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DRAFT <br />NORTH CAROLINA <br />ORANGE COUNTY <br />PERFORMANCE AGREEMENT <br />THIS AGREEMENT, made and entered into by and between the TOWN OF CHAPEL HILL, a North Carolina <br />Municipal Corporation, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North Cazolina, hereinafter referred to as <br />"Town" and the Orange County.Department..on.Aging (Senio>"LunchPsogram).,.Post Office Box 8181, Hillsborough, <br />_. __. <br />North Cazolina 27278, hereinafter referred to as "Senior Lunch Program." <br />WITNESSETH <br />That for and in consideration of the mutual promises and conditions set forth below, the Town and SENIOR LUNCH <br />PROGRAM agree: <br />WHEREAS, SENIOR LUNCH PROGRAM operates the lunch program for senior citizens in the Town of Chapel Hill; <br />and <br />WHEREAS, SENIOR LUNCH PROGRAM, through this program, provides meals, social interaction activities, <br />educational activities and support services to elderly residents of the Town of Chapel Hill; and <br />WHEREAS, it is in the interest of the Town that said program be assisted by the Town and thereby be available to the <br />residents of the Town, and said program addresses an important community human services need, as identified by the <br />Town's Human Services Advisory Board; <br />NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth, the <br />Town and SENIOR LUNCH PROGRAM agree as follows: <br />TOWN SUPPORT: <br />SENIOR LUNCH PROGRAM agrees to provide the services described in the Work Statement of this <br />Agreement. By resolution 2009-06-22/R-7 the Town Council appropriated the sum of Eighteen Thousand Nine <br />Hundred Dollars ($18,900) to SENIOR LUNCH PROGRAM for fiscal yeaz 2009-2010. The Town does not <br />obligate itself to provide any other support to SENIOR LUNCH PROGRAM this fiscal year or in succeeding <br />years. <br />SENIOR LUNCH PROGRAM agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, <br />agents and employees from all loss, liability, claims or expense (including reasonable attorneys' fees) arising <br />from bodily injury, including death or property damage to any person or persons caused in whole or in part by <br />the negligence or willful misconduct of the Contractor except to the extent same aze caused by the negligence or <br />misconduct of the Town. <br />Non-Discrimination: The Contractor shall administer all functions without discrimination because of race, <br />creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. <br />PAYMENT AND DOCUMENTATION: <br />The appropriation shall be paid to SENIOR LUNCH PROGRAM insemi-annual instalhnents at the end of each <br />half-year period in which services were provided, pursuant to the Work Statement attached hereto. Each semi- <br />annual installment will be for Nine Thousand Four Hundred Fifty Dollars ($9,450). The Town's obligation to <br />make each payment is contingent upon receiving satisfactory documentation and accounting of expenditures as <br />detailed in the attached Work Statement. <br />FINANCIAL RECORDS: <br />SENIOR LUNCH PROGRAM agrees to furnish the Town with semi-annual financial statements as detailed in <br />the attached Work Statement. In addition, SENIOR LUNCH PROGRAM agrees to allow the Town to inspect <br />its fmancial books and records upon reasonable notice during normal working hours. <br />WORK STATEMENT: <br />