HomeMy WebLinkAbout2017-308 Aging - Town of Chapel Hill for Volunteer Connect 55+ 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-Volunteer Connect 55+
Program,2551 Homestead Road,Chapel Hill,27514,hereinafter referred to as"Volunteer Connect 55+Program"or
"Contractor."
WITNESSETH
WHEREAS,the Volunteer Connect 55+Program enriches the lives of Orange County residents,both as volunteers and
as recipients of volunteer services,through serving residents who are 55 and older;and
WHEREAS,the Volunteer Connect 55+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 Volunteer Connect 55+Program agree as follows:
TOWN SUPPORT:
The Volunteer Connect 55+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 Twelve Thousand Three Hundred Dollars($12,300.00)for fiscal year 2017-2018.The
Town does not obligate itself to provide any other support to Volunteer Connect 55+Program this fiscal year or
in succeeding years.
VOLUNTARY AGREEMENT NOT TO DISCRIMINATE:
The Volunteer Connect 55+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 Volunteer Connect 55+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 Volunteer Connect 55+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.
Attached to that certain PERFORMANCE AGREEMENT dated ,2017 between the Town of
Chapel Hill and Orange County,by and through,the Department on Aging-Volunteer 55+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-Volunteer Connect 55+Program,hereinafter referred to
as"Volunteer Connect 55+Program":
I. The Volunteer Connect 55+Program funds may be used to promote and support volunteerism in Chapel Hill
and the Volunteer Income Tax Assistance Program.
II. It is mutually agreed upon by both parties that in the performance of this Agreement:
The Volunteer Connect 55+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.
III. The Town will reimburse Volunteer Connect 55+Program for the above services in accordance with the terms
and conditions of this Performance Agreement.
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 netreasurer.comiinside-the-
departmentrOpenGovernment/Pages;Iran-Divestment-Act-Resources.ast)x.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 Volunteer Connect 55+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 Six Thousand One Hundred Fifty Dollars ($6,150.00). 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 Volunteer Connect 55+Program agrees to furnish the Town with semi-annual financial statements as
detailed in the attached Work Statement. In addition, Volunteer Connect 55+Program agrees to allow the
Town to inspect its financial books and records upon reasonable notice during normal working hours.
WORK STATEMENT:
The Volunteer Connect 55+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 of
professionalism in the provision of these services.
TERMINATION FOR CAUSE:
In the event that the Volunteer Connect 55+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 Volunteer
Connect 55+Program shall fail to render a satisfactory accounting as provided herein,then and in that event the
Town may terminate this Agreement and the Volunteer 55+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.]
This Performance Agreement is between the Town of Chapel Hill and Orange County, by and
through,the Department on Aging-Volunteer Connect 55+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-
VOLUNTEER CONNECT 55+PROGRAM
a_6
SIGNATU PRINTED NAME &TITLE
ATTEST PRINT D NAME&TITLE
TOWN OF CHAPEL HILL
DE R T HEAD OR DEPUTY/TOWN MANAGE
4
A "n
TOWN CLERK TOWN S L
Town Clerk attests date this thekl da ,200
Approved as to Form a uthorization
TO GAL STAFF
This instrument been pre-audited in the manner required by the Local Government Budget and
Fis 1 on Ac
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F ANCE O FICER