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F r , <br /> _Please return this Copy to the <br /> Clerk to the Board's office for PAP <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 Orange County through the Department on Aging (Senior Lunch Program), Post Office Box 8181 <br /> Hillsborough,North Carolina 27278,hereinafter referred to as"Senior Lunch Program" or"Contractor." <br /> WITNESSETH <br /> That for and in consideration of the mutual promises and conditions set forth below,the Town and Senior Lunch Program <br /> agree: <br /> WHEREAS,Senior Lunch Program operates the lunch program for senior citizens in the Town of Chapel Hill;and <br /> WHEREAS, Senior Lunch Program, through this program, provides meals, social interaction activities, educational <br /> 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 Agreement. By <br /> resolution 2010-06-21/R-15 the Town Council appropriated the sum of Eighteen Thousand Nine Hundred <br /> Dollars ($18,900)to Senior Lunch Program for fiscal year 2010-2011. The Town does not obligate itself to <br /> provide any other support to Senior Lunch Program this fiscal year or in succeeding years. <br /> Senior Lunch Program agrees to indemnify and hold harmless the Town of Chapel Hill and its officers,agents <br /> and employees from all loss, liability, claims or expense(including reasonable attorneys' fees)arising from <br /> bodily injury,including death or property damage to any person or persons caused in whole or in part by the <br /> negligence or willful misconduct of the Contractor except to the extent same are 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 in semi-annual installments at the end of each half- <br /> 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 the <br /> attached Work Statement. In addition,SENIOR LUNCH PROGRAM agrees to allow the Town to inspect its <br /> financial books and records upon reasonable notice during normal working hours. <br /> WORK STATEMENT: <br /> Senior Lunch Program agrees to provide those services described in the Work Statement attached hereto and <br />