2020-077 County Manager - Town of Chapel Hill Veterans Memorial performance agreement

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STATE OF NORTH CAROLINA PERFORMANCE AGREEMENT ORANGE COUNTY FOR ORANGE COUNTY VERTERANS MEMORIAL THIS PERFORMANCE AGREEMENT, made and entered into by and between the Town of Chapel Hill, a North Carolina Municipal Corporation, 405 Martin Luther King, Jr. Boulevard, Chapel Hi11, North Carolina, hereinafter referred to as the"Town"and Orange County,Post Office Box 8181,Hillsborough,NC 27278 hereinafter referred to as "Orange County Veterans Memorial"or"Contractor." WITNESSETH WHEREAS,Orange County Veterans Memorial brings elements of the Orange County community together to build a community memorial that honors those who have served their country,especially the citizens of Orange County;and WHEREAS,Orange County Veterans Memorial enhances and promotes public welfare;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 of the Town,and said program addresses an important community service as identified by the Chapel Hill Town Council;and NOW,THEREFORE,in consideration of the above and the mutual covenants and conditions hereinafter set forth,the Town and Orange County Veterans Memorial agreed as follows: TOWN SUPPORT; Orange County Veterans Memorial agrees to provide the services described in the Scope of Services attached to this Agreement as Exhibit A and incorporated herein by reference. The Town allocated the sum of Five Thousand Dollars for fiscal year 2019-2020. The Town does not obligate itself to provide any other support to Orange County Veterans Memorial this fiscal year or in succeeding years. VOLUNTARY AGREEMENT NOT TO DISCRIlVIINATE.: Orange County Veterans Memorial agrees to administer all functions without discrimination because of race, creed,sex,national origin,age,economic status,sexual orientation,gender identity or gender expression. INDEMNIFICATION AND HOLD HARMLESS: Orange County Veterans Memorial 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 proximately 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- INSURANCE PROVISIONS: The Town requires evidence of Orange County Veterans Memorial current valid insurance during the duration of this Agreement and further requires that the Town be named as an additional insured. The required coverage limits are$1,000,000 per occurrence for Comprehensive General Liability and Business Automobile. Worker's Compensation coverage requirements are$100,000 for both employer's liability and bodily injury by disease for each employee and$500,000 for the disease policy limit. If the agency is doing direct work with minors(individuals under the age of 18)the Town requires coverage for claims related to Sexual Abuse&.Molestation,with coverage limits of$1 million for each Occurrence and$2 million Aggregate, If the agency is transmitting personal identifiable information,or protected health information and disseminating it electronically,the Town requires Cyber liability coverage,with coverage limits of$1 million Each Occurrence and$2 million Aggregate.