ATTACHMENT 4
NORTH CAROLINA
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."
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
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SIGNATURE TITLE
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ATTEST TITLE
TOWN OF CHAPEL HILL
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ASSISTANT/DEPUTY/TOWN MANAGER
ATTEST BY TOWN CLERK:
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TOWN CLERK TOWN SEAL
Town Clerk attests date this the ______day of ___________, 20____.
Approved as to Form and Authorization
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TOWN ATTORNEY
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.
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FINANCE DIRECTOR
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PLANNING DIRECTOR
Attached to that certain PERFORMANCE AGREEMENT dated , 2007 between the Town of Chapel Hill and SURGE:
For SURGE, hereinafter referred to as "SURGE":
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.