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HomeMy WebLinkAbout2004 S Finance - Orange County and Duke Community HospiceNorth Carolina Performance Agreement (/p Orange County This Agreement, made by and between the County of Orange, 208 South Cameron Street, Hillsborough, North Carolina, hereinafter referred to as "County," and Duke Community Hospice, 4321 Medical Park Drive, Suite 101, Durham, North Carolina, 27704, hereinafter referred to as "Hospice. " 1. WITNESSETH: WHEREAS, Hospice provides bereavement support and services to hospice families and community persons who have lost a loved one; and WHEREAS, Hospice provides hospice care to people who need it regardless of their ability to pay; and WHEREAS, it is in the interests of the County that the acquisition of an emergency . generator be assisted by the County so as to enhance disaster preparedness, and said acquisition addresses through its availability a particular human services need of the frail or ill elderly in the event of a public emergency in the County, as identified by the County Board of Commissioners; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and Hospice agree as follows: 2. County Support The County agrees to appropriate as described in Section one (1) above, the sum of Ten Thousand Dollars ($10,000) to the Hospice towards the acquisition of an emergency generator in fiscal .year 2003-04. -This appropriation is based upon Hospice, in the event of an. area-wide emergency, after first responding to the needs of their terminally ill patients and their families in the community, responding on a needs basis to other Orange County citizens, especially frail or elderly clients identified by the County through its human services departments. The County does not obligate itself to provide any other support to the Hospice this fiscal year or in succeeding years. To the extent authorized by law, the recipient will hold the County harmless against any claim or action for damages, injury, or death relating to use of these funds or acts of its employees or agents.. 3. Payment and Documentation The appropriation shall be paid to the Hospice in a lump sum amount of $10,000. 4. Annual Report Hospice will provide the County Manager with an annual year-end report, as prescribed. by the County Budget Officer which demonstrates how this .acquisition contributed to measurable performance outcomes. This report will also include a budget breakdown showing expenditures of County appropriations. This report will be due on July 31, 2004. In addition, Hospice agrees to allow the County to inspect its. financial books and records, which document costs of services or activities, upon reasonahle notice during. normal working hours. 5. Ternunation In the event that the Hospice shall cease to exist as an organization or shall enter bankruptcy proceedings, or be declazed insolvent, or liquidate all or substantially all of its assets, or shall significantly reduce its services or accessibility to Orange County residents during the term of this Agreement, or in the event that the Hospice shall fail to render a satisfactory accounting as provided herein, then and in that event the County may terminate this Agreement and the Hospice will return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered. Notwithstanding the foregoing, either parry may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the. other pazty at least 30 days prior to termination. In the event of such termination, any payment due shall be 'pro rated to the date of termination. 6. Fund Balance Should the Hospice end the 2003-04 fiscal year with the County's contribution unexpended those funds may be retained for the subsequent year for the purposes which they were originally appropriated by the County and in such event this Agreement shall be deemed a continuing and binding Agreement, as herein amended, by and through the completion of the program in such subsequent fiscal year and the Hospice shall, by retaining such funds, be obligated to conduct and complete such program in the subsequent fiscal yeaz. However, if the Hospice determines that it shall not operate the program or one similar and acceptable to the County during the subsequent year, the Hospice shall so notify the County in writing by May 30, 2005 and the Hospice shall refund to the County the County's contribution in full. 7. Non-Discrimination Policy Hospice agrees as part of consideration of the granting of funds by Orange County the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status or .veterans status with reference to any activities carried out by the grantee, no matter .how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended. This provision is enforced by action for specific performance, injunctive relief, or other remedy as by law provided; t/ this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. IN WITNESS WHEREOF, the parties hereunto cause this Agreement to be executed in their respective names. This the ~.p~ of(~,,,,~2004 p~/~iC~/~-I!~---~ Clerk to the Board of Commissioners Hospice By: Executive Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. /~ Finance Director Orange County Attachment 3 Status of Human Services Social Safety Net FY 2003-2004 Comments $130,000 Approved FY 03-04 allocation $219,116 FY 02-03 Carry Forward Subfofa/ $349,116 To IFC for Project Homestart Challenge Grant ($10,000) (9/15/03) To EI Centro Latino (10/1/03) for One Race Many. ($5,000) Cultures Breastfeeding program funding for two months ($27,000) (12/9/03) ($890) To Hillcrest, County match for JCPC {Feb BUA) ($35,000) Breastfeeding program funding through June 2004 ($8,414) Friend-To-Friend program funding for FY 2003-04 Senior Employment Program position funding ($2,600) through June 2004 ($10,000) Duke Community Hospice generator ($12,000) Orange-Chatham alternative Sentencing (4/13/04) Remaining Balance $238.,212