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HomeMy WebLinkAbout2008 Aging - Town of Chapel Hill senior recreation services~~ STATE OF NORTH CAROLINA COUNTY OF ORANGE PERFORMANCE AGREEMENT This Agreement, 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 services hereinafter described for the Town of Chapel Hill. 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 2008-09. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: Duties of the Contractor: The Contractor shall operate a comprehensive program targeted toward Chapel Hill and Orange County residents aged 55 years and older. 2. Duties of the Town: The Town has appropriated the sum of Forty Six Thousand Seven Hundred Dollars ($46,700) to the Contractor for the fiscal year 2008-2009. The Town does not obligate itself to provide any other support to the Contractor this fiscal year, nor in any succeeding year. 3. Fee Schedule and Maximum Sum: The appropriation shall be paid to the Contractor in one payment upon execution of this agreement and submittal of an accurate invoice. Contract amount not to exceed $46,700. 4. Billin ag nd Payment: 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. Financial Records: The Contractor agrees to allow the Town to inspect its financial books and records upon reasonable notice, during normal working hours. 6. Termination for Cause: In the event that the 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, during the term of this Agreement, or in the event that the Contractor shall fail to render a satisfactory accounting as provided herein, then, and in that event, the Town may terminate this Agreement and the Contractor, 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. Revised 3/2008 Page 1 of 3 7. Insurance Provisions: The Town requires evidence of Contractor's current valid insurance (if applicable) during the duration of the named project 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. Workers' 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. 8. Indemnification and Hold Harmless: 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. 9. Non-Discrimination: The Contractor shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 10. Federal and State Le ag 1 Compliance: The Contractor must be in full compliance with all federal and state laws, including those on immigration. 11. Amendment: This Agreement may be amended in writing by mutual agreement of the Town and Contractor. 12. Term: This Agreement, unless amended as provided herein, shall be in effect until June 30, 2009. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK Revised 3/2008 Page 2 of 3 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 2008-09. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. ORANGE COUNTY by and for it's DEPART ON AGING Laura Blackmon, County Manager Attest: Donna Baker, erk TOWN OF CHAPEL HILL ASSISTANT MAN 4° . a` ATTEST BY TOWN CLERK: ~. ~ TOWN CLE ~~~. Town Clerk attests date this the ~~~day Approved as to Form and Authorization TO ATTORNEY 20~ This instrument h en pre-audited in the manner required by the Local Government Budget and 1 iscal,Con 1 Ac . 313~/~~~ FIN CE OFFICER °~ ~~~' ~~ TION DIRECTOR Revised 3/2008 Page 3 of 3