Loading...
HomeMy WebLinkAbout2023-587-E-Visitors Brueau-Destination Analysts-Website Usability StudyRevised 04/23 1 [Departmental Use Only] TITLE Destination Analysts FY 2023-2024 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this fourteenth day of August, 2023, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Destination Analysts, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Website Usability & User Experience Study ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See Exhibit A 4. Duration of Services a. Term. The term of this Agreement shall be from August 14, 2023 to December 31, 2023. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be August 14, 2023. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed twenty eight thousand five hundred Dollars ($28,500). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Laurie Paolicelli) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 4 7. Insurance a. General Requirements. 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 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 cyber liability insurance (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. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 5 but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are 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 identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 6 County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy 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. d. 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. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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 or 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 or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 7 i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Laurie Paolicelli/CHOCVB Destination Analysts P.O. Box 8181 1304 Lombard St. Suite 8 Hillsborough, NC 27278 San Francisco, CA 94109 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Revised 04/23 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Kimberly Vince-Cruz, Senior Vice President Printed Name and Title DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C 8/15/202310/16/2023 Revised 04/23 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Destination Analysts Vendor Contact Person: Courtney Foste Phone: courtney@destinationanalysts.com Address: 1304 Lombard St. Suite 8 City San Francisco State: CA Zip: 94109 Department: Econ Dev./Visitors Bureau Amount: $28,500 Purpose: Website Usability Study Budget Code(s): 37600520-600000 Vendor # N/A Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 08/14/2023 End Date 12/31/2023 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C 8/15/2023 10/12/2023 10/13/2023 10/13/2023 10/16/2023 Revised 04/23 10 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C CHAPEL HILL | ORANGE COUNTY WEBSITE USABILITY RESEARCH Exhibit A DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C TERMS AND CONDITIONS •The two parties to this agreement are Destination Analysts, Inc. (1304 Lombard St. #8, San Francisco, CA 94109) and Chapel Hill/Orange County Visitors Bureau (308 West Franklin Street, Chapel Hill, NC 27516) •Under this agreement, Destination Analysts will provide the research services as described in the following proposal/scope of work document. •Destination Analysts, its officers, agents, employees and subcontractors shall not, in no event or under any circumstances, be liable to Chapel Hill/Orange County Visitors Bureau or any other person whose rights or claim may arise through Chapel Hill/Orange County Visitors Bureau for any loss, injury or damage, including consequential damages, that Chapel Hill/Orange County Visitors Bureau or any other person may sustain by reason of the provision, application or use in any manner of the data or services furnished by Destination Analysts. No person, firm or entity shall be a third person beneficiary of this agreement. Chapel Hill/Orange County Visitors Bureau shall indemnify Destination Analysts, except in the event of gross negligence, and hold Destination Analysts harmless from and against any expense, damage or award, including reasonable attorney’s fees, incurred by Destination Analysts arising from Chapel Hill/Orange County Visitors Bureau’ use, release or publication of Destination Analysts’ data or services to any third party. •Both parties acknowledge that any and all data collected under the scope of work is the intellectual property of Destination Analysts. Destination Analysts agrees to only use the data collected under the scope of work for the research project outlined within said scope and for no other purposes. •Any and all use, release or publication of the Destination Analysts name and logo must first receive clear and explicit consent from Destination Analysts. •Destination Analysts’ work product is the intellectual property of Destination Analysts. Work product includes surveys, discussion guides, presentations and reports. Client agrees not to share use or publish Destination Analysts work product without the explicit consent of Destination Analysts unless required by law. •Chapel Hill/Orange County Visitors Bureau agrees to pay Destination Analysts, Inc. a total project fee of $28,500. Half will be invoiced upon receipt of signed scope of work and the remaining half will be invoiced upon delivery of the draft report of findings. A finance charge of 1.5%, 18% annually, will be charged on all balances 30 days past the invoice date. Authorized signature & date Authorized signature & date Name Erin Francis-Cummings Title President & CEO Chapel Hill/Orange County Visitors Bureau Destination Analysts I understand and accept the above terms of purchase for Destination Analysts’ research services. I will serve as the initial point of contact for Chapel Hill/Orange County Visitors Bureau regarding the scheduling of consulting services to be provided. Chapel Hill/Orange County Visitors Bureau | Website Usability Research SOW#2180 Type Research Approach Project Cost Website Usability Research Website Intercept Survey $28,500 DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C DEEP | ACTIONABLE | DEFENSIBLE | TIMELY ABOUT DESTINATION ANALYSTS DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Destination Analysts is a full-service market research company that provides destination marketing organizations and the greater travel, tourism and hospitality industry with a breadth of insights. Founded by DMO veterans, Destination Analysts has provided destinations with tourism research services for nearly two decades. With a small and nimble team fluent in the travel industry’s political challenges, we pride ourselves on taking the most conservative approach in our estimations and ensuring that our clients can be fully confident in their results. Providing fully custom, built from the ground up research, Destination Analysts strives to act as an extension of your team and is committed to providing analysis that will contribute to your destination’s success. