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Home My WebLink About2010-170 Visitors Bureau - Town of Chapel Hill comprehensive visitor services..,,~ ~ STATE OF NORTH CAROLINA COUNTY OF ORANGE PERFORMANCE AGREEMENT This Agreement, made and entered into by and between the Town of Chapel Hill, herein "Town", and Orange County by and for its 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 between the Town of Chapel Hill and Orange County by and for its Chapel Hill/Orange County Visitors Bureau for a comprehensive visitor services program targeted toward_ providing services to potential visitors to Chapel Hill and Orange County for FY 2010-11. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: Duties of the Contractor: The Contractor shall operate a comprehensive visitor services program targeted toward providing services to potential visitors to Chapel Hill and Orange County. The Contractor shall use Town funds for general operational support and to provide visitor services. The Contractor will participate in discussions with the Town's Economic Development Committee to define the appropriate roles and responsibilities of the Contractor in the Town's economic development strategy in consideration of this payment. 2. Duties of the Town: The Town has appropriated the sum of One Hundred Fifty Thousand Dollars ($150,000) to the Contractor for the fiscal year 2010-2011. The Town does not obligate itself to provide any other support to the Contractor this fiscal year, nor in any succeeding year. It is expressly noted that the $20,000 base increase in funding this year over the prior fiscal year is a one-time only increase and it is not expected that this increase will be included in future years' Performance Agreements. 3. Fee Schedule and Maximum Sum: Payments of $3 7,500 each will be made on or after the following dates: July 1, 2010; October 1, 2010; January 1, 2011; and April 1, 2011. 4. Billing and Payment: The Contractor shall bill and the Town shall pay the rates set forth herein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee. 5. Financial Records: The Contractor agrees to allow the Town to inspect its financial books and records upon reasonable notice, during normal working hours. 6. Termination for Cause: In the event that the Contractor shall cease to exist as an organization, or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate Revised 7/2010 Page 1 of 3 ~,.-. all or substantially all of its assets, or shall significantly reduce its services, during the term of this Agreement, or in the event that the Contractor shall fail to render a satisfactory accounting as provided herein, then, and in that event, the Town may terminate this Agreement and the Contractor, to the extent permitted by law, will return all payments already made to it by the Town, for services which have not been provided, or of which no satisfactory accounting has been rendered. 7. Insurance Provisions: The Town requires evidence of Contractor's current valid insurance (if applicable) during the duration of the named project 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. Workers' 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. Indemnification and Hold Harmless: The Contractor 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 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. 9. Non-Discrimination: The Contractor shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 10. Federal and State Legal Com liance: The Contractor must be in full compliance with all federal and state laws, including those on immigration. 11. Amendment: This Agreement may be amended in writing by mutual agreement of the Town and Contractor. 12. Term: This Agreement, unless amended as provided herein, shall be in effect until June 30, 2011. Revised 7/2010 Page 2 of 3 . ,~ ' This Contract is between the Town of Chapel Hill and Orange County by and for its Chapel Hill/Orange County Visitors Bureau for a comprehensive visitor services program targeted toward providing services to potential visitors to Chapel Hill and Orange County for FY 2010- 11. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. ORANGE COUNTY VISITOR'S BUREA,I County Manager Attest: Clerk S ti~'< 4 fi tip s;,` t°~ TOWN OF CHAPEL HILL u.eQ ASSISTANT/DEPUTY/ WN MANAGER ATTEST BY TOWN CLERK: .--~ a. , 7,,,,,_ C.~k k. T WN LERK and for its CHAPEL HILL/ORANGE COUNTY 7~/i'~D # to~' ~ ~ o.~ t ~, °~ .; .:~' ~. ~ti~~ TOWN S~1/•~ ~ ~~^ Town Clerk attests date this the 1 1 day of , 20 ~~ Approved as to Form and Authorization D ~ < x TO ATTORNEY This trol pre-audited in the mannEr required by the Local Government Budget 8 /~ ~ /~~ FINfYNCE OFFICER P r,~~ ON DIRECTOR Revised 7/2010 Page 3 of 3