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HomeMy WebLinkAboutAgenda - 02-01-2011 - 4gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 1, 2011 Action Agenda Item No. SUBJECT: Durham Technical Community College's Nature's Kitchen Culinary Program and Orange County Senior Centers DEPARTMENT: Aging and Asset Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Facility Use Agreement INFORMATION CONTACT: Janice Tyler, Interim Director, Dept. on Aging, 968-2071 Pam Jones, Director, Asset Management, 245-2652 John Roberts, County Attorney, 245-2318 PURPOSE: To approve a facility use agreement for Durham Technical Community College's Nature's Kitchen Culinary Program usage of the Orange County Senior Centers' kitchen facilities. BACKGROUND: Durham Technical Community College (DTCC) and the Orange County Department on Aging began meeting several months ago to develop a partnership around a potential culinary arts program. The Senior Centers were designed with commercial kitchen facilities with the expectation that in the future the daily lunch would be cooked on-site at these facilities. The future vision is for the Senior Centers to eventually serve as training facilities for the DTCC Culinary Arts program and for DTCC culinary students to prepare the daily lunch or assist with special food related events. The beginning of this partnership is to first offer the Nature's Kitchen Culinary Program. The program emphasizes nutritional and therapeutic cooking, mastery of kitchen skills, knowledge of sustainable kitchen practices and farm-to-table food production. The program includes 504 hours of traditional and hands-on instruction. The program will be using the DTCC Orange County Campus and the Orange County Senior Centers. The Senior Center kitchens would be used in the evenings when Senior Center programs are not utilizing them. The primary location would be the Central Orange Senior Center with occasional use of the Seymour Center. This lease is being executed independent of the terms of the proposed Facilities Use Policy. Orange County Environmental Health has given its approval of the program and use of the kitchens. 2 FINANCIAL IMPACT: No additional funding will be required as the Senior Centers are open on the requested evenings with funding provided by the Friends of the Central Orange Senior Center and the Friends of the Seymour Center. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Manager to sign the facility use agreement. 3 FACILITY USE AGREEMENT: CENTRAL ORANGE SENIOR CENTER and ROBERT AND PEARL SEYMOUR CENTER -CHAPEL HILL This facility use agreement (the "Agreement") for classroom space in the Central Orange Senior Center (hereinafter the "Senior Center") and the Robert and Pearl Seymour Center -Chapel Hill (hereinafter the "Seymour Center") is made and entered into this day of 2011, between Durham Technical Community College (hereinafter "Durham Tech") and Orange County (hereinafter the "County"). This Agreement shall extend from the date its execution through September 30, 2011, with the option for renewal according to the provisions of Section 12 of the Agreement. THAT WHEREAS the County owns certain property at 103 Meadowlands Drive, Hillsborough, North Carolina known as the. Central Orange Senior Center and at 2551 Homestead Road, Chapel Hill, North Carolina known as the Robert and Pearl Seymour Center -Chapel Hill, and operates said property for governmental services; and WHEREAS the Senior Center and the Seymour Center contains a commercial kitchen and meeting space; and WHEREAS the County's use of its kitchen space at the Senior Center and Seymour Center currently doesn't occupy Monday evenings; and WHEREAS Durham Tech desires to offer classes at the Senior Center and Seymour Center kitchens for the specific purpose of providing culinary arts training to Durham Tech students. NOW, THEREFORE, the parties hereby agree as follows: 1. Obligations of the County a) Allow Durham Tech instructors and students to use the Senior Center kitchen and at .least one meeting room during the hours of 4-9 p.m. [extended time is for set up and clean up] on weekdays as reflected in the course schedule attached as Exhibit A to this Agreement and save