Agenda 8-s - Performance Agreement Between the Town of Chapel Hill and Visitors Bureau

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Small Service Contract Revised 10/2017 Page 1 of 6 STATE OF NORTH CAROLINA PERFORMANCE AGREEMENT COUNTY OF ORANGE OPERATIONAL SUPPORT This Contract is made and entered into by and between the “Town of Chapel Hill”, herein “Town”, and the “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 monetary support for operation of a visitor’s center in Chapel Hill. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: WHEREAS, the 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; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth, the Town and Contractor agree as follows: 1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference. 2. Duties of the Town: The Town appropriated the sum of Two Hundred Thousand Dollars ($200,000) to the Contractor for the fiscal year 2018-2019. 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 $1,000,000 during the Town’s fiscal year 2018-2019. The Town does not obligate itself to provide any other support to Contractor this fiscal year or in succeeding years. 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed $200,000, unless occupancy receipts exceed $1,000,000 (see paragraph 2). Payments of $50,000 each will be made on or after the following dates: July 1, 2018; October 1, 2018; January 1, 2019; and April 1, 2019. The Town’s obligation to make each payment is contingent upon receiving satisfactory documentation and account of expenditures as detailed in Exhibit A. 4. Work Statement: Contractor agrees to provide those services described in Exhibit A attached hereto and incorporated herein by reference, to residents and visitors of Chapel Hill and to maintain a high level of professionalism in the provision of these services. 3