2013-001 Visitors Bureau - Town of Chapel for Visitor Services $175,000

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2,© 13 _ 00 1 _Please return this copy to VO Clerk to the Board's office for PAF NORTH CAROLINA PERFORMANCE AGREEMENT ORANGE COUNTY THIS AGREEMENT made and entered into the by and between the TOWN OF CHAPEL HILL,a North Carolina Municipal Corporation, 405 Martin Luther King Jr. Boulevard, Chapel Hill,North Carolina 27514,hereinafter referred to as"Town"and Chapel Hill/Orange County Visitors Bureau, 501 West Franklin Street, Suite 104, Chapel Hill, NC 27516, herein "Contractor" for services hereinafter described for the Town of Chapel Hill. This contract is for a comprehensive visitor services program targeted toward providing services to potential visitors to Chapel Hill and Orange County for FY 2012-13. WHEREAS, Contractor agrees to provide a comprehensive visitor services program targeted toward providing services to potential visitors to Chapel Hill and Orange County; and WHEREAS, the Contractor shall use Town funds for general operational support and to provide visitor services; and WHEREAS, it is in the interest of the Town that said program be assisted by the Town and thereby be available to the residents and visitors of the Town; WITNESSETH NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth,the Town and Contractor agree as follows: 1. Town Support: Contractor agrees to provide the services described in the Work Statement of this Agreement. By resolution 2012-06-25/0-6.1 the Town appropriated the sum of One Hundred Seventy Five Thousand Dollars ($175,000)to the Contractor for the fiscal year 2012- 2013. The Town will also pay the Contractor 50% of any additional revenues collected in the event that hotel/motel occupancy receipts exceed the budgeted amount of$950,000. The Town does not obligate itself to provide any other support to Contractor this fiscal year or in succeeding years. 2. Hold Harmless: Contractor agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town. 3. Non-Discrimination: The Contractor shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.