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HomeMy WebLinkAboutAgenda - 06-07-2016 - 8-a - Status Report on Orange County Community Centers 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 7, 2016 Action Agenda Item No. 8-a SUBJECT: Status Report on Orange County Community Centers DEPARTMENT: Environment, Agriculture, Parks & Recreation (DEAPR), Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: Community Center Report David Caldwell, 919-245-2510 Center Information David Stancil, 919-245-2510 Rogers Road Operating Agreement Jeff Thompson, 919-245-2550 PURPOSE: To report on the current activity/status and operational plans for the County's three community centers. BACKGROUND: At its annual retreat in January, the Board identified community centers as a top priority for the present and upcoming fiscal years. In June 2015 the Board also approved a new Community Center Coordinator position with the instruction to synchronize opportunities and activity at the two existing centers (Efland Cheeks and Rogers Road) and one under construction (Cedar Grove Community Center) with a plan using the Rogers Road Community Center as a model. With construction underway at Cedar Grove, David Caldwell was hired as the Community Center Coordinator and began work in late-January. Working with staff from DEAPR and AMS, Mr. Caldwell has been meeting regularly with resident groups in both the Efland Cheeks and Cedar Grove communities to plan for expanded and/or new center operations and to engage the public in organizing support boards for the centers, future center activities and program needs. Mr. Caldwell has also worked closely with staff to coordinate furnishings and equipment for the centers, while still maintaining an active role in the Rogers Road Community Center which opened in January 2015. Leveraging resources within and outside of County government, efforts have begun to create new and/or re-energized centers at Cedar Grove and Efland Cheeks along the Rogers Road model. At this time, there are emergent or existing non-profit associations at both locations as noted in the report. These associations have formed or are forming Boards of Directors, using the Rogers Eubanks Neighborhood Association as a template, and may offer an opportunity for operations agreements as early as this fall. 2 As noted in the attached report, as of June 1, all three community centers are operating on a regular schedule, with a base level of temporary staff support. The Rogers Road Community Center operates under its Operating Agreement with Orange County (a five-year agreement approved February 19, 2014). The Rogers Road Center is open Monday-Friday from 10:00 am to 3:00 pm with Center staff support, until 7:00 pm on weekdays using trained community volunteers, and on Saturdays for special events and programs. The Rogers Road Center is available for reservation through Orange County on Sundays. The Efland Cheeks and Cedar Grove Community Centers are open 10:00 am — 3:00 pm at present with the Community Center Coordinator and temporary part-time employees providing staffing. Using the community organizing efforts currently underway, the intention is to expand operational hours to the same as those at Rogers Road, once the nascent Cedar Grove Neighborhood Association (CGNA) and Efland Cheeks Neighborhood Association (ECNA — actual name to be determined) gain or renew formal non-profit "corporation" status from the State of North Carolina and secure necessary insurance. (Both organizations are also pursuing or renewing federal 501c3 non-profit status as shown in the attached report). At that time, trained volunteers will be able to operate the centers for extended hours. This model of initial operating is consistent with the Rogers Road Center approach. Staff support is provided from 10:00 am — 3:00 pm, with the community encouraged to organize and enter into an operating agreement with the County, at which time trained volunteers (under the oversight of the neighborhood association) can work at the center and extend the operating hours later in the day and on weekends to the degree desired by the neighborhood association and the County. The attached report outlines the efforts that are underway to form neighborhood associations, and to identify community-based needs and programs. The report contains a table of projected actions that could lead to operational agreements for the new centers as early as this fall. FINANCIAL IMPACT: Funding for base level staff support, operating and some capital costs at all three centers is included in the Manager's Recommended FY 2016-17 Budget. This base level staff support began on June 1 using existing funds appropriated in the FY 2015-16 budget. The capital construction project at Cedar Grove Community Center was completed in May, and there are funds for capital improvements at Efland Cheeks Community Center in the Manager's Recommended FY 2016-21 Capital Investment Plan. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. Centers help provide shelter and care. • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. 