and except the first Monday of December annually. b) Provide heating, air conditioning, and furniture for use by Durham Tech students and instructors. c) Provide routine maintenance and janitorial services. The Facility Manager on duty shall be promptly notified in the event maintenance is required. d) Maintain Senior Center and Seymour Center foundation and structure in safe condition. e) Senior Center and Seymour Center staff will direct phone inquiries from students to Durham Tech for registration and information. f) Create and maintain a Durham Tech web site link on the Orange County Department on Aging Web Page. g) Maintain information rack space in the Senior Center and Seymour Center to display Durham Tech catalogs. 4 h) Appoint a liaison to communicate with Durham Tech for all matters related to this Agreement. i) General phone reception support throughout each class session. Telephone access to instructors to make and receive local calls that are. class related on a Senior Center and Seymour Center phones. 2..Obligations of Durham Tech a) The week before classes begin, provide a final class schedule and a list of instructors, including name and contact information, to the Senior Center and Seymour Center Directors. b) As soon as it is practicable notify Senior Center or Seymour Center of instructor absence from class for any reason. c) Provide a quarterly analysis report to Senior .Center and Seymour Center on enrollment and for Durham Tech class sessions. d) Enforce County policies, including but not limited to the no smoking policy, while using County facilities. e) Maintain worker's compensation insurance covering its personnel working on Senior Center and Seymour Center premises. f) Maintain general liability insurance coverage as outlined in Section 5 of this Agreement. g) Appoint a liaison to communicate with the County regarding all matters related to this Agreement. h) Maintain the Senior Center and Seymour Center facilities in a clean and orderly state. Durham Tech may rearrange furniture, but not appliances and fixtures as those words are commonly defined, of the Senior Center and Seymour Center Facility Managers, and must return moved fizrniture and equipment to its proper location at the end of each class. Any such rearranging of furniture is subject to section (i) below. i) At the conclusion of each class clean and restore the Senior Center and Seymour Center kitchen and meeting room to the same state and condition in which it existed prior to use by Durham Tech's culinary arts class. j) Reimburse County promptly for any damage caused to Senior Center or Seymour Center facilities, including but not limited to furniture, kitchen furnishings and/or utilities, computers and -other technology equipment, by Durham Tech students or staff. Durham Tech staff andlor instructors shall carefully inspect appliances, furniture, etc., before classes begin and supply the Facility Manager on duty with notice of anything damaged or defective. 3. Confidentiality Both parties agree that all student records shall remain the property of Durham Tech and shall be subject to the confidentiality and disclosure provisions of applicable federal and state statutes and regulations. Neither party shall release or forward to any person any student record, including, but not limited to, the student's identity or any "directory information" as defined in the party's own policies, without the written consent of the other parry. 4. Facility Use Guidelines 2 5 By this Agreement, the County authorizes the use of the Senior Center and Seymour Center kitchen and meeting room only to the extent permitted by this Agreement. The County does not incur any liability fo Durham Tech or any member of the public for permitting use of County property under this Agreement except that liability that arises from County's obligations as listed under Section 1 above, and/or from actions or omissions on the part of the County, and Durham Tech agrees to defend, indemnify, and hold harmless the County from and against any and all claims caused by Durham Tech's use of Senior Center and Seymour Center facilities to the extent possible under North Carolina Law. Durham Tech staff and students will abide by County policies while on County property. Smoking is prohibited; no visitor shall be permitted under any circumstances to use tobacco products in or on the grounds of any County property. The use of open flames, gambling and alcoholic beverages are also prohibited. Absolutely no weapons of any kind are allowed on the premises. 