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Home My WebLink About2013-292 Aging - Town of Chapel Hill for Senior Services Please return this copy to the Clerk's to the Board's Iffice for permanent agenda file. .2a 13 - zcja _ ■ 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 services hereinafter described for the Town of Chapel Hill. This Contract is for operation of a comprehensive program targeted toward Chapel Hill and Orange County residents aged 55 years and older for FY 2013 -14. 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 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 terms of this Agreement. 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. Business License: The Contractor shall have a valid Business License with the Town of Chapel Hill before beginning work as required by Ordinance (if applicable). 6. 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. 7. 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. 8. Federal and State Legal Compliance: The Contractor must be in full compliance with all federal and state laws, including those on immigration. Small Service Contract Format Revised 4/2013 Page 1 of 4 9. Amendment: This Agreement may be amended in writing by mutual agreement of the Town and Contractor. 10. Interpretation: This Agreement shall be construed and enforced under the laws of North Carolina. 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. 11. Preference: In the event that the terms of Exhibit A are not consistent with terms of this Contract, this Contract shall have preference; provided that where either Exhibit A or this Contract establish higher standards for performance by either parties, the higher standard, wherever located, shall apply. 12. Severability: The parties intend and agree that if any provision of this contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 13. Assignment: This Agreement shall not be assigned without the prior written consent of the parties. 14. 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. 15. Term: This Agreement, unless amended as provided herein, shall be in effect until June 30, 2014. Small Service Contract Format Revised 4/2013 Page 2 of 4 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 2013 -14. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. ORANGE COUNTY by and for its DEPARTMENT ON AGING SIGNATURE PRINTED NAME& TI LE 1 %.�.. 4TSTI P TED NAME & TITLE TOWN OF CHAPEL HILL DEP TMENYIIEAD DEPUTY/TOWN MANAGER r a� ATTEST B RK: fi •tr TOWN CLERK TOWN SEA { Town Clerk attests date this the day of , 20 Approved as to Form and Authorization TOWN TTORNEY This instrume Vt.�een pre-audited in the manner required by the Local.Government Budget and i al C tr F ANCE O CER Small Service Contract Format Revised 4/2013 Page 3 of 4 This instrument has been approved as to technical content. Janic er, Depart nt Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This i s ume h s been approved as to form and legal sufficiency. Office of the C unty Att rney Page 3A of 4 r.. , 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 Contract Format Revised 4/2013 Page 4 of 4