HomeMy WebLinkAbout2003 S Aging - Continuation Agreement with the Town of Chapel Hill for Senior Recreation Services
NORTH CAROLINA
ORANGE COUNTY
PERFORMANCE
AGREEMENT
This Agreement made and entered into by and between the Town of Chapel Hill, c/o
Chapel Hill Parks & Recreation Department, 200 Plant Road, Chapel Hill NC 27514,
hereinafter referred to as "Town" and Orange County by and for its Department on
Aging, hereinafter referred to as "Department", P.O. Box 8181, Hillsborough, NC
27278.
WITNESSETH
WHEREAS, the Department offers services for senior citizens of Chapel Hill and
Orange County; and
WHEREAS, the services offered by the Department will enrich the Chapel Hill
community and is an eligible expenditure of Town revenues;
NOW THEREFORE, in consideration of the above and the mutual covenants and
conditions hereinafter set forth, the Town and the Department agree as follows:
1. Town Support
The Town will provide the Department $46,697 during the Town's fiscal year 2003-
2004. The Town does not obligate itself to provide any other support to the Department
this fiscal year, nor in any succeeding year.
2. Duties of the Department
The Department shall operate a comprehensive program targeted toward Chapel Hill
and Orange County residents aged 55 years and older. The Department shall provide an
end of year report stating what services were provided using Town funds. In addition
the report should state both the total number of persons served and the total number of
Chapel Hill citizens served.
3. Payments and Documentation
The appropriation shall be paid to the Department in one payment upon execution of this
agreement and submittal of an accurate invoice.
4. Financial Records and Reports
The Department agrees to allow the Town to inspect its financial books and records
upon reasonable notice, during normal working hours.
5. Termination for Cause
In the event that the Department 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, during the term of this Agreement, or
in the event that the Department shall fail to render a satisfactory accounting as
provided herein, then, and in that event, the Town may terminate this Agreement and
the Department, to the extent permitted by law, will return all payments already made to
it by the Town, for services which have not been provided, or of which no satisfactory.
accounting has been rendered.
6. Hold Harmless
To the extent permitted by law, the Department agrees to protect, defend, indemnify
and hold harmless the Town of Chapel Hill from all loss, liability, claims or expense
(including reasonable attorney's fees) arising from bodily injury, death or property
damage to any person or persons caused in whole or in part by the negligence or willful
misconduct of the Department, except to the extent same are caused by the negligence
or misconduct of the Town of Chapel Hill.
?. Non-Discrimination
In matters of employment, provision of services and contracting, the Department agrees
to act without regard to race, color, sex, religion, age, national origin, affectional
preference, or handicapped status.
8. Amendments
This Agreement may be amended by mutual agreement of the Deparhnent and the
Town.
9. Entire Agreement
This Agreement constitutes the entire Agreement of the parties hereto.
10. A~roQriation of Funds
This Agreement is subject to the appropriation of required funds by the Town Council for fiscal
years beginning after June 30, 2003.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
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IN WITNESS THEREOF, the parties hereunto cause this Agreement to be executed in
their respective names.
This the T day of , 20~.~
THE TOWN OF CHAPEL HILL ORANGE COUNTY by and for its
A Municipal Corporation DEPARTMENT ON AGING
THE TOWN OF CHAPEL HILL
A Municipal Corporation
own Manager -
ORAN~' ~'~,E COUNTY by and for its
DEP N~NT O~AGING
Attes .
Clerk ~'3"~j~
Seal
Approved
1 >1.1.V111V,'
c~
~~~~
This instrument has been preaudited in the manner required by the Local .Government
Budget and Fiscal Control Act:
1~:,~ Finance Director
Director of Par sand Recreation ~c ~h
A
'~~
Attest: ~- ~_..~f
Donna Baker, Clerk
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