HomeMy WebLinkAbout2011-032 Aging - Durham Tech Community College’s Nature’s Kitchen Culinary Program & Orange Senior CentersFACILITY 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 P11
2011, between Durham Technical Community College (hereinafter "Durham Tech ") and ange
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.
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 furniture 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 and/or 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 party.
4. Facility Use Guidelines
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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 to 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
$2,000,000 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
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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.
10. 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
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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.
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Signers for Durham Tech the County certify that they are authorized to enter this agreement.
Durh echnical Community College
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Orange County
/- /I 2011
Date
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Printed & Name Date
Approved as to technical content:
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Dtktment Directo
Approve egal content-
ice of the County Attorney
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control act:
cep, � 1
Finance Director
FEBRUARY 2011
MARCH 2011
APRIL 2011
MAY 2011
JUNE 2011
JULY 2011
AUGUST 2011
SEPTEMBER 2011