HomeMy WebLinkAbout2016-638 Aging - Town of Chapel Hill for senior services o�D►� -43�
STATE OF NORTH CAROLINA CONTRACT FOR
COUNTY OF ORANGE PROVISION OF SENIOR SERVICES
This Agreement is made and entered into by and between the "Town of Chapel Hill", herein
"Town", and Orange County by and for its Department on Aging, P.O. Box 8181, Hillsborough,
NC 27278,herein"Contractor"for operation of a comprehensive program targeted toward Chapel
Hill and Orange County residents aged 55 years and older for FY 2016-17.
WITNESSETH
That for and in consideration of the mutual promises and conditions set forth below, the Town
and Contractor agree:
1. Duties of the Contractor: The Contractor agrees to perform those duties described in
Exhibit A attached hereto and incorporated herein by reference.
2. Duties of the Town:The Town shall pay for the Contractor's services as set forth in Exhibit
A.
3. Fee Schedule and Maximum Sum: Contract amount is not to exceed $50,000. Payment
shall be made according to Exhibit A.
4. Billing and Payment: The Contractor shall submit a bill to the Town for work performed
under the terns of this Contract.The Contractor shall bill and the Town shall pay the rates
set forth therein. Payment will be made by the Town within thirty (30) days of receipt of
an accurate invoice, approved by the contact person or his/her designee.
5. Indemnification and Hold Harmless: To the extent provided by North Carolina law, the
Contractor agrees to indemnify and hold harmless the Town of Chapel Hill and its officers,
agents and employees from all loss, liability, claims or expense (including reasonable
attorneys' fees) arising from bodily injury, including death or property damage to any
person or persons caused in whole or in part by the negligence or willful misconduct of the
Contractor except to the extent same are caused by the negligence or misconduct of the
Town.
6. Financial Records: Contractor agrees to allow the Town to inspect its financial books and
records upon reasonable notice during normal working hours.
7. Termination for Cause: In the event that Contractor 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 or accessibility to
Chapel Hill residents during the term of this Agreement; or in the event that Contractor
shall fail to render a satisfactory accounting as provided herein, then and in that event the
Town may terminate this Agreement and Contractor will return all payments already made
to it by the Town for services which have not been provided or for which no satisfactory
accounting has been rendered.
Small Service Agreement Revised 5/2016 Page I of 5
8. Insurance Provisions: The Town requires evidence of Contractor's current valid insurance
(if applicable) in the amounts stated below during the duration of the named project and
further requires that the Town be named as an additional insured for Comprehensive
General Liability and Business Automobile policies. The required coverage limits are: 1)
Comprehensive General Liability and Business Automobile - $1,000,000 per occurrence
and 2) Workers' Compensation - $100,000 for both employer's liability and bodily injury
by disease for each employee and $500,000 for the disease policy limit.
7. Voluntary Agreement Not to Discriminate: The Contractor contractually agrees to
administer all functions pursuant to this Agreement without discrimination because of race,
creed, sex, national origin, age, economic status, sexual orientation, gender identity or
gender expression.
8. Federal and State Legal pliance: The Contractor must be in full compliance with all
applicable federal and state laws, including those on immigration.
9. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of
the North Carolina General Statutes.Further,should Contractor utilize a sub-Contractor(s),
Contractor shall require the sub-Contractor(s) to comply with the requirements of Article
2, Chapter 64 of the General Statutes. Pursuant to North Carolina General Statute § 143-
133.3 (c)(2), Agreements solely for the purchase of apparatus, supplies, materials, and
equipment are exempt from this E-Verify provision.
10. Amendment: This Agreement may be amended in writing by mutual agreement of the
Town and Contractor.
11. Termination: Either party may terminate this Agreement at any time by giving the other
party thirty(30)days written notice of termination prior to the end of the term as described
herein.
12. InterpretationNenue: This Agreement shall be construed and enforced under the laws of
North Carolina. The courts and the authorities of the State of North Carolina shall have
exclusive jurisdiction over all controversies between the parties which may arise under or
in relation to this Agreement. In the event of any dispute between the parties, venue is
properly laid in Orange County,North Carolina for any state court action and in the Middle
District of North Carolina for any federal court action. Contrary to any provision that may
be contained in any exhibit attached hereto the Town shall not consent to 1)resolving any
dispute by means of arbitration and/or 2)waiver of a trial by jury.
