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HomeMy WebLinkAbout2009-039 Aging - Town of Chapel Hill Senior Lunch Program~~ NORTH CAROLINA ORANGE COUNTY PERFORMANCE AGREEMENT THIS AGREEMENT, made and entered into by and between the TOWN OF CHAPEL HILL, a North Cazolina Municipal Corporation, 405 Martin Luther King 7r. Boulevard, Chapel Hill, North Cazolina, hereinafter referred to as "Town" and Orange County through the Department on Aging (Senior Lunch Program)., Post Office Box 8181, Hillsborough, North Cazolina 27278, hereinafter referred to as "Senior Lunch Program." WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and SENIOR LUNCH PROGRAM agree: ' WHEREAS, SENIOR LUNCH PROGRAM operates the lunch program for senior citizens in the Town of Chapel Hill; and WHEREAS, SENIOR LUNCH PROGRAM, through this program, provides meals, social interaction activities, educational 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, inconsideration of the above and the mutual covenants and conditions hereinafter set forth, the Town and SENIOR LUNCH PROGRAM agree as follows: TOWN SUPPORT: SENIOR LUNCH PROGRAM 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 Eighteen Thousand Nine Hundred Dollazs ($18,900) to SENIOR LUNCH PROGRAM for fiscal year 2009-2010. The Town does not obligate itself to provide any other support to SENIOR LUNCH PROGRAM this fiscal yeaz or in succeeding years. SENIOR LUNCH PROGRAM 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 aze caused by the negligence or misconduct of the Town. Non-Discrimination: 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 LUNCH PROGRAM insemi-annual installments at the end of each half-year period in which services were provided, pursuant to the Work Statement attached hereto. Each semi- annual installment will be for Nine Thousand Four Hundred Fifty Dollazs ($9,450). 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 LUNCH PROGRAM agrees to furnish the Town with semi-annual financial statements as detailed in the attached Work Statement. In addition, SENIOR LUNCH PROGRAM agrees to allow the Town to inspect its fmancial books and records upon reasonable notice during normal working hours. WORK STATEMENT: SENIOR LUNCH PROGRAM agrees to provide those services described in the Work Statement attached hereto and incorporated herein by reference, to residents of Chapel Hill and to maintain a high level of professionalism in the provision of these services. TERMINATION FOR CAUSE: In the event that SENIOR LUNCH PROGRAM shall cease to exist as an organization or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate all or substantially all of its assets, or shall significantly reduce its services or accessibility to Chapel Hill residents during the term of this Agreement; or in the event that SENIOR LUNCH PROGRAM shall fail to render a satisfactory accounting as provided herein, then and in that event the Town may terminate this Agreement and SENIOR LUNCH PROGRAM will return all payments already made to it by the Town for services which have not been provided or for which no satisfactory accounting has been rendered. This Contract is between the Town of Chapel Hill and Orange County Department on Aging Senior Lunch Program for a Performance Agreement. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. ORANGE COUNTY D ` ARTMENT ON AGING x---~;° =~~ SIG ATURE PRINTED NAME & TITLE ~~~ ~(J7~yi ~ ~ IJGC ~J~- ATTEST PRINTED NAME ~b ~l ~Ox-~s~ TOWN OF CHAPEL HILL '"~ \ _ ASSISTANT/DEPUTY/TOWN MA AGER ATTEST BY TOWN CLERK: TOWN CLERK Town Clerk attests date this the ~ day of ~ ~ Approved as to Form and Authorization /` u-.-~ TO ATTORNE ~Q~~O L _~ ~'.,~J ~ f ~~ ~ ~ This instrumeias~been pre-audited in the manner required by the Local Government Budget and Z3, FIN This instrument has been approved as to technical content. Jerry M. smo e, Department Director This inst ment has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Officer been approved as to legal form and sufficiency. Moore~Staff Attorney Attached to that certain PERFORMANCE AGREEMENT dated , 2009, between the Town of Chapel Hill and the Orange County Department on Aging Senior Lunch Program: WORK STATEMENT For the Orange County Department on Aging Senior Lunch Program., hereinafter referred to as "SENIOR LUNCH PROGRAM": I. SENIOR LUNCH PROGRAM agrees to provide nutritious lunches for older adults in Chapel Hill. II. It is mutually agreed upon by both parties that in the performance of this Agreement, SENIOR LUNCH PROGRAM will: Provide luncheon meals for older Chapel Hill adults especially those with the greatest nutritional need such as low income and minority seniors. III. Town funds xnay be utilized by SENIOR LUNCH PROGRAM for staff time and to purchase food for the nutrition program for seniors. IV. SENIOR LUNCH PROGRAM will provide the Town with semi-annual reports which should be directed to Karen Rose, Human Services Coordinator, including demographic information on Chapel Hill, Carrboro, and Orange County residents served. These reports will also include a budget breakdown showing expenditures of Town appropriations. The reports shall include the amount of expenditures during the reporting period and year-to-date amounts, the number of individuals receiving services during reporting period and year-to-date numbers. Semi-annual reports will be due on January 15, 2010 and July 15, 2010. V. The Town will reimburse SENIOR LUNCH PROGRAM for the above services upon receipt of a satisfactory semi-annual report.