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Cy <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).,2551 Homestead Road,Chapel <br /> Hill,North Carolina 27516,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 <br /> Program: <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 2012-06-2518-5 the Town Council appropriated the sum of Eighteen Thousand Nine Hundred <br /> Dollars($18,900)to Senior Lunch Program for fiscal year 2012-2013, 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 (January 17, 2013 and July 17, 2013) period in which services were provided, pursuant to the Work <br /> Statement attached hereto. Each semi-annual installment will be for Nine Thousand Four Hundred Fifty Dollars <br /> ($9,450). The Town's obligation to make each payment is contingent upon receiving satisfactory documentation <br /> and accounting of expenditures as 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 financial <br /> books and records upon reasonable notice during normal working hours, <br />