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Home My WebLink About2013-547 BOCC - Town of Chapel Hill for use of the Southern Human Services Center INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND THE TOWN OF CHAPEL HILL REGARDING CHAPEL HILL'S USE OF THE SOUTHERN HUMAN SERVICES CENTER THIS AGREEMENT, made and entered into this 4 day of 013 between the Town of Chapel Hill, North Carolina, a North Carolina municipal 8orporation, of Orange County, North Carolina (hereinafter referred to as the "Town"); and Orange County, a body politic and political subdivision of the State of North Carolina (hereinafter referred to as the "County"), each of which may be referred to as "Party" or "Parties", for the temporary use by the Town's governing council of the Southern Human Services Center (hereinafter referred to as the "Center"). WITNESSETH WHEREAS, the County and Town are public bodies, politic and corporate, under the laws of the State of North Carolina and are vested with the power and authority by Article 20 of North Carolina General Statutes Chapter 160A to enter into this Interlocal Agreement (hereinafter referred to as the "Agreement"); and WHEREAS, due to recent flooding damage the Town is in need of meeting space for hosting its regular council meetings; and WHEREAS, the County owns and operates the Center affording services to all residents of Orange County, which Center has meeting space sufficient for the Town's meeting needs. NOW, THEREFORE, in consideration of the foregoing and on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM a. This Agreement shall commence September 5, 2013 and shall continue through December 2, 2013. b. This Agreement may be renewed beyond December 2, 2013 upon written agreement of the Parties. 2. TOWN RESPONSIBILITIES a. Town shall utilize the Center only on those dates and times the Center is not scheduled for County use. b. Enforce County policies, including but not limited to the no smoking policy and the Board of Health anti-smoking rule at all times while using the Center. c. Maintain worker's compensation insurance for all Town staff, employees, and officials working at the Center. d. Maintain general liability coverage which coverage shall extend to Town scheduled meetings occurring at the Center. e. Provide its own security at its meetings. f. Maintain the Center facilities in a clean and orderly state. Furniture and/or tables and chairs may be rearranged as needed, however at the conclusion of each scheduled meeting Town shall return all furnishings to their original positions and condition. g. Prior to the commencement of any scheduled meeting notify Orange County of any damage to any County property at the Center. h. When electronic equipment (audio, video, etc.) is adjusted or modified, Town shall return all such equipment to the original settings at the conclusion of the meeting at which the equipment is used. L Town shall be responsible for damage caused to the Center or property situated at the Center resulting from Town's use of the Center. j. Promptly reimburse County for any damage caused to the Center including but not limited to furniture, kitchen furnishings and/or utilities, computers, and other electronic or technology equipment where such damage is caused by Town staff, employees, officials, guests, or invitees. k. Reschedule Town meetings as necessary in the event of a conflict between a County function or meeting and a Town function or meeting. 3. COUNTY RESPONSIBILITIES a. Generally maintain the Center. b. Provide access by the Town to the Center up to four hours prior to start of the meetings on the following Dates and Times for scheduled meetings: September 2013 Monday-9, Council Business Meeting, 7 p.m. Monday-16, Council Public Hearing, 7 p.m. Monday-23, Council Business Meeting, 7 p.m. October 2013 Wednesday-16, Council Business Meeting, 7 p.m. Monday-21, Council Public Hearing, 7 p.m. Monday-28, Council Business Meeting, 7 p.m. November 2013 Monday-11, Council Business Meeting, 7 p.m. Monday-18, Council Public Hearing, 7 p.m. Monday-25, Council Business Meeting, 7 p.m. December 2013 Monday-2, Organizational Meeting, 7 p.m. 4. INDEMIFICATION Notwithstanding Section 2h above and to the extent permitted under North Carolina law, Town shall defend, indemnify, and hold harmless the County, its agents, officials, 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 any acts of Town, its agents, officials, employees, guests or invitees caused by or directly related to the Town's use of the Center pursuant to this Agreement, including but not limited to court costs and attorney's fees incurred by the County in connection with the defense of said matters. 5. AMENDMENTS This Agreement may be amended by mutual written consent of the County and Town. 6. TERMINATION This agreement may be terminated by either Party hereto upon sixty (60) days' advance notice to the other Party or at any time by mutual written agreement of the Parties. 