3 Centers offer a safe location for families and children to engage with each other, learn and work together on community topics. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. Centers provide a location for community meetings, community events and other activities that promote civic participation) RECOMMENDATION(S): The Manager recommends that the Board receive the report, and provide direction and feedback as desired. 4 Status Report on Orange County Community Centers June 7, 2016 Summary Using the Rogers Road Community Center as a model, per Board direction, staff has been working to open the new Cedar Grove Community Center and establish regular hours of operation at the Efland Cheeks Community Center. Groups of community residents in both areas are actively working to form a Cedar Grove Neighborhood Association and an Efland-Cheeks Neighborhood Association using the Rogers-Eubanks Neighborhood Association (RENA) model. These groups would have boards of directors and provide volunteer support to enable the centers to be open for longer hours. Orange County, as of June 1, has begun funding 25 hours per week of temporary staffing at Cedar Grove and Efland Cheeks, with base operating hours of 10 am — 3 pm (identical to Rogers Road base hours). Once the two neighborhood associations have been formed as corporations under state law, and insurance and other necessary provisions are made, Orange County may develop an operating agreement with both for extended hours and center operations, again using the Rogers Road/RENA agreement as a template. These operating agreements could be finalized and operations transferred in the summer/fall of 2016. Ultimately, the two groups expect to be granted 501c3 status. In the meantime, all three centers are open as of June 1 with 25 hours per week of funded temporary staff—which will continue into FY 2016-17 as per the Manager's recommended FY 2016-17 Budget. This document outlines the checklist of activities and facilities at each center, and describes the similarities and differences between the center operations. The Cedar Grove Community Center will have its grand opening on Saturday, June 18. A celebration event of the increase operating hours at Efland Cheeks Community Center will be planned for later this summer. Basic Level of Operations — at All Centers All Centers will operate under the presumption of providing a sense of responsibility and ownership of their Community and its facility. Each center is diverse an different, and as such will need to take different approaches at times. However, each center's activities and programs will work toward the same outcome. The County's community centers will strive to generate and enhance pride and 5 independence for community residents, and engage them in providing what services, activities and programs they feel are needed, as opposed to what they are told they need. All staff and permanent volunteers will go through a training protocol to include Orange County policy and procedures, as well as building operation specifics to the center in question, to include handling emergency issues to basic kitchen safety rules and basic first aid. As noted above, each center will be operated by staff from 10:00 am until 3:00 pm on weekdays. Additional hours of operation and center activities will be handles by trained regular volunteers, once a contract for operations with the neighborhood association is completed and executed. All centers will be planning fundraisers and community functions to promote community engagement and support the centers. The following `checklist' provides an overview of the steps needed for neighborhood associations to contract with the County for center operations: 2 6 Community Center Neighborhood Association Milestones Needed Action Rogers Eubanks Cedar Grove Efland-Cheeks Neighborhood Association Neighborhood Association Neighborhood Association Charter and Bylaws October 2007 Anticipated — June 2016 Anticipated — June 2016 Created Incorporated in North October 2007 Anticipated — June 2016 Anticipated — June 2016 Carolina Governing Board (Board October 2007 Yes (May, 2016) Anticipated — June 2016 of Directors) Appointed Needed Insurance Prior to February 2014 Anticipated - July, 2016 Anticipated — August 2016 Certifications Acquired Operating Agreement with February 18, 2014 (full Anticipated — September Anticipated — October 2016 Orange County Executed operations January 2015) 2016 501(c)3 Designation by October 2007 Application anticipated to be Existing status for United IRS filed August 2016, approval Voices of Efland Cheeks in early 2017 needs to be renewed. Application anticipated to be filed in September 2016, approval in early 2017 Opening of Center November, 2014 June 18, 2016 1992 (re-dedication summer 2016) Hours of Operation 10:00 am — 7:00 pm M-F 10:00 am — 3:00 pm' M-F 10:00 am — 3:00 pmt M-F 1 Pending trained volunteers to leverage longer hours of operation, via contract with neighborhood association. 2 See 1 above. 