HomeMy WebLinkAbout2011-249 Visitors Bureau - Jennings & Company - Marketing Communications ManagementNORTH CAROLINA
ORANGE COUNTY
PROFESSIONAL SERVICES AGREEMENT FOR MARKETING
COMMUNICATIONS MANAGEMENT RENEWAL AGREEMENT
~r~
THIS RENEWAL- AGREEMENT, is made and entered into as of this the 1St
day of July 2011, 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 "Renewal Agreement") effective as of
the 1St day of January 2011; and
WHEREAS, the Renewal Agreement specifies that the Agreement shall
terminate on the 30th day of June 2011 unless the Agreement is renewed in
writing by the parties; and
WHEREAS, the parties desire to renew the Agreement for the period
beginning July 1, 2011 and terminating on December 31, 2011; and
WHEREAS, the parties may enter into a separate agreement in the near
future for services to be provided by the Agency to the CHOCVB during the
2011/2012 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 further amended to permit the
renewal of the Agreement for a period beginning on July 1, 2011 and
terminating on December 31, 2011. The Agreement is hereby renewed
until December 31, 2011.
B
C.
The $3,000 fee per month .shall be paid as the Account Management
Fee.
The following additional "Special Provisions" are hereby incorporated
into Article VI of the Agreement:
6.08 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.
6.09 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.
By: By' 7-Z~~u
Paige Zinn, O Fran Cli on, ty Manager
This in,~en h s been droved as to technical content
~ ~~// ~
Celli,, Department Director
This instrume~it has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act.
C~a~.,w /~, l~-
arence G. Grier, .Finance Director
This i trument has been approved as to form and legal sufficiency
~~+.
Office of h ounty Attorney