13. Preference: In the event that the terms of the Work Statement attached hereto are not
consistent with the terms of this Agreement, this Agreement shall have preference;
provided that where either any Work Statement attached hereto or this Agreement
establishes higher standards for performance by either party,the higher standard,wherever
located, shall apply.
Small Service Agreement Revised 5/2016 Page 2 of 5
14. Severability: The parties intend and agree that if any provision of this Agreement or any
portion thereof shall be held to be void or otherwise unenforceable, all other portions of
this Agreement shall remain in full force and effect.
15. Assignment: This Agreement shall not be assigned without the prior written consent of the
parties.
16. Entire Agreement: This Agreement shall constitute the entire agreement of the parties and
no other warranties, inducements, considerations, promises, or interpretations shall be
implied or impressed upon this Agreement that are not expressly addressed herein.All prior
agreements, understandings and discussions are hereby superseded by this Agreement.
17. Term:This Agreement,unless amended as provided herein, shall be in effect until June 30,
2017.
[SIGNATURES ON FOLLOWING PAGE.]
Small Service Agreement Revised 5/2016 Page 3 of 5
This Contract is between the Town of Chapel Hill and Orange County by and for its Department
on Aging for operation of a comprehensive program targeted toward Chapel Hill and Orange
County residents aged 55 years and older for FY 2016-17.
IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their
respective names.
ORANGE COUNTY by and for its DEPARTMENT ON AGING
SIGNATURE U PRINTED NAME& TITLE
11e1j55A S. AI V150n
'SsQ- 'S' 00-0;S lg-. AS5i 5te-wt-
WITNESS PRINTED NAME&TITLE
TO OF CHAPEL HILL
D ARTMENT HEAD
Ak
PRINTED NAME & DEPARTMENT
ATTEST ERK: ey
TOWN CLERK TOWN SEAL "
Town Clerk attests date this the day o k'�EkZ, 20 t4.
Approved as to Form and Authorization
TOW9 LEGAL STA F
This instru ent h ee pre-audited in the manner required by the Local Government Budget and
Fisc I trol
FIN CE OFFIC DATE
Small Service Agreement Revised 5/2016 Page 4 of 5
EXHIBIT A
The provisions of this Exhibit A are hereby incorporated as a part of the Performance Agreement
between The Town of Chapel Hill (herein referred to as the "Town") and the Robert and Pearl
Seymour Center(herein referred to as the"Seymour Center").
Specifics of the Agreement
1. Duties of the Contractor: In order to address the increasing need for recreational
programming for seniors in the community,the Town of Chapel Hill and Orange County
have agreed to a partnership that would assist in achieving this goal.The partnership will
provide for a Senior Center Operations Manager's position to enhance the senior
programming at the Robert and Pearl Seymour Center. The Senior Center Operations
Manager shall provide daily supervision of the Robert and Pearl Seymour Center's full-
time and part-time staff, as well as the many volunteers involved in front desk operations
and the wide array of programming held there. The Manager shall organize and
administer special events, educational classes and workshops; coordinate publicity and
public relations for programs and services offered by the department at this location.
Additionally, he/she shall plan and escort numerous day and overnight excursions
annually. He/she shall be responsible for working closely with various Seymour Center
citizen advisory groups and committees.
2. Payment: The Town shall make one payment to the Contractor within thirty(30)days of
receipt of an accurate invoice, approved by the contact person or his/her designee.
3. Use of the Building by the Town: Under this agreement, the Seymour Center shall allow
the Town of Chapel Hill Parks&Recreation Department to reserve and use, based on
availability and advanced scheduling, classroom, theater, great hall and other spaces
designated by the Center during Center operating hours and after-hour operations. The
Seymour Center shall retain first priority in scheduling the aforementioned spaces within
the building. All requests for the Town to use the Seymour Center shall be made to the
Senior Centers Administrator or designated Program Coordinator. After-hour use of the
building by the Town shall be pre-arranged with the same individuals. Security for the
Center shall be maintained by the Center during after-hour use. The Center shall provide
staff to open and close the building for Town activities associated with the Parks and
Recreation Department only being held after-hours.The after-hours use shall not to
exceed 8 hours in any given week.
Small Service Agreement Revised 5/2016 Page 5 of 5