3 7 The Cedar Grove Community Center - Status The Cedar Grove Community Center is open informally for community usage as of June 1, 2016. Currently, the Center is open from 10:00 am — 3:00 pm Monday- Friday, with the expectation of expanded hours in the near future. A Cedar Grove Neighborhood Association (CGNA) has been formed to support and eventually operate the Center, and includes the following goals: • Academic Development • Physical Development • Safety & Wellness • Citizenship/Stewardship • Social, Cultural & Diversity • Summer Enrichment Camp3 CGNA has created a Board of Directors and elected officers: Cedar Grove Neighborhood Association Board of Directors: Dr. Sue Florence, President Anita Thompson, Vice-President Sheila Vanhook McDonald, Secretary Edmund Tiryakian, Treasurer Richal Vanhook Vivian Latta Betty McDade Khan Nancy Graves Tammy Brasher • The Board of Directors is working toward adopting a charter and bylaws, and becoming incorporated within the State of North Carolina. • Discussions have been held about Center facilities, activities and desired programs. Several organizations and County departments have responded to potential programs and clinics at the Center. • Please see attached summary page about the layout, design, facilities and equipment within the Center. The Efland Cheeks Community Center - Status The Efland Cheeks Community Center is open informally for community usage as of June 1, 2016. Currently, the Center is open from 10:00 am — 3:00 pm Monday- Friday, with the expectation of expanded hours in the near future. There are existing reservations of the facility for certain Saturdays and Sundays through August, 2016, and there are two Recreation classes that are currently scheduled in the facility (tae kwan do and square dancing) on Monday and Tuesday evenings. 4 8 The group United Voices of Efland Cheeks, working with The Collaborative (representatives from five churches in the Efland Cheeks community) is an existing 501c3 that is reorganizing (and renewing their status) to create an Efland Cheeks Neighborhood Association (the name of which is unknown — it may continue to be United Voices of Efland Cheeks). The group is working to select a Board of Directors and elect officers. The Efland Cheeks group is looking particularly for the following needs and activities at their Center: • Senior programs • Youth programs • Computer classes for youth and seniors • Physical fitness classes • Community policing, and • Summer Enrichment Program for community youth.3 There has also been an effort organized by United Voices of Efland Cheeks on creating a "comfort station" capability for the center, which would allow community residents in the event of extreme heat or cold (or power outage) to charge electronic devices and come to the center to cool off or warm up depending on the need. This would not be a full service shelter with overnight capabilities. A community residents information guide for emergencies and inclement weather has been prepared, working with staff from Emergency Services and other departments. The Rogers Road Community Center - Status The Rogers Road Community Center is open since 2014 for community usage and center events. The Center is operated under an agreement with the Rogers Eubanks Neighborhood Association (RENA). Currently, the Center is open from 10:00 am — 3:00 pm Monday-Friday, with additional hours leveraged from trained volunteers. RENA also operates the Center on Saturdays (hours vary), and the center is available for rental on Sundays through Orange County. A Rogers Road Summer Enrichment Camp will be offered from June 27 — July 29 (60 children are expected to be enrolled), and the annual Back to School Bash will be August 13 (goal of having 500 backpacks). In September, fall tutoring will begin after the opening of school. The Center also offers other daily activities and informal play opportunities. 3 Efland Cheeks and Cedar Grove centers will not have enough time to organize a Summer Enrichment Camp, but both will be able to provide a safe place for community youth to "hang out'during the summer. 5 9 Final Comments / Conclusion In conclusion, all of the current and emergent community groups are excited about the potential for center activities, and are aware of the importance of providing a location for community engagement and activity...and the sacrifice needed by community groups and the community at large to create what is a historical event for these communities. 