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7 <br />DRAFT <br />NORTH CAROLINA <br />PERFORMANCE AGREEMENT <br />ORANGE COUNTY <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 Carolina, hereinafter referred to as <br />"Town" and the Orange County-RSVP 55+ Volunteer Program., 2551 Homestead Road, Chapel Hill, North Carolina <br />27516, hereinafter referred to as "RSVP." <br />WITNESSETH <br />That for and in consideration of the mutual promises and conditions set forth below, the Town and RSVP agree: <br />WHEREAS, RSVP provides services to match individuals over 55 years of age with volunteer opportunities in the <br />Chapel Hill community; and <br />WHEREAS, RSVP enhances and promotes public welfare; 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 RSVP agree as follows: <br />TOWN SUPPORT: <br />RSVP agrees to provide the services described in the Work Statement of this Agreement. By resolution 2009- <br />06-22/R-7 the Town Council appropriated the sum of Twelve Thousand Three Hundred Dollars ($12,300) to <br />RSVP for fiscal year 2009-10. The Town does not obligate itself to provide any other support to RSVP this <br />fiscal year or in succeeding years. <br />RSVP agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and employees <br />from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, <br />including death or property damage to any person or persons caused in whole or in part by the negligence or <br />willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of <br />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 RSVP in semi-annual installments at the end of each half-year period in <br />which services were provided, pursuant to the Work Statement attached hereto. Each semi-annual installment <br />will be for Six Thousand One Hundred Fifty Dollars ($6,150). The Town's obligation to make each payment is <br />contingent upon receiving satisfactory documentation and accounting of expenditures as detailed in the attached <br />Work Statement. <br />FINANCIAL RECORDS: <br />RSVP agrees to furnish the Town with semi-annual financial statements as detailed in the attached Work <br />Statement. In addition, RSVP agrees to allow the Town to inspect its financial books and records upon <br />reasonable notice during normal working hours. <br />WORK STATEMENT: <br />RSVP agrees to provide those services described in the Work Statement attached hereto and incorporated herein <br />by reference, to residents of Chapel Hill and to maintain a high level of professionalism in the provision of these <br />