ATTACHMENT 4

 

NORTH CAROLINA

PERFORMANCE AGREEMENT

ORANGE COUNTY

 

THIS 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 "Town" and Students United for Responsible Global Environment (SURGE), P.O. Box 1188 Chapel Hill, NC 27514, hereinafter referred to as "SURGE."

 

WITNESSETH

 

WHEREAS, SURGE in partnership with the ReCYCLEry has created a community bicycle loan program known as “Blue Urban Bikes” aka “BUB”; and

 

WHEREAS, the mission of the Blue Urban Bikes program is to provide a reliable, clean and affordable  mode of transportation for Chapel Hill, Carrboro and UNC Chapel Hill and the program aims to help create a sustainable local community that encourages active and healthy citizens and lessen our environmental footprint on the land; and

 

WHEREAS, the Chapel Hill 2000 Comprehensive Plan seeks to shift the emphasis from the automobile to other means of travel, walking, biking, transit and park and ride to achieve a multi-modal transportation system; and

 

WHEREAS, the Bicycle and Pedestrian Action Plan adopted by the Town as part of the Comprehensive Plan in October 2004 includes goals to encourage greater bicycle use in the community; and

 

WHEREAS, on June 27, 2005 the Town of Chapel Hill agreed to commit to a preliminary goal of a 60 percent reduction in carbon dioxide emissions by 2050; and

 

WHEREAS the Town of Chapel Hill, believes that a Community Bicycle Loan Program is consistent with these themes and Council actions.

 

NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth, the Town and SURGE agree as follows:

 

TOWN SUPPORT:

SURGE agrees to provide the services described in the Work Statement of this Agreement.  By resolution (to be inserted) 2007-00-00/R-0 the Town appropriated the sum of Fifteen Thousand ($15,000) for fiscal year 2006-2007. The Town does not obligate itself to provide any other support to SURGE this fiscal year or in succeeding years.

 

SURGE 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.

 

NON-DISCRIMINATION:

SURGE shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

 

PAYMENT AND DOCUMENTATION:

The appropriation shall be paid to SURGE in a single payment before June 30, 2007 during the financial year in which services were provided, pursuant to the Work Statement attached hereto.  The Town’s obligation to make the payment is contingent upon receiving satisfactory documentation and accounting of expenditures as detailed in the attached Work Statement.

 

FINANCIAL RECORDS:

SURGE agrees to furnish the Town with financial statements as detailed in the attached Work Statement.  In addition, SURGE agrees to allow the Town to inspect its financial books and records upon reasonable notice during normal working hours.

 

WORK STATEMENT:

SURGE 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 SURGE 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 or accessibility to Chapel Hill residents during the term of this Agreement; or in the event that SURGE shall fail to render a satisfactory accounting as provided herein, then and in that event the Town may terminate this Agreement and SURGE 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.

 

 

 

 

 

 


This Agreement is between the Town of Chapel Hill and Students United for Responsible Global Environment (SURGE) for a bicycle loan program.

 

 

IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. 

 

 

SURGE

 

 

_______________________________                      ________________________

SIGNATURE                                                             TITLE

 

_______________________________                      _________________________

ATTEST                                                                      TITLE

 

 

TOWN OF CHAPEL HILL

 

 

_____________________________________________

ASSISTANT/DEPUTY/TOWN MANAGER

 

ATTEST BY TOWN CLERK:

 

____________________________

TOWN CLERK                                                          TOWN SEAL

 

Town Clerk attests date this the ______day of ___________, 20____.

 

 

Approved as to Form and Authorization

 

______________________________

TOWN ATTORNEY

 

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

 

________________________________

FINANCE DIRECTOR

 

_________________________________

PLANNING  DIRECTOR

 

      

 

Attached to that certain PERFORMANCE AGREEMENT dated                                         , 2007 between the Town of Chapel Hill and SURGE:

 

WORK STATEMENT

 

For SURGE, hereinafter referred to as "SURGE":

  1. SURGE in partnership with the ReCYCLEry agrees to operate a community bicycle loan program, using a “hub” model where users check out a bicycle from an attendant at a hub;
  2. It is mutually agreed upon by both parties that in the performance of this Agreement, SURGE in partnership with the ReCYCLEry will:

    Provide services to citizens of Chapel Hill using Town funds to administer and promote the program, establish and maintain at least 4 hubs in Chapel Hill off campus (2 in locations geographically removed from the 2 existing hubs located in the downtown), to equip and maintain bicycles to a roadworthy standard, provide liability insurance, provide safety and education information to riders, maintain a system of user registration, secure and shelter the bicycles where possible.

  3. SURGE will provide the Town Manager with an annual report including demographic information on Chapel Hill, Carrboro, and Orange County residents served. The report will also include a budget breakdown showing expenditures of Town appropriations.  The report 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.  The annual report will be due on May 31, 2007
  4. The Town will pay SURGE $10,000 for set up costs and for the above services on approval of this agreement and will reimburse SURGE $5,000 for the above services upon receipt of a satisfactory annual report.