6 10 Cedar Grove Community Center 5800 Highway 86 North INS Cedar Grove NC 27278 Ownership: Orange County Year Built: 1951 � Year Acquired: 1977 Year Renovated: 2016 Gross Square Footage Estimate: -Community Center: 14,000 -Expandable Storage Areas: 16,000 Facility Overview: The original use as a school facility built in 1951, with a dining hall and kitchen added in 1957. Orange County acquired the property in 1977. The facility sup- ported human services delivery, library services, and aging services through 2009. The adjacent Cedar Grove Park was constructed and open in 2009. In 2013, the Northern Human Services Center Community Center Resident Advi- sory Group, consisting of community volunteers, was charged by the Orange County Board of County Commissioners to work with staff consulting architects to provide recommendations on renovation and re-use of the former center that would best serve the residents of Orange County. The Community Center renovations were completed in the Spring of 2016 and include flexible multi-purpose space, wireless Internet access, an advance library services delivery kiosk, and public transportation access. _ 11 Efland-Cheeks Opt } w: Community Center ,t-' j. INN 117 Richmond Road Mebane, NC 27302 - Ownership: Orange County (built upon property leased from Orange County Schools Year Built: 1992 Gross Square Footage Estimate: 2,750 Facility Overview: The Efland-Cheeks Community Center was constructed and opened in 1992, before much of the park was completed. The Center was housed a senior nutrition and activity site, community based grant offices, as well as recrea- tion programs and events for many years. Once the Passmore Center was opened in Hillsborough, senior nutrition and other programming was cen- tralized at this location. In 2013, renovations and reorganization occurred, providing the opportunity for revitalization of the center. Beginning in the fall of 2013, drop in use was scheduled at no cost for Orange County residents throughout the week. Computers with in- - ternet access are available, as well as games and activi- - Li& ties for children, adults and seniors. 1111W ' "I I � r o- 12 Rogers Road Community Center b; 101 Edgar Street Chapel Hill, NC 27510 • 11( Ownership: Orange County (built upon prop erty leased from Habitat for Humanity) Year Built: 2014 'r- Gross Square Footage Estimate: 4,000 Facility Overview: In 2012, a multi-jurisdictional task force was formed and asked to in- vestigate a contractual agreement with Habitat for Humanity to con- struct a community center that would serve the residents of the Rog- ers and Eubanks Road neighborhoods. In 2013, Orange County reached an agreement with Habitat for Humanity for the center's ground lease and completed construction in the fall of 2014. Under a separate agreement with Orange County, the center is operated by the Rogers- Eubanks Neighborhood Association (RENA). The center includes class- ` rooms, multi-purpose rooms, a food bank, kitchen facilities, office, and El storage spaces. eiri.pc 0 0 • l - J 13 Final Draft OPERATIONS AGREEMENT: ROGERS ROAD COMMUNITY CENTER This Operations Agreement(the"Agreement")for the operation of the community and recreation center at (hereinafter the "Center") is made and entered into this day of , 2013, between Rogers Eubanks Neighborhood Association, Incorporated, a North Carolina Nonprofit Corporation (hereinafter "RENA") and Orange County (hereinafter the "County") referred to jointly hereafter as "Parties". The Parties hereby agree as follows: 1. Term The term of this Agreement shall be from the day and date first recorded above and shall continue for a period of five (5)years. The Agreement may be renewed as provided herein. 2. Use and Operations a) RENA shall: i. Provide a full schedule and updates, as they become available, of all activities and programs at the Center. ii. Operate and staff the Center Monday through Friday 10:00 a.m. to 7:00 p.m. and Saturday from 10:00 a.m. to 6:00 p.m. iii. Notify County in advance of any anticipated closure, delayed opening, or early closing of the Center that is contrary to the hours set forth in section 2(a)(ii) above, and pursuant to section 2(c)(iii) below. For purposes of this section, RENA's duty to notify is fulfilled where the information has been posted on an internet calendar of events or an email listsery for which the County has access, or has been included in the schedule and updates provided for in section(2)(a)(i) above. iv. Provide to the County a quarterly analysis report on Center enrollment, trends, and timing for RENA classes, programs, and activity sessions. v. Maintain worker's compensation insurance covering its Employees working at the Center. vi. Maintain general liability insurance coverage as outlined in Section 4 of this Agreement. vii. Appoint a liaison to communicate with the County regarding all matters related to this Agreement. viii. Maintain the Center facilities in a clean and orderly state. RENA may arrange furniture as may be needed to provide for the orderly operation of the Center. ix. At the conclusion of RENA's hours of operation each day pursuant to section 2(a)(ii) above, clean and restore the Center kitchen, bathrooms, and activity rooms to the same state and condition in which they existed prior to use by RENA's volunteers and employees or the public. x. Reimburse County promptly for any damage caused to County property, pursuant to sections (c)(vi) and (c)(viii) below, by RENA Employees, volunteers, customers, guests, or invitees. xi. Comply with all applicable federal, state, and local laws, ordinances, rules, or regulations. xii. May, upon receiving appropriate permitting, serve meals as part of designated programs. xiii. May, upon receiving appropriate permitting and authorization as required by law and written authorization from the County Manager, serve alcohol as part of approved events. 