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HomeMy WebLinkAbout2016-467-E Visitors Bureau - Rob Stern - Sales Consultant DocuSign Envelope ID: 3F9F94BA-BDDD-4730-80D6-0A89086C8BFF [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of September, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Rob Stern(the"Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Sales Consultant The term of this agreement rendered shall be from September 1, 2016 to February 28, 2017. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Seventy- two Hundred Dollars, ($7,200). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at Revised 6/16 1 DocuSign Envelope ID: 3F9F94BA-BDDD-4730-80D6-0A89086C8BFF http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 2 DocuSign Envelope ID: 3F9F94BA-BDDD-4730-80D6-0A89086C8BFF IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: ,. —DocuSigned by: By: 1561A l uit, lka mt,v'St By: PI, gun , Co 6Macfa•_e477... Title:\----A>Adl?47CF9 su1tant 200 S. Cameron St. Rob Stern P.O. Box 8181 PO. Box 80487 Hillsborough,NC 27278 Raleigh,NC 27623 Revised 6/16 3 DocuSign Envelope ID: 3F9F94BA-BDDD-4730-80D6-0A89086C8BFF ORANGE COUNTY-DEPARTMENT USE ONLY Department Party/Vendor Name: Rob Stern Party/Vendor Contact Person: Rob Stern Contact Phone: 571-238-0876 Party/Vendor Address: PO Box 80487 City Raleigh State: NC Zip: 27623 Department: Economic Development- Visitors Bureau Amount: $7,200 Purpose: Sales Consultant Budget Code(s): 37600520-685000 Vendor#N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date September 1,2016 Approved by Board Yes❑No❑ Agenda Date: This agreement is approved as to technical form and content: (Al DocuSigned by: Department Director's Signature U^ `L pahuut Date: 8/18/2016 --258D866A2CB4422... Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: DocuSigned""by: ''11i1 Office of the Risk Management Officer QUSa �,Orvu X16 Date: 8/18/2016 �---7FDCF9176800498... Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by. Office of the Chief Financial Officer 8/18/2016 �R.uy osr�losz Date: `---7D4E5181ACC1409... Legal Services This agreement is approved as to legalo ey ficiency: Office of the County Attorney jb �� Date: 8/19/2016 �----EAA3D33ED8A8465... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 6/16 4 DocuSign Envelope ID: 3F9F94BA-BDDD-4730-80D6-0A89086C8BFF Scope of Work and Responsibilities JOB TITLE: Rob Stern,will serve as the(contracted) Sales Consultant for the Chapel Hill/Orange County Visitors Bureau,beginning September 1, 2016,reporting to the Executive Director, Laurie Paolicelli; with ongoing communications and interaction with Marlene Barbera, Director of Sales. Rob Stern Rob Stern was Director of Information Services for Destination Marketing Association International, from 2003-2010. DMAI represents convention and visitors bureaus around the world. He has also served as Information Specialist to the American Hotel&Lodging Association, and was a travel agent for the American Automobile Association for almost four years. His other travel industry positions include Historic Hotels of America and the American Resort Development Association. Rob began his tourism career at Betsy Ross Tours, a Washington, DC tour operator. Rob has visited all 50 U.S. states, Europe, Asia, South America and the Caribbean;he has first-hand knowledge of many destinations. Currently Rob resides in Raleigh,NC and has launched a travel related business: rob(7robplansyourtrip.com www.robplansyourtrip.com SCOPE OF JOB • In his role as Sales Consultant, Rob will be responsible for targeting new overnight business for Orange County with an emphasis on the Washington DC market. The role will include finding and targeting viable clients to promote Orange County's meeting facilities • Stern will be compensated$1200 a month,with a six month review taking place on March 1, 2017. • The$1200 consultancy fee includes gas and cell phone use plus $1,000 for hours • Sales reports to the Executive Director will be issued monthly, in addition to a weekly recap. • Stern's approach will be to organize his existing leads and will learn from the Visitors Bureau's Sales System and Marlene Barbera,who is already in our database, so we make sure there is no overlap. • Stern will focus on national associations and the Federal government prospects. • In his role as owner/operator of his own travel company, RobPlansYourTrip.com, Stern will use opportunities he is currently immersed in(including travel to national conferences)to prospect for Chapel Hill and Orange County. • The goals of this role are information gathering,prospecting and lead generation. It is agreed that a qualified prospect is a client that has specific dates identified for;meeting/conference, planning process and decision dates. DocuSign Envelope ID: 3F9F94BA-BDDD-4730-80D6-0A89086C8BFF Being part of the Chapel Hill/Orange County sales team, Rob Stern, Sales Consultant,will be given a tours of Orange County's hotel properties, an introduction to local General Managers,business cards and collateral marketing materials for potential clients. RESPONSIBILITIES 1. Targeting new accounts,with emphasis in Washington DC, including associations and Federal government agencies. 2. Cross-selling hotel and conference facility products to all accounts,using video and online technology where possible. 3. Pro-active prospecting of conference sales to deliver new business. Calls to corporations and associations, site visits at agency offices,meetings at area hotels. 4. To deliver potential qualified new clients to the Bureau, including prospecting current Washington DC area associates on future business needs. 5. Pro-active management of new contacts to the Bureau, generating new leads,prospecting calls. 6. To establish potential new sales opportunities from the Washington DC and related markets for all Hotels in Orange County and respond positively to such opportunities. 7. Maintain detailed productivity reports of sales calls/activities. 8. Provide support,if needed,within the Bureau's sales department to maximize sales and limit any loss of opportunity. 9. To accurately record in IDSS all customer inquiries and prospecting information,maintaining account files and records. 10. Record and deal with all customers' comments in a positive manner and take appropriate follow up action,turning any negative customer experiences into positive ones and involving the Visitors Bureau sales director if any conflict arises. 11. Develop a good knowledge of the local area and local competitors to enhance services provided to the guests. 12. Be aware of hotel strategies when handling inquiries to maximize occupancy and rooms profitability for accommodation& conference, ensuring a good understanding of departmental budgets/targets. e. —DocuSigned by: r41, S sales consultant 8/18/2016 ---2133F3F177BF480... Rob Stern Title Date