5. Insurance Requirements Durham Technical Community College shall provide evidence of general liability insurance to the County by way of a certificate prior to use of the Senior Center and Seymour Center. Orange County shall be named as additional insured to Durham Technical Community College's general liability endorsed policy. Durham Technical Community College shall- maintain .combined single limits not less than $1,000,000 per occurrence with aggregate limits not less than $2,000,040 per year. Durham Technical Community College shall provide notice to the County not less than 30 days prior to any cancellation or reduction of any liability coverage and annually provide the County with. an updated certificate of insurance on or before each policy renewal date. The certificate of liability insurance shall be addressed and sent to: Orange County Attention: Director of Risk Management Services 131 West Margaret Lane, Suite 301 Hillsborough, NC 27278 6. Academic Calendar Durham Tech classes at the Senior Center and the Seymour Center will follow the academic calendar set by Durham Tech, and Durham Tech shall have no access to the Senior Center or Seymour Center facilities on days that the County is closed. In case of inclement weather, Durham Tech classes at the Senior Center or Seymour Center will follow the County and Durham Tech inclement weather policies, and all delays and cancellations will be determined by County and/or Durham Tech: In the event of a conflict, County inclement weather policies shall control. Instructors, in coordination with Senior Center or Seymour Center and Durham Tech, will then be responsible for rescheduling missed classes due to inclement weather. 7. Access to County Facilities 3 Durham Tech shall provide a list of instructors and any other Durham Tech employees who will be assigned to the Senior Center and Seymour Center to the County within five days of the date of signing of this agreement or prior to the employee's first day of work at the Senior Center and Seymour Center site, whichever date is earlier. County reserves the right to prohibit any individual employee of Durham Tech from accessing or providing services on County property or at County events if County determines, in its sole discretion, that such employee poses a threat to the safety or well-being of County employees, guests, customers, or invitees. 8. Observation and Documentation Durham Tech's staff frequently observes programs. They may photograph, videotape, or audiotape Durham Tech classes/programs only for purposes of documenting, reviewing the quality of classes/programs, and gathering materials for Durham Tech catalogs, flyers, and other marketing/advertising/fundraising materials. Durham Tech staff may not observe, photograph, videotape or audiotape any County employees, guests, customers, or invitees. Any media coverage of Durham Tech classes on County property must receive prior authorization from the County manager or Senior Center/Seymour Center Director. Any media coverage or press release by or from County including photographs, video, audio, print, or other media of Durham Tech's culinary art classes, employees, or students while on County property must be provided to Durham Tech before release, and prior written authorization from Durham Tech must be obtained. 9. Evaluation Durham Tech, the Senior Center Director .and the Seymour Center Director agree to hold quarterly evaluation review meetings to assess the partnership. 