14 xiv. Secure the food pantry, RENA office, and library during hours RENA is not operating the Center. b) The County shall: i. Appoint a liaison to communicate with RENA regarding all matters related to this Agreement. ii. Administer all requests to rent space in the Center outside of the hours indicated in section 2(a)(ii) above, pursuant to section 9 below. c) RENA and the County hereby covenant and agree that in conjunction with the operation and use of the Center: i. RENA shall operate the Center in accordance with County policies, including facility access, without discrimination and regardless place of residence, to all residents of Orange County; ii. RENA shall not enact policies that have the effect of denying use of the Center by any Orange County residents; iii. RENA shall continuously operate the Center during the term of this Agreement subject to closures due to County-recognized holidays, casualty, condemnation, events of force majeure; closures caused by any act or omission by County, its agents, employees, contractors, or subcontractors; or closures agreed upon by RENA and County in advance of the closure; iv. RENA shall provide janitorial service to the Center and shall maintain the Center in a clean and safe condition free from hazard during RENA's hours of operation identified in section 2(a)(ii) above; v. RENA shall maintain records related to its operations of the Center and all such Center records shall remain the property of County and shall be subject to the disclosure provisions of applicable federal and state statutes and regulations and shall be furnished to Orange County upon request; vi. Any and all fixtures purchased by RENA from Center operations funds for use or consumption at the Center are and shall remain property of the County. For purposes of this section the term fixtures includes any kitchen or other appliances. Personal property purchased by RENA shall remain the property of RENA. For purposes of this section, "Center operations funds" includes money acquired by RENA through grants received by RENA for purposes of operating the Center, but does not include money independently raised by RENA through community fundraisers or money acquired by RENA through private donation; vii. RENA may charge fees for programs and services at or involving the Center. Any such fees shall not exceed the cost of providing such programs and services. viii. RENA is responsible for any and all repairs that amount to less than two hundred dollars ($200) per repair or incident. County is responsible for any and all repairs that amount to two hundred dollars ($200) or more per repair or incident. ix. RENA shall contract with a private hauler for the provision of roll out carts and/or other individual containers for municipal solid waste and recycling. RENA may not seek dumpster infrastructure and service through Chapel Hill or Orange County. x. County shall provide appropriate screening for such roll out carts or other individual containers. xi. RENA shall maintain such roll out carts or other individual containers in the appropriate screened location and shall at due times deliver the roll out carts 2 15 or individual containers to the curb for collection and return them to their screened locations after collection. xii. RENA shall incorporate standard municipal solid waste and recycling rules and procedures within its operations protocols. xiii. The County is responsible for the cost of water, sewer, electric, and natural gas utilities that results from the use and operation of the Center. xiv. RENA shall maintain financial books, records, and reports related to its operation of the facility in accord with Generally Accepted Accounting Principles and shall permit the County to inspect such books, records, and reports upon County's request. xv. Notwithstanding Section 2(c)(iii) should RENA fail to open the Center pursuant to sections 2(a)(ii) and 2(a)(iii)for ten (10) consecutive days, County may assume operational control of the Center until RENA is able to resume its duties under this Agreement, or the parties mutually agree to terminate this Agreement. During the time that the County exercises operational control, the terms of this Agreement shall be suspended. Should RENA be unable to resume its duties under this Agreement within thirty (30) days of the initial dosure County may terminate this Agreement. 3. Facility Use Guidelines By this Agreement, the County authorizes the use of the Center by RENA only to the extent permitted by the terms of this Agreement. The Center shall be used for the operation of a community and recreation center open to the general public and all other uses reasonably related thereto. The County's facility use policy will serve as the guiding document for operations of the Center, unless a contrary policy is set forth,in this agreement. Smoking is prohibited. No staff or visitor shall be permitted under any circumstances to use tobacco products in or on the grounds of any County property, including the Center. The use of open flames, gambling, and alcoholic beverages are also prohibited unless appropriately permitted and/or approved in writing by the County Manager as may be required by law and pursuant to section 2(a)(xiv) above. Absolutely no weapons of any kind are allowed on the Center premises. RENA shall ensure all persons abide by County policies, rules, and ordinances while on County property. 