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HomeMy WebLinkAbout2014-656-Visitor Bureau-Social media project [ Departmental Use Only] TITLE Social Media Project FY 2013 - 14 ORANGE COUNTY j CONTRACT UNDER $ 1 , 000 . 00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of February, 2014 , ("Effective Date ") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the " County " ), party of the first part; and Rachael Benedict (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 and/or construction (hereinafter referred to collectively as " Services ") to be furnished under this Agreement are as follows : Social Media services to include posting events, photos, contests , chats on Facebook, Twitter, Pinterest, and any other social medium deemed relevant with the prior approval of the Chapel Hill/Orange County Visitor Bureau Executive Director . The term of this agreement rendered shall be from March 1 to April 30 , 2014 with option to renew as agreed upon by each party , Provider is qualified to perform and fully capable of performing and Provider represents and agrees that 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 i 1 . Pam : 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 eight hundred dollars , ( $ 800 . 00) . 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 Provider, 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 Last modified 9/ 13 1 + 1 be required by Owner ' 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 htt : //oran eg countync . gov/purchasing/contracts . asp ) . If Owner ' s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here 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 Owner' s Risk Manager , 5 . Indemni : 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 in carrying out Provider ' s duties and obligations related to the Services to be provided in this Agreement . 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 . 7 . Entire Agreement : 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 . Modifications may be evidenced by telefacsimile signature . 8 . GoverningLBoth parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina . 9 . &Veri Pursuant to the terms of North Carolina General Statute 153A449 (b) no county may enter into a contract with a contractor unless the contractor and the contractor ' s subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes . Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider ' s breach of this Agreement . By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes . L 10 . 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] Last modified 9/13 2 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the da s wri n bove . GRAN ECOUNT PR BIDER eWA G L y • - D pa ent Virector itle : Gam/ d', �t se"ve /icz 200 C eron St . 3337 Country Pine Lane P . O . Box 8181 Efland, NC 27243 Hillsborough, NC 27278 --- --- This instrument has been pre -audited in the manner required by t Local Government Budget and Fiscal Control Act . Office of the Chief Financial Officer Rficeof nt has been approved as to form and legal sufficiency . County ttorney i c ; Last modified 9/13 3 } I I Vi i 0 a nge County smtovi?qs Laurie Paolicelli , Executive Director ( 919 ) 96 & 2064 1paolicelli@visitchapelhill . org 501 W . Franklin Street, Chapel Hill , NC 27516 E F I' To : Rachael Benedict From : Laurie Paolicelli , Director, Orange County Visitors Bureau Re : $ 800 project fee for social media j i Rachael , I 4 C 4; Thanks for working with us to pump - up our social media plan in March and April . It has gotten a bit stale since you left us and even though I am good at Facebook, I am not great . We are getting better but it needs a Rachael overhaul . The below items are what I ' m hopeful for and I look forward to talking with you more . k, c c: Twitter I think we need to bail on that Orange County handle . It' s not getting us anywhere and our last board analysis showed us that we need a Chapel Hill handle . Visit Chapel Hill was taken if I remember correctly . Is there any way to find out who owns that ? i r If we can ' t get it, let' s talk about how to change that . For example , can we get "VisitChapelHill NC" or maybe "VisitChapelHillOrangeCounty . " E C: Then we need to determine how to get our followers to join us but I don ' t think it will be that hard , even I ' if we have to start at ground floor . I ' d like to figure out a contest to engage Twitter friends . I ' d like to see if they would tweet us leads as to groups or events, conferences that we could seek to meet in Chapel Hill/Orange County . For every lead that we get, we will put the name in a bowl and draw for a Roy Williams signed BB and dinner for two at Carolina Inn . What do you think ? Also , we could run another contest that asks people their favorite BBQ Sauce ? Salsa ? Place to get Shrimp and Grits ? As far as tweets, we are not terrible ( Personally I ' m pretty good at lauripaolicelli ) But we need to tweet more on these subjects : Serving Chapel Hill , Carrboro and Hillsborough North Carolina Visitors Orange County Laurie Paolicelli , Executive Director ( 919 ) 968 - 2064 1paolicelli@visitchapelhill . org 501 W . Franklin Street, Chapel Hill , NC 27516 i i Great meals at select restaurants ( coney at Suttons; veggie burger at AI ' s, Philly Cheesesteak at IP3 , etc ) . i And we need to include a few photos now and again that just say, " Hillsborough is a Happening Place . " i " Be openly Carrboro . " " Proud to be a Tar Heel . " c Pinterest : is I ' d like to add spring photos and maybe some other stuff? r' Chapel Hill florals ? Restaurants ? Nightclubs ? k r Facebook : G i I ' m fairly competent there but I ' d like to post a few updates that ask questions . . . . . . . . . . . c, i h Engaging the audience more . . . . What was the first game that Dean Smith coached at Carolina ? What is the state flower of NC and please submit a photo What year did UNC' s Women ' s Soccer team go to the Olympics ? E i' E Last, I ' d like to create a new flier that we can convert to JPEG and post on our site . r: i Serving Chapel Hill , Carrboro and Hillsborough North Carolina ■ ■ V L i Orange Counjt isHmors 1jureau Laurie Paolicelli , Executive Director ( 919 ) 96 & 2064 j 1paolicelli@visitchapelhill . org 501 W . Franklin Street, Chapel Hill , NC 27516 i i f C You Haven ' t Done Orange County, until you ' ve done these dozen things : I E 1 . A biscuit at Sunrise 2 . Lunch at Sutton ' s 3 . A drink from the Old Well 4 . Shrimp and Grits 5 . Eastern BBQ sauce 6 . Coffee at Open Eye 7 . A biscuit from Saratoga in Hillsborough 8 . A visit to a historic home in Hillsborough ( open to the public ) 9 . A keepsake from Southern Season 10 . A Tar Heel blue something . . . cap, shirt, secret memory ' 11 . Knowledge of at least one mural painted on the buildings throughout the county I 12 . Sun g the " Hark the Sound " song even if it' s too yourself Finally, h As spring approaches I ' d like to post a small story on the trees around here , with a few photos . !' I ' m hopeful you can help me with that . We ' d need about 300 words on the trees that people see on our main streets, in our parks and neighborhoods . Even if we lift it from the Botanical Garden site . . . people always ask us what trees they see around here and I don ' t know ) Thanks so much . r i I ' i I` i' is I Serving Chapel Hill , Carrboro and Hillsborough North Carolina