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3 <br /> STATE OF NORTH CAROLINA <br /> COUNTY OF ORANGE PERFORMANCE AGREEMENT <br /> OPERATIONAL SUPPORT <br /> This Contract is made and entered into by and between the"Town of Chapel Hill",herein"Town", <br /> and "Orange County by and for Chapel Hill/Orange County Visitors Bureau, 501 West Franklin <br /> Street, Suite 104, Chapel Hill,NC 27516",herein"Contractor", for services hereinafter described <br /> for the Town of Chapel Hill. This Contract is for monetary support for operation of visitor's center <br /> in Chapel Hill. <br /> WITNESSETH <br /> That for and in consideration of the mutual promises and conditions set forth below,the Town and <br /> Contractor agree: <br /> 1. Duties of the Contractor: The Contractor agrees to perform those duties described in <br /> Exhibit A attached hereto and incorporated herein by reference. <br /> 2. Duties of the Town: The Town appropriated the sum of Two Hundred Thousand Dollars <br /> ($200,000) to the Contractor for the fiscal year 2021-2022. The Town will also pay the <br /> Contractor 50% of any additional revenues collected in the even that hotel/motel <br /> occupancy receipts exceed the budgeted amount of$1,000,000 during the Town's fiscal <br /> year 2021-2022. The town does not obligate itself to provide any other support to <br /> Contractor this fiscal year or in succeeding years. <br /> 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed $200,000. Unless <br /> occupancy receipts exceed $1,000,000 (see paragraph 2). Payments of$50,000 each will <br /> be made on or after the following dates: July 1, 2021; October 1, 2021; January 1, 2022; <br /> and April 1, 2022. The Town's obligation to make each payment is contingent upon <br /> receiving satisfactory documentation and account of expenditures as detailed in Exhibit A. <br /> 4. Billing and Pam: The Contractor shall submit a bill to the Town for work performed <br /> under the terms of this Contract. The Contractor shall bill and the Town shall pay the rates <br /> set forth therein. Payment will be made by the Town within thirty (30) days of receipt of <br /> an accurate invoice, approved by the contact person or his/her designee. <br /> 5. Indemnification and Hold Harmless: To the extent authorized by law, Contractor agrees <br /> to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and <br /> employees from all loss, liability, claims or expense (including reasonable attorneys' fees) <br /> arising from bodily injury, including death or property damage to any person or persons <br /> proximately caused in whole or in part by the negligence or willful misconduct of the <br /> Contractor arising out of or related to the Contract, except to the extent same are caused by <br /> the negligence or misconduct of the Town. <br /> Small Service Contract Revised 9/2019 Page 1 of 6 <br />