HomeMy WebLinkAbout2010-169 VB - Jennings & Company - Marketing Communication Management Renewal Agreement NORTH CAROLINA
ORANGE COUNTY
PROFESSIONAL SERVICES AGREEMENT FOR MARKETING
COMMUNICATIONS MANAGEMENT RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT, is made and entered into as of
this the 1st day of July, 2010, by and between Orange
County, North Carolina, 200 S. Cameron Street,
Hillsborough, North Carolina, (the "County") for and on
behalf of The Chapel Hill/Orange County Visitors Bureau
(hereinafter "CHOCVB") and Jennings & Company, 104 A North
Elliott Road, Chapel Hill, North Carolina 27514,
(hereinafter "Agency") .
WHEREAS, the Parties hereto have entered into that
certain Professional Services Agreement (the "Agreement")
effective as of the 1st day of July 2009; and
WHEREAS, Article 5 . 01 of the Agreement specifies that
the Agreement shall terminate on June 30, 2010 unless the
Agreement is renewed in writing by the parties prior to the
expiration of the initial term; and
WHEREAS, the parties desire to renew the Agreement for
the period beginning July 1, 2010 and terminating on
December 31, 2010; and
WHEREAS, the parties intend to enter into a separate
agreement in the near future for services to be provided by
the Agency to the CHOCVB during the 2010/2011 fiscal year.
NOW THEREFORE, in consideration of the mutual
covenants and considerations hereinafter set forth, the
parties hereto agree as follows :
A. Article 5 . 01 of the Agreement is hereby amended to
permit the renewal of the Agreement for a period
beginning on July 1, 2010 and terminating on December
31, 2010 . The Agreement is hereby renewed until
December 31, 2010 (the "Renewal Term. ")
B. The $3, 000 fee per month shall be paid as the Account
Management Fee.
C. The following additional "Special Provisions" are
hereby incorporated into Article VI of the Agreement:
6. 09 Agency is an independent contractor of the
County. Agency represents that it has or will secure,
at its own expense, all personnel required in
performing the services under this Agreement. Such
personnel shall not be employees of or have any
contractual relationship with the County. All
personnel engaged in work under this Agreement shall
be fully qualified and shall be authorized or
permitted under state and local law to perform such
services . It is further agreed by Agency that it
shall obey all State and Federal statutes, rules and
regulations which are applicable to provisions of
the services called for herein. Neither Agency nor
any employee of the Agency shall be deemed an officer,
employee or agent of the County.
6. 10 Agency shall obtain, at its sole expense, all
insurance as required by the County' s Risk Manager and
shall not commence work until such insurance is in
effect and certification thereof has been received by
the County' s Risk Manager. Such insurance shall name
the County as Additional Insured under both General
Liability and Auto Liability policies.
6. 11 Agency agrees to defend, indemnify, and hold
harmless the County, for all loss, liability, claims
or expense (including reasonable attorney' s 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 misconduct of
the Agency, except to the extent same are caused by
the negligence or willful misconduct of the County.
It is the intent of this section to require Agency to
indemnify the County to the extent permitted under
North Carolina law.
D. All other terms of the Agreement shall remain in full
force and effect .
IN WITNESS WHEREOF, the parties hereto intending to be
mutually bound hereby have caused this instrument to be
duly executed by their authorized representatives as of the
day and year first above written.
ORANGE COUNTY
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By: � /
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JENNINGS, COMPANY
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Pa ge inn, �•
This instrument has been pre-audited in the manner required
by the Local Government Budget and Fiscal Control Act .
elfavi,„
FINANCE OFFICER