2022-129-E-AMS-Town Of Chapel Hill-Community Climate Action Grant - Tree Planting Program

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Town of Chapel Hill Orange County Community Climate Action Grant Program Performance Agreement Rev. 2/21 Page 2 of 11 Payment Schedule be approved, the Provider will still be required to submit quarterly Progress Reports for the duration of the Term of the Agreement. The County’s obligation to make the quarterly payments is contingent upon receipt of Progress Reports, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Exhibits B and C. d. Once Provider has satisfied its obligations as provided in (c) payment will be made 21 days after receipt of the Progr ess Report and Request for Reimbursement or 21 days after due date of Progress Report whichever is later. e. The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. a. Provider will provide Orange County a Progress Report that includes a fiscal report and updates on performance measures as outlined in the Exhibit B, Revised Scope of Services. Progress Report dates are: April 1 - June 30, July 1 – September 30, October 1 – December 31 and January 1 – March 31. Reports are due on July 15, October 15, January 15 and April 15 of the program fiscal year. b. Provider agrees to allow the County to inspect its financial books and records, which document costs of those services, upon reasonable notice during normal working hours. 5. Termination. a. In the event of any of the circumstances set forth below (hereinafter referred to as “default”), the County may immediately terminate this Agreement, in whole or in part, and from time to time. Notice of termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination: i. In the event that Provider shall cease to exist as an organization or shall enter bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered; or iii. In the event of any fraudulent representation by the Provider in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iv. Nonperformance, incomplete service or performance, or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement, as determined by the County in its sole discretion. v. Failure to adhere to the terms of applicable county, state or federal laws, regulations, or stated public policy. b. In the event of default by the Provider, the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within t en (10) business days DocuSign Envelope ID: 8858BEA8-FD65-4E72-A32A-868C9BDDE075