Orange County NC Website
Browse       Search
8 <br /> Mir <br /> /"319 (DRAFT <br /> Agreement subject to closures due to County-recognized holidays, <br /> casualty, inclement weather, condemnation, events of force majeure; <br /> closures caused by any act or omission by the County, its agents, <br /> employees, contractors, or subcontractors; or closures agreed upon by <br /> CGNA and the County in advance of the closure; <br /> iv. CGNA shall maintain the Center in a clean and safe condition free from <br /> hazard during CGNA's hours of operation identified in section 2(a)(ii) <br /> above; <br /> v. CGNA shall maintain records related to its operations of the Center and <br /> all such Center records shall remain the property of County and shall be <br /> subject to the disclosure provisions of applicable federal and state <br /> statutes and regulations and shall be furnished to the County upon <br /> reasonable request; <br /> vi. Any and all fixtures purchased by CGNA from Center operations funds for <br /> use or consumption at the Center are and shall remain property of the <br /> County. For purposes of this section the term fixtures includes any <br /> kitchen or other appliances. Personal property purchased by CGNA shall <br /> remain the property of CGNA. For purposes of this section, "Center <br /> operations funds" includes money acquired by CGNA through grants <br /> received by CGNA for purposes of operating the Center, but does not <br /> include money independently raised by CGNA through community <br /> fundraisers or money acquired by CGNA through private donation; <br /> vii. CGNA may charge fees for programs and services at or involving the <br /> Center. Any such fees when cumulatively calculated on an <br /> annual basis shall not exceed the cost of providing such programs <br /> and services, except nothing herein shall be construed to prevent CGNA <br /> from showing a surplus. Any such surplus shall be applied to operating <br /> costs of the Center.. <br /> viii. CGNA is responsible for any and all repairs that amount to less than <br /> two hundred dollars ($200) per repair or incident, subject to an annual <br /> cap of $1000, except in instances of CGNA's gross negligence or willful <br /> misconduct. Except to the extent covered by CGNA's insurance <br /> policies required by Section 4, County is responsible for any and all <br /> repairs that amount to two hundred dollars ($200) or more per repair or <br /> incident. <br /> ix. The County shall continue to contract for the provision of roll out <br /> carts and/or other individual containers for municipal solid waste and <br /> recycling. <br /> x. County shall provide appropriate screening for such roll out carts or <br /> other individual containers. <br /> xi. CGNA shall maintain such roll out carts or other individual <br /> containers in the appropriate screened location and shall at due times <br /> deliver the roll out carts or individual containers to the curb for <br /> collection and return them to their screened locations aftercollection. <br /> xii. CGNA shall incorporate standard municipal solid waste and recycling <br /> rules and procedures within its operations protocols. <br /> xiii. The County is responsible for the cost of water, sewer, electric, and <br /> natural gas utilities that results from the use and operation of the Center. <br /> xiv. CGNA shall maintain financial books, records, and reports related to <br /> its operation of the facility in accord with Generally Accepted <br /> 4 <br />