Agenda - 11-16-1993 - VIII-A (2)

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� 1 EXHIBIT A OPERATING MEMORANDUM COUNTY OF ORANGE, NORTH CAROLINA and ORANGE COUNTY COMMUNITY ACTIVITY CORPORATION Contract Year: December 1, 1993 to November 30, 1994 Section 1. Introduction. In the Facilities/Services Agreement dated December , 1993 (the "Agreement") between the County of Orange, North Carolina (the "County") and Orange County Community Activity Corporation(the "Corporation"), the County and the Corporation have provided for the acquisition, construction and equipping of a Community Activity Center (the "CAC") and the operation thereof for a period of ten (10) years. This Operating Memorandum establishes the further understandings of the County and the Corporation as to the CAC and its operation on completion of construction thereof. Section 2. Construction of the CAC. The Corporation is responsible for all aspects of the acquisition, construction and equipping of the CAC. The CAC shall be built in accordance with nationally recognized standards for similar facilities. The Corporation has entered into a construction contract with [Name] dated as of the date hereof; the County is satisfied with the selection of[Name] to perform in accordance with the terms of the construction contract. The County has reviewed the design and specifications for the CAC and the architect's rendering with respect to the CAC and is satisfied with the representations of the CAC in such documents. The County has the right to inspect all construction- related documents on reasonable request therefor and to enter the site of the CAC during the hours that it is open to construction personnel to inspect the construction of the CAC as it progresses Section 3. Operation of the CAC. In connection with the operation of the CAC, the Corporation will: (a) retain or employ maintenance personnel who are trained and qualified to operate and maintain equipment, chemicals and supplies; to perform scheduled maintenance and to complete all periodic inspections associated with facilities such as the CAC; (b) retain or employ an aquatics manager or pool operator (1) meeting all specifications and qualifications required by national, state and local regulatory bodies or organizations whose standards are recognized in the aquatic community; and (2) experienced in operations of an aquatic center of the size and scope of the CAC and (3) experienced in planning and implementing aquatics instructional classes, innovative aquatic programs and the schedule of activities proposed each year by the County Recreation and Parks Department; (c) make the facilities and programs of the CAC available to the public without r' discrimination among users and in compliance with all equal employment/affirmative action requirements imposed under national, state or local law;