1Q. Indemnification To the extent permitted under North Carolina law, .Durham Tech shall indemnify, defend and hold harmless, up to the insurance limits set out in Section 5 above and in no instance and for no reason to exceed such limits, County, its agents,' and employees, from and against all claims, actions, demands, costs, damages, losses and/or expenses of any kind whatsoever, in whole or in part, resulting from any acts of Durham Tech employees or students or from the omission or commission of any act, lawful or unlawful, caused by Durham Tech's use of the Senior Center and Seymour Center kitchens and meeting rooms pursuant to this Agreement, by Durham Tech, its agents, employees, or students including but not limited to court costs and attorney's fees incurred by County in connection with the defense of said matters. To the extent permitted under North Carolina law, County shall indemnify, defend and hold harmless, up to the limits of County's general liability insurance and in no instance and for no reason to exceed such limits, Durham Tech, its agents, and employees, from and against all claims, actions, demands, costs, damages, losses and/or expenses of any kind whatsoever, in whole or in part, resulting from any acts or omissions of County's employees or agents or arising from County's obligations as provided in Section 1 (one) of this Agreement. This 4 7 indemnification shall include, but is not limited to, court costs and attorney's fees incurred by Durham Tech in connection with the defense of said matters. 11. Rental Rate and Administrative Fees There shall be no rental and/or administrative fees and charges for the term of this Agreement. Rental and/or administrative fees and charges may be assessed only through an amendment to this Agreement signed by both parties. 12. Termination and Renewal Both Durham Tech and County agree to hold an annual program review to assess the direction of the partnership and the programming. This Agreement may be renewed from year to year only by joint written agreement of both parties. This Agreement can be terminated by either party in writing upon-thirty days' written notice to the other party. At any time, County may terminate this Agreement immediately and without prior notice if County determines in its sole discretion that the health, safety, or well-being of County employees, guests, customers, or invitees or the operations of its regular Senior Center programs are jeopardized by the operation of Durham Tech programs at the Senior Center. 13. Agreement Modifications. This Agreement may be amended only by written amendments duly. executed by and between both parties. 14. North Carolina Law. North Carolina law will govern the interpretation and construction of this Agreement. 15. Entire Agreement. This Agreement constitutes and expresses the entire agreement and understanding between the parties concerning the subject matter of this Agreement. This document and any other document incorporated in this Agreement by reference supersede all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the subject matter of this Agreement. 16. Severability. If any provision of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 5 8 Signers for Durham Tech d the County certify that they are authorized to enter this agreement. Durh Technical Community College Printed ~~~ ,.,c ~ ~pn.Y~ ~ u~ ~ ~'U(,~!'~,~lr %'N Date Orange County Printed Name Date Approved as to technical content: ent Directo Approved as to legal conten~ Office of the County Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control act: Finance Director 6 FEBRUARY 2011 1 2 Groundhog Day 3 t~ rJ 6', 7 Program Launch 4:30-8:30 COSR 8 4:30-8:30 Seymour 9 4:30-8:30 OCC 10 4:30-8:30 OCC 11 12 Lincoln's B-Day 13 14 valentines Day 4:30-8:30 COSR 15 4:30-8:30 Se mour 16 4:30-8:30 OCC 17 4:30-8:30 OCC 18 19 20 ' 21 President's Day 4:30-8:30 COSR 22 4:30-8:30 OCC 23 4:30-8:30 OCC 24 4:30-8:30 COSR 25 26 27 28 4:30-8:30 COSR January 201 1 March 2011 NOteS: S~M T W Th F Sa' S M T W_ Th ~~_Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 $ 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 www.vertex42.com ©2009 Vertex42 LLC MARCH 2011 •s • •. •• 1 4:30-8:30 OCC -• •• 2 4:30-8:30 OCC •• 3 4;30-8:30 COSR •• 4 • .