HomeMy WebLinkAbout2017-309 Aging - Town of Chapel Hill for Senior Lunch Program NORTH CAROLINA
PERFORMANCE AGREEMENT
ORANGE COUNTY
THIS PERFORMANCE AGREEMENT,made and entered into by and between the TOWN OF CHAPEL HILL,a North
Carolina Municipal Corporation, 405 Martin Luther King, Jr. Boulevard, Chapel Hill, North Carolina, hereinafter
referred to as the"Town"and Orange County,by and through,the Department on Aging-Senior Lunch Program,2551
Homestead Road,Chapel Hill,27514,hereinafter referred to as the"Senior Lunch Program" or"Contractor."
WITNESSETH
WHEREAS, the Senior Lunch Program provides opportunities for residents age 60 and older to receive nutritionally
balanced meals at noon in a group setting;and
WHEREAS,the Senior Lunch Program enhances and promotes public welfare;and
WHEREAS,it is in the interest of the Town that said program be assisted by the Town and thereby be available to the
residents of the Town,and said program addresses an important community human services need as identified by the
Town's Human Services Advisory Board.
NOW,THEREFORE,in consideration of the above and the mutual covenants and conditions hereinafter set forth,the
Town and the Senior Lunch Program agree as follows:
TOWN SUPPORT:
The Senior Lunch Program agrees to provide the services described in the Work Statement of this Agreement
attached hereto and incorporated herein by reference. By resolution 2017-06-26/R-2 the Town appropriated
the sum of Six Thousand Dollars($6,500.00)for fiscal year 2017-2018.The Town does not obligate itself to
provide any other support to Senior Lunch Program this fiscal year or in succeeding years.
VOLUNTARY AGREEMENT NOT TO DISCRIMINATE:
The Senior Lunch Program agrees to administer all functions without discrimination because of race,creed,
sex,national origin,age,economic status,sexual orientation,gender identity or gender expression.
INDEMNIFICATION AND HOLD HARMLESS:
The Senior Lunch Program 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.
INSURANCE PROVISIONS:
The Town requires evidence of the Senior Lunch Program's current valid insurance during the duration of this
Agreement and further requires that the Town be named as an additional insured. The required coverage limits
are $1,000,000 per occurrence for Comprehensive General Liability and Business Automobile. Worker's
Compensation coverage requirements are$100,000 for both employer's liability and bodily injury by disease
for each employee and$500,000 for the disease policy limit.
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 subcontractor(s),Contractor shall require the subcontractor(s)to
comply with the requirements of Article 2,Chapter 64 of the General Statutes.
IRAN DIVESTMENT ACT CERTIFICATION:
Pursuant to§ 147-86.59(a)of the Iran Divestment Act("Act"),Contractor hereby certifies that,as of the date
of this Contract, Contractor is not identified in either the Final Divestment List("List") or Iran Parent and
Subsidiary Guidance("Guidance")created and maintained by the North Carolina State Treasurer("Treasurer")
as published on the Treasurer's website currently located at https://www,nctreasurer.com/inside-the-
department/OpenGovernment/Pawes/Iran-Divestment-Act-Resources.aspx.Further,in compliance with§147-
86.59(b)of said Act,Contractor certifies that it will not utilize in performing this Contract any subcontractor
identified in the List or Guidance.
PAYMENT AND DOCUMENTATION:
The appropriation shall be paid to the Senior Lunch Program in semi-annual installments at the end of each half-
year period in which services were provided, pursuant to the Work Statement attached hereto. Each semi-
annual installment will be for Three Thousand Dollars ($3,250.00). The Town's obligation to make each
payment is contingent upon receiving satisfactory documentation and accounting of expenditures as detailed in
the attached Work Statement.
FINANCIAL RECORDS:
The Senior Lunch Program agrees to furnish the Town with semi-annual financial statements as detailed in the
attached Work Statement. 'In addition, the Senior Lunch Program agrees to allow the Town to inspect its
financial books and records upon reasonable notice during normal working hours.
WORK STATEMENT:
The Senior Lunch Program agrees to provide those services described in the Work Statement attached hereto
and incorporated herein by reference,to residents of Chapel Hill and to maintain a high level ofprofessionalism
in the provision of these services.
TERMINATION FOR CAUSE:
In the event that the Senior Lunch Program 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 fails to provide the
services described in the attached work statement or shall significantly reduce its services or accessibility to
Chapel Hill residents during the term of this Agreement,or in the event that the Senior Lunch Program shall fail
to render a satisfactory accounting as provided herein, then and in that event the Town may terminate this
Agreement and the Senior Lunch Program 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.
[SIGNATURES ON FOLLOWING PAGE.]
Attached to that certain PERFORMANCE AGREEMENT dated 12017 between the Town of
Chapel Hill and Orange County,by and through,the Department on Aging-Senior Lunch Program:
Service will be provided consistent with the Scope and Units of Service described in the Funding Application effective
July 1,2017 through June 30,2018.
WORK STATEMENT
For Orange County,by and through,the Department on Aging-Senior Lunch Program,hereinafter referred to as the
"Senior Lunch Program":
I. The Senior Lunch Program provides hot nutritionally balanced meals Monday-Friday to local residents who are
age 60 and older in a social community setting where residents sit together at round tables, conducive to
conversation and sharing of experiences.
lI. It is mutually agreed upon by both parties that in the performance of this Agreement:
The Senior Lunch Program funds may be used to provide hot nutritionally balanced meals Monday-Friday to
Chapel Hill residents who are age 60 and older.
III. The Senior Lunch Program will provide the Town with semi-annual reports which should be directed to Jackie
Thompson,Human Services Coordinator,including demographic information on Chapel Hill,Carrboro,and
Orange County residents served. These reports will also include a budget breakdown showing expenditures of
Town appropriations. The reports shall include the amount of expenditures during the reporting period and
year-to-date amounts,the number of individuals receiving services during reporting period and year-to-date
numbers. Semi-annual reports will be due on January 10,2018 and July 10,2018.
IV. The Town will reimburse the Senior Lunch Program for the above services in accordance with the terms and
conditions of this Performance Agreement.
This Performance Agreement is between the Town of Chapel Hill and Orange County, by and
through,the Department on Aging-Senior Lunch Program,for the services described in the attached
Work Statement.
IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their
respective names.
ORANGE COUNTY,BY AND THROUGH,THE DEPARTMENT ON AGING-SENIOR
LUNCH PROGRAM
Pule 6 4 kv� i
SIGNATURE ORINTED NAME & LE d
S
ATTEST' PRINTED NAME&TITLE
TOWN OF CHAPEL HILL
DEPAR M N HEAD OR DEPUTY/TOWN MANAGER
ATTEST CL {�
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TOWN CLERK TOWN SEAL
Town Clerk attests date this the day of �J , 201.1
Approved as to For Authorization
TO STAFF
This instrume s een pre-audited in the manner required by the Local Government Budget and
Fis al C tro ct.
FIN CE OFtICER