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The Arts Center <br />Orange County Community Climate Action Grant Program Performance <br />Agreement Rev. 2/23 Page 1 of 11 <br /> <br />COMMUNITY CLIMATE ACTION GRANT <br />PERFORMANCE AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 15th day of February 2023, (“Effective Date”) by and <br />between the County of Orange, a political subdivision of the State of North Carolina, 200 South Cameron <br />Street, Hillsborough, North Carolina, 27278, ("County") and The Arts Center , a legal entity located at 300- <br />G East Main Street , Carrboro, NC 27510 (“Provider”). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby <br />enhance its availability to residents of the County, and said program addresses an important community <br />equity and climate action need, as identified by the Board of Commissioners; <br /> <br />NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set <br />forth, the County and Provider agree as follows: <br /> <br />1. Term of the Agreement. The term of this Agreement shall be two years beginning – February <br />15, 2023 to February 15, 2025. <br /> <br />2. Scope of Services. <br /> <br />a. Provider will provide services, as outlined in the attached Community Climate Action <br />Grant Program Application and any amendments or revision thereto which is attached as <br />Exhibit “A” and incorporated by reference, to the residents of Orange County. The Scope <br />of Services and the Program Budget may be different from the original application based <br />on County appropriation; however, any revisions or amendments to this Agreement must be <br />approved in writing by the County and attached to this Agreement as Exhibit B. <br /> <br />b. The Provider shall be solely responsible for the means, methods, techniques, sequence, <br />safety program and procedures necessary to properly and fully complete the work set forth <br />in the Scope of Services. <br /> <br />3. Funding. <br /> <br />a. The County agrees to appropriate for the provision of services described in Exhibit A, the <br />Community Climate Action Grant Program Performance Application, Exhibit B, the <br />Revised, Scope of Services and more particularly described in the Revised Program <br />Budget, the maximum sum of $55,000. <br /> <br />b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not <br />used for the purposes stated shall be returned to the County. Any changes in the use of <br />funds must be authorized in writing by the County prior to any expenditure of the funds by <br />the Provider. If the funds are expended not in accordance with the Scope of Services, at the <br />discretion of the County the Provider may be required to repay the funds to the County. <br /> <br />c. The Provider shall be paid in installments in the amount of Exhibit C to be paid as follows : <br />Exhibit C. The first payment is contingent upon receipt of the agency’s performance <br />agreement; the remaining payments are contingent upon receipt of the request for <br />reimbursement, related supporting documentation and performance outlined in the Revised <br />Scope of Services and Project Budget in Exhibit B. If the project described in Exhibit A <br />requires funds to be provided on a different or more accelerated schedule, the Provider may <br />request an alternate payment schedule, which if approved, will be attached to this <br />Agreement as Exhibit C, Alternative Payment Schedule. Should an Alternative Payment <br />DocuSign Envelope ID: C0D5A342-081F-45AE-AA47-729B899D75EC