4. Insurance Requirements RENA shall provide evidence of general liability insurance to the County by way of a certificate prior to operation and use of the Center. Orange County shall be named as additional insured to RENA's general liability endorsed policy. RENA shall maintain combined single limits not less than $1,000,000 per occurrence with aggregate limits not less than $2,000,000 per year. RENA 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. RENA shall secure liability insurance suitable for any kitchen operations. All such insurance policies and coverages must be approved by the Orange County Risk Manager. The certificate of liability insurance shall be addressed and sent to: Orange County Attention: Director of Risk Management Services 200 S. Cameron Street P.O. Box 8181 Hillsborough, NC 27278 3 16 5. Access to County Facilities (a) As used in this Agreement: "Employee" is defined as a person who receives compensation from RENA and who is assigned to work at the Center; "Regular volunteer" is defined as a person who is not an Employee or Temporary Volunteer but who is assigned to work at the Center at least once per week; "Temporary Volunteer" is defined as a person who is not an Employee or Regular Volunteer but who is assigned to work at the Center not more than one day per calendar month. (b) RENA shall provide a list of Regular Volunteers and Employees who will be assigned to the Center to the County at least one week before the Center first opens for operation,or prior to the Employee's or Regular Volunteer's first day of work at the Center (c) County reserves the right to prohibit any individual Employee or volunteer of RENA from accessing or providing services at the Center, or at County events at the Center, if County determines, in its sole discretion,that such Employee or volunteer poses a threat to the safety or well-being of County employees, guests, customers, or invitees. Should the County act under this paragraph, County will notify RENA and the subject individual in writing of the individual's identity and County's reason for prohibiting the individual as soon as possible after making the determination that the individual poses a threat. (d) RENA shall conduct criminal background checks on all Employees and Regular Volunteers. RENA shall provide County with documentation that criminal background checks were conducted on each of its employees and/or volunteers prior to assigning them to the Center, and such check shall include an annual check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry. (e) RENA shall not assign any Employee or Regular Volunteer to staff the Center pursuant to this Agreement if the Employee or Regular Volunteer (1) appears on any of the registries listed in 5(d) above; (2) has been convicted of a felony involving any form of assault, a firearm or other weapon, or sexual assault or misconduct; (3) has been convicted of any other felony unless more than 10 years have passed since the date of conviction or release from confinement, whichever is later; (4) has been convicted of any misdemeanor involving any form of assault or sexual assault or misconduct; or (5) has been convicted of any crime indicating that the worker may pose a threat to the safety or well-being of County employees, guests, customers, or invitees, unless more than 7 years have passed since the date of conviction or release from confinement, whichever is later. Notwithstanding the foregoing, RENA may allow nonviolent juvenile misdemeanants required to perform community service by a court of law or other state mandated program to volunteer at the Center. (f) Temporary Volunteers, while on Center premises, shall not have any unsupervised contact with minor children. Temporary Volunteers who have contact with minor children shall be supervised at all times by an Employee or Regular Volunteer. 6. Observation and Documentation County staff may observe, photograph, videotape, or audiotape any RENA volunteers or employees, County employees, guests, customers, or invitees. The County will give RENA at least 48 hours' notice before observing, photographing, videotaping, or audiotaping under this 4 17 paragraph, unless RENA consents to less than 48 hour notice. RENA shall secure necessary releases, which authorize County to publish such photographs, videotapes, or audiotapes, at the County's request for a specific event for which RENA is a sponsor. Any media coverage of RENA operations of the Center or RENA events held in the Center, that RENA solicits, must receive prior authorization from the County Manager. This section does not require RENA to obtain prior authorization from the County Manager for advertising programming in the regular course of RENA's operations of the Center. 