section shall end upon the terrriination of this Agreement. 10. Termination ,Any party may withdraw from this Agreement at the end of any fiscal year upon not less than one (1) year's advance notice of withdrawal to the other Parties. Upon the withdrawal from this Agreement by any Parry, cost and funding responsibilities shall be re-distributed among the remaining Parties as follows: 40°/a to Orange County and 60% to be distributed equally among the Remaining Parties; provided however, that if Orange County or more than one (1) of the other Parties withdraws this Agreement shall terminate. If any Party attempts to withdraw without providing the required one (1) year's advance'notice, such Party shall remain liable for its share of the cost and funding responsibilities through the end of the next fiscal year. Upon a Party's withdrawal from this Agreement, the Center shall charge the residents of the withdrawing party an additional fee for use of the Center and facilities. The amount of additional fee shall be determined by the remaining Parties by mutual. agreement after consultation wi#h the Executive Director of the Center and the Steering Committee. 11. Grant )H~nds The Parties acknowledge that grant funding has been and may be awarded to Orange County for the development of the Piedmont Food and Agricultural Processing Center. Orange County administers said grants and shall continue. to do so for the benefit of the Center. Upon termination of this Agreement by any Party or upon its natural expiration, should such grant funds remain undistributed, Orange County shall continue to manage said grant funds for the benefit of the Center in accordance with the Grant and this Agreement. $afll