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~r~i9-aaD~ <br />y~. <br />STATE OF NORTH CAROLINA <br />COUNTY OF ORANGE <br />PERFORMANCE <br />AGREEMENT <br />This Agreement, made and entered into by and between the Town of Chapel Hill, herein <br />"Town", and Orange County by and for its Department on Aging, P.O. Box 8181, Hillsborough, <br />NC 27278, herein "Contractor" for services hereinafter described for the Town of Chapel Hill. <br />This Contract is between the Town of Chapel Hill and Orange County by and for its Department <br />on Aging for operation of a comprehensive program targeted toward Chapel Hill and Orange <br />County residents aged 55 years and older for FY 2008-09. <br />WITNESSETH <br />That for and in consideration of the mutual promises and conditions set forth below, the Town <br />and Contractor agree: <br />Duties of the Contractor: The Contractor shall operate a comprehensive program targeted <br />toward Chapel Hill and Orange County residents aged 55 years and older. <br />2. Duties of the Town: The Town has appropriated the sum of Forty Six Thousand Seven <br />Hundred Dollars ($46,700) to the Contractor for the fiscal year 2008-2009. The Town <br />does not obligate itself to provide any other support to the Contractor this fiscal year, nor <br />in any succeeding year. <br />3. Fee Schedule and Maximum Sum: The appropriation shall be paid to the Contractor in <br />one payment upon execution of this agreement and submittal of an accurate invoice. <br />Contract amount not to exceed $46,700. <br />4. Billin ag nd Payment: The Contractor shall bill and the Town shall pay the rates set forth <br />Therein. Payment will be made by the Town within thirty (30) days of receipt of an <br />accurate invoice, approved by the contact person or his/her designee. <br />5. Financial Records: The Contractor agrees to allow the Town to inspect its financial books <br />and records upon reasonable notice, during normal working hours. <br />6. Termination for Cause: In the event that the Contractor shall cease to exist as an <br />organization, or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate <br />all or substantially all of its assets, or shall significantly reduce its services, during the <br />term of this Agreement, or in the event that the Contractor shall fail to render a <br />satisfactory accounting as provided herein, then, and in that event, the Town may <br />terminate this Agreement and the Contractor, to the extent permitted by law, will return <br />all payments already made to it by the Town, for services which have not been provided, <br />or of which no satisfactory accounting has been rendered. <br />Revised 3/2008 Page 1 of 3 <br />