7. Evaluation Both RENA and County agree to hold annual evaluation review meetings to assess the success and direction of the operation of the Center. 8. Indemnification RENA shall indemnify, defend, and hold harmless County, its officers, 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 or connected with any acts of RENA Employees, Regular and/or Temporary Volunteers, or program participants, or resulting from the omission or commission of any act, lawful or unlawful, by RENA, its agents, and/or Employees or Regular and/or Temporary Volunteers, including but not limited to court costs and attorney's fees incurred by County in connection with the defense of said matters. This section should not be interpreted to apply to any claims related to negligence or intentional acts committed by the County, its employees, or agents. 9. Rental Arrangements, Rates and Administrative Fees (a) RENA shall have access and use of the Center during the hours of operation identified in section 2(a)(ii) above, to the exclusion of any other entity or person, and the County shall not rent any part of the Center to any entity or person other than RENA during the hours of operation. At its discretion, RENA may allow use of the Center by other entities or persons during the hours of operation identified in section 2(a)(ii) above. (b) The County may rent space in the Center outside of the hours of operation identified in section 2(a)(ii) above. The County shall promptly update any rental calendar or schedule such that RENA has notice in advance of when each rental period will occur. The County is responsible for ensuring that any renter has access to the space, as well as securing the Center after each rental period. The County is responsible for inspecting the Center for damage before and after each rental period. The County is liable for damage to any County or RENA property as a result of acts by County renters. County shall not be liable for damage to RENA property in areas RENA is required to secure, pursuant to section 2(a)(xiv) above, should RENA fail to secure such areas. (c) RENA may use the Center outside of the hours of operation identified in section 2(a)(ii) above so long as the County has not otherwise rented the space during that time to another entity or person pursuant to this section. RENA does not have to notify the County of its use of the Center outside of the hours of operation so long as the use complies with this paragraph. (d) Rental rates and administrative fees shall be consistent with the Orange County Facilities Use Policy. County shall designate which, if any, rooms within the Center may 5 18 be available for rent to the public or to local community groups, except that the food pantry, RENA office, and library shall not be available for rent to the public. Any such rental shall comply with the Orange County Facilities Use Policy and shall be approved by the Orange County Facilities Management Director. RENA shall pay the County an annual $25.00 administrative fee. RENA shall not be responsible for paying the County any other fees associated with its use of the Center during the hours identified in section 2(a)(ii) above, or during hours not otherwise rented by non-RENA entities or persons pursuant to this Agreement. 10. Termination and Renewal Upon the expiration of the initial term this Agreement may be renewed for up to four (4) additional five (5) year terms only by joint written agreement of both Parties. This Agreement may be terminated by mutual agreement of the Parties. At any time, County may terminate this Agreement and any renewal thereof immediately and without prior notice to RENA if County determines in its sole discretion that the health, safety, or well-being of County employees, guests, customers, or invitees are jeopardized by RENA's operation of the Center. 11. Reorganization or Dissolution Should RENA undergo a corporate reorganization, restructuring, or voluntary or involuntary dissolution this Agreement shall immediately terminate and RENA will vacate the Center premises. 12. Relationship of the Parties RENA is a contractor of County. RENA is not a partner, agent, employee, or joint venture of County and neither Party shall hold itself out contrary to these terms by advertising or otherwise. Neither Party shall be bound by any representation, act, or omission whatsoever of the other. 13. Approvals, Amendments, Notices. Any approval or notice required by the terms of this Agreement shall be in writing and executed by the appropriate party. 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. 1516. 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. 6 19 SIGNATURE PAGE TO FOLLOW 7 20 Signers for RENA and the County certify that they are authorized to enter this agreement. RENA-President Printed Name Date Orange County-Chair Printed Name Date This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer 8