• 5 6 ` 7 4;30-8:30 COSR 8 4:30-8:30 Se mour 9 4:30-8:30 OCC 10 4:30-8:30 OCC 11 12 13 'DaylighY,Savings' ; 14 4;30-8:30 COSR 1.5 4:30-8:30 Se mour 16 4:30-8:30 OCC 17 st: Patrick's Day 4:30-8:30 OCC 18 19 20 vernal equinox ' 21 4;30-8:30 COSR. ~ 22 4:30-8:30 OCC 23 4:30-8:30 OCC 24 4:30-8:30 COSR 25 26 27 28 4;30-8:30 COSR 29 4:30-8:30 OCC 30 4:30-8:30 OCC 31 4:30-8:30 COSR February 201 1 A~ril 2011 NOt@S: S M T' W Th F Sa _ S M T W Th F' Sa' 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 24 25 26 27 28 29 30 www.vertex42.com ©2009 Vertex42 LLC O •• • •. s. -• - .. •• •• • •~ 1 April Fool's Day 2 3 4 5 6 7 8 9 4:30-8:3000SR 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:3000SR 10 11 12 13 14 15 Taxes Due 16 4:30-8:3000SR 4z;30-8z;30 Se maur 4:30-8:30 OCC 4:30-8:30 OCC 17 18 19 Passover 20 21 22 Earth Day 23 Good Friday 4:30-8:3000SR 4z;30-8z;30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 24 Easter 25 ~ 26 2] Admin Assist Day 28 29 30 HOLIDAY 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:3000SR March 2011 M_~aY_2031 NOt@S: 5 M T W' Th F Sa S M "' T _W Th <F Sa 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 li 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 www.vettex42.com ©2009 Vertex42 LLC 1 2 3 4 5 6 ~ 4:30-8:30 COSR 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30 COSR 8 'Mother's day q 10 11 12 13 14 4:30-8:30 COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 15 16 17 18 19 20 21 4:30-8:30 COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 22' 23 24 25 26 27 28 4:30-8:30 COSR 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30 COSR 29 30 Memorial Day 31 HOLIDAY HOLIDAY April 2011 Tune 2011 Notes: S M T W. Th F Sa S MST W Th _F' Sa 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 l1 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 www.verEex42.com ©2009 Vertex42 LLC N JUNE 2011 1 2 3 4 ~ HOLIDAY HOLIDAY 5 6 7 8 9 10 11 4:30-8:30 COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 12 '`` 13 14 Flag Day 15 16 17. 18 4:30-8:30 COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 1 q Father's; Day 20 21 June Solstice 22 23 24 25 4:30-8:30 COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 COSR 26:' ' 27 28 ~ 29 30 4:30-8:30 COSR 4:30-8:30OCC 4:30-8:30 OCC 4:30-8:30 COSR ___~__ May. 2011 7u~ 2011 Notes: S M` T' W Th F Sa 5 M T W -Th _,F _S`a 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 www.vertex42.com ©2009 Vertex42 LLC W • • R • i ~ • • " • ~ • • • • • • • ~ • 1 2' 3 4 Independence Day 5 6 7 8 9 HOLIDAY 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30-COSR 10: 11 12 13 14 15 16' 4:30-8:30-COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 17 18 19 20 21 22 23. 4:30-8:30-COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 24 Parents'...Day ; 25 26 27 28 29 30 4:30-8:30-COSR 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30-COSR ]une 2oii au ~~,, Notes: 31 ___W __._ --_--.__---~- _ gist zoi_ S M T W Th F Sa S M ~T -N/ 7h F Sa. 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 it 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 31 www vertex42 com ©2009 Vertex42 LLC .p AUGUST 2011 ~ i ! • t • • ~ • ~ • • • ! • • • • 1 Ramadan begins 2 3 4 5 6 4:30-8:30 COSR 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30 COSR 7 8 9 10 11 12 13 End Session II HRD 4:30-8:30 COSR 4:30-8:30 Se mour 4:30-8:30 OCC 4:30-8:30 OCC 14' 15 16 17 18 19 Aviation Day 20 HRD HRD HRD HRD 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30 OCC 4:30-8:30 OCC 21 , 22 23 24 25 26 27 Begin Externship Work Experience Work Experience Work Experience OCC Training 28 29 30 31 Externship Externship Externship ]uly 20,11 _ _ ° Se ~ember 2011 Notes: S M T W Th `F Sa S M T W Th F Sa. . __._ 1 2 1 2 3 3 4 5 6 7 8 9 4 5 6 7 8 9 SO 10 li 12 13 14 15 16 11 12 13 14 15 16 17 17 18 19 20 21 22 23 18 19 20 21 22 23 24 24 25 26 27 28 29 30 25 26 27 28 29 30 31 www.vertex42.com ©2009 Vertex42 lLC SEPTEMBER 2011 • • • • i • f " ! ~ • • ~ • r ~ • • • 1 2 3 Externship Externship 4 5 Labor DaY 6 7 8 9 10 Externship Externship Externship Extemship Externship 11 Patriot Ray ' 12 13 14 15 16 17 Grandparents Day Externship ~ Externship Externship Externship Externship 18 19 20 21 22 23 Autumnal equinox 24 Externship Externship Externship Externship Externship 25 26 27 28 29 Rosh Hashanah 30 Externship Externship Externship Externship Package Due Graduation August 2011 October 2011 NOteS: _ S M: T W Th 'F Sa S M 'T W Th F Sa 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 26 27 28 29 30 31 www.vertex42.com ©2009 Vertex42 LLC