7. NOTICE Any notice required by this Agreement, amendment, or renewal shall be in writing and delivered by United States Mail to the following: To the County: To the Town: Orange County Town of Chapel Hill County Manager Town Manager 200 S. Cameron Street 405 Martin Luther King, Jr. Blvd. Hillsborough, NC 27278 Chapel Hill, NC 27514 8. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the parties hereto and is effective the date first above recorded. Manager, Town of Chapel Hill �'Of ager, Ora a County ATTEST: ATTE Qc�rry Town Cl e Clerk to the Board 4 17 52 ( O°`0 *� C t'E� Orth caco�`°a Certificate of Insurance Issue Date(MM/DD/YYYY) 08/2012013 Named Participant This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder Town of Chapel Hill . This Certificate does not amend,extend or alter the coverage afforded by the Policies below. 405 Martin Luther King Jr.Blvd Companies affording Coverage Chapel Hill,NC 27514 A- Interlocal Risk Financing Fund of North Carolina B= North Carolina Interlocal Risk Management Agency COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH PROGRAM. Co Type of Coverage Policy Number Effective Expiration Limits of Liability Ltr Date Date A GENERAL LIABILITY PL-62012-2013.00 07/01/2013 07/01/2014 Products-ComplOperations 53,000,000 N Commercial General Liability Personal&Adv.Injury $3.000,000 ❑ Claims Made g occurrence Each Occurrence $3,000,000 Fire Damage(Any one fire) $1,000,000 Med.Expense(Any one person) N/A Deductible $2,500 AUTOMOBILE LIABILITY Limit Deductible ❑Any Auto(Symbol 1) Combined Single Limit ❑ Hired Autos(Symbol 8) ❑ Non-Owned Autos(Symbol 9) ❑Uninsuredfunderinsured Motorists PROPERTY Limit Deductible ❑Real 8 Personal Property ❑Builder's Risk ❑Auto Physical Damage(Symbol 7&B) ❑Municipal Equipment ❑Computer Equipment&Media ❑Portable Equipment ❑Fine Arts Police Professional Liability Limit(per occurrence/aggregate) Deductible ❑Claims Made ❑Occurrence Public Officials Liability Limit(per occurrence/aggregate) Deductible ❑Claims Made ❑Occurrence Employment Practices Liability Limit(per occurrence/aggregate) Deductible ❑Claims Made ❑ Occurrence Workers'Compensation ^/ Limit ❑workers'Compensation and Employer's Liability / Each Accident ❑VIC Statutory Limit Disease-Each Employee ' Disease-Policy Limit OTHER COVERAGE Limit Deductible Description Certificate holder is additional insured as respects town's use of The Southern Human Services Center of Orange County for town council meetings from September 5,2013 through December 2,2013 Certificate Holder Cancellation Orange County Should any of the above described coverages be cancelled before 200 S.Cameron St. the expiration date thereof the issuing company will endeavor to Hillsborough,NC 27278 mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives. Authorized Representative Date(MMIDDIYYYY) Certificate Of Insurance Issue 08/21/2013 Named Participant This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. Town of Chapel Hill This Certificate does not amend,extend or altar the coverage afforded by the Policies below 405 Martin Luther King Jr.Blvd Com panies affording Coverage Chapel Hill,NO 27514 A= Interlocal Risk Financing Fund of North Carolina B= North Carolina Interlocal Risk Management Agency COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCHPROGRAM. Co Type of Coverage Policy Number Effective Expiration Limits of Liability Lo- Date Date GENERAL LIABILITY Products-Comp/Operations ❑Commercial General Liability Personal&Adv.Injury ❑Claims Made ❑Occurrence Each Occurrence Fire Damage(Any one fire) Med.Expense(Any one person) N/A Deductible AUTOMOBILE LIABILITY Limit Deductible ❑Any Auto(Symbol 1) Combined Single Limit ❑ Hired Autos(Symbol 8) ❑ Non-Owned Autos(Symbol 9) ❑Uninsured/Underinsured Motorists PROPERTY Limit Deductible ❑Real&Personal Property ❑Builder's Risk ❑Auto Physical Damage(Symbol 7&8) ❑Municipal Equipment ❑Computer Equipment&Media ❑Portable Equipment ❑Fine Arts Police Professional Liability Limit(per occurrenoe/aggregate) Deductible ❑Claims Made ❑Occurrence Public Officials Liability Limit(per occurrence/aggregate) Deductible ❑Claims Made ❑Occurrence Employment Practices Liability Limit(per occurrence/aggregate) Deductible ❑Claims Made ❑Occurrence FT A Workers'Compensation WC-12-2013-00 07/01/2013 07/01/2014 Limit ❑x Workers'Compensation and Employers Liability Each Accident $1000,000 ❑x WC Statutory Limit Disease-Each Employee s1.000,000 Disease-Policy Limit $1•00°•00° OTHER COVERAGE Limit Deductible Description Evidence of coverage Certificate Holder Cancellation Orange County Should any of the above described coverages be cancelled before 200 S.Cameron St. the expiration date thereof the issuing company will endeavor to Hillsborough,NC 27278 mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives. Autho' d Representative