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C THE BEST RESEARCH IS DESIGNED FROM DIVERSE PERSPECTIVES. Destination Analysts makes marketing travel and tourism easier and contributes to travel as a force of good in the world through collecting data and providing travel intelligence that illuminate and guide in smart, considerate and sustainable tourism strategies.Travel experiences can provide joy, rejuvenation, understanding and connection which we believe can benefit and should be available to all humans, no matter their culture, race, ethnicity, gender or identity. We are committed to leveraging the power of diversity to unlock the best in each of us and support travel’s power as a mechanism for togetherness. We will foster an inclusive environment through respect, collaboration, and open communication, and will support effecting change with active recruitment, mentorships, and industry support. Destination Analysts is proud to have these voices: o Woman -run company o Black American o Asian American Pacific Islander o LGBTQ+ DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Female, 67% Male, 33%Gender Caucasian/ White, 42% Asian/ Pacific Islander, 41% Black/African American, 17% Racial Identity Gen Z, 25%Millennial, 41% Gen X, 17% Baby Boomer, 17% Generation Immigrants/ First Generation, 33% Immigrants/ First Generation THE DESTINATION ANALYSTS TEAM: BY THE NUMBERS DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C CORPORATE INFORMATION Destination Analysts has offices in San Francisco, CA, Los Angeles, CA; Denver, CO; Miami, FL; Buffalo, NY; Portland, OR and St. Petersburg, FL. You can find us online at DestinationAnalysts.com And on social media at: @DA_Research @DestinationAnalystsIndustry @DestinationAnalysts @Destination-Analysts-Inc DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C A GLOBALLY TRUSTED SOURCE FOR THE LATEST TRAVEL TRENDS RESEARCH “With signs that summer travel will be busy — more than 75 percent of those recently surveyed in a weekly analysis by the market research firm Destination Analysts said they planned to travel in the next three months alone.” “Research from Destination Analysts shows that nearly a third of those traveling soon plan to visit outdoor-oriented destinations where social distancing is built into the experience. Not only are eco-friendly lodges and wellness resorts seeing growing interest now, but these travel trends may remain long after the pandemic.” “Destination Analysts, has been conducting weekly surveys gauging traveler sentiment. In their early March installment, more people said they felt “very confident” or “confident” that they can currently travel safely than said they feel “not very” or “not at all” confident.” “According to January 2021 survey results from Destination Analysts, a travel and tourism market research firm, half of respondents reported they plan to return to their pre- pandemic traveling levels once they receive the vaccine.” “Erin Francis-Cummings, the researcher from Destination Analysts, said that while every American likely could use a good getaway at this point in the coronavirus pandemic, the best decision for some might just be to stay put, or to do what the Reichels did, cancel and hope to travel another time.” “The market research firm Destination Analysts found in a recent Coronavirus Travel Sentiment Index Study, a weekly survey of 1,200 Americans, that only 28 percent expected to travel for the holidays, including both Thanksgiving and Christmas. In the same survey, 53 percent said they had traveled for the holidays last year.” DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C 9 RENOWNED INDUSTRY WORK In addition to our custom work on behalf of our partners in the greater travel, tourism and hospitality industry, Destination Analysts conducts the The State of the American Traveler TM, a monthly tracking survey of American travelers that provides timely insights into their sentiment, behaviors, preferences and travel motivations. We also conduct and The State of the Global International Traveler TM—the industry’s premier study for tracking international traveler sentiment and global destination brand performance —as well as the annual The CVB and the Future of the Meetings Industry Study for the greater meetings industry. Destination Analysts also partners with the US Travel Association on American vacation trends and PTO usage. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C What makes Destination Analysts unique? Our team – we are a diverse team made up of different voices and we approach our research from multiple perspectives Our independent research is a trusted source of consumer sentiment We are led by two DMO industry veterans who understand the internal and external forces DMOs work with, and as a result our team has in-depth industry and political fluency and our research is designed to provide deep, actionable, defensible, and timely insights We custom design all of our research from the ground up for each project, based on each DMO’s unique needs Because of this, we value a culture of client dedication and are flexible and can scale your research as needed to accommodate your budget and timing 1. 2. 3. 4. 5. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C M O R E T H A N 2 5 0 T R AV E L & TO U R I S M C L I E N T S 6 N AT I O N A L TO U R I S M O F F I C E S | 3 5 U. S. S TAT E S 1 4 0 D M O S | 5 0 + AT T R AC T I O N S DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C DEEP | ACTIONABLE | DEFENSIBLE | TIMELY WWW.VISITCHAPELHILL.ORG WEBSITE USABILITY AND USER EXPERIENCE STUDY DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C RESEARCH OVERVIEW The primary objective of this Website Usability study is to identify the types of content website visitors seek from Chapel Hill/Orange County’s official tourism VisitChapelHill.org, and the key factors that ultimately drive their destination decision. In support of the research objectives and intended outcomes Destination Analysts recommends conducting a Website Intercept Survey of Users. The objectives and methodology are detailed in the pages following. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C WEBSITE USER INTERCEPT SURVEY A sample of surveys will be collected from visitors entering the website (including mobile visitors). A java -based survey invitation will be presented on the bottom right of the page (or bottom of screen for mobile), shortly after the webpage loads. Ideally, the survey will be presented to all or nearly all website users. The survey will collect the following key information: •Reason for website visit —Are they a potential visitor? What are they looking for? •Current Point in Travel Planning —Have they already decided to visit? •Satisfaction – How satisfied are they with the site experience •Reasons for Travel —Leisure, business, etc Destination Analysts will provide the Javascript code, which the DMO/partner agency is responsible for installing on the site. Important Note: Prior to beginning the study, it will be important for Destination Analysts to know the estimated site traffic to your website and the estimated proportion of website users who are local residents vs. non -local residents. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C RESEARCH PROJECT COLLABORATION Destination Analysts and Visit Chapel Hill will work closely together in developing and executing this website usability research study. The matrix below illustrates Destination Analysts and Visit Chapel Hill’s role for this study. Project Component Destination Analysts’ Role Visit Chapel Hill’s Role Project kick-off •Introduce project team •Review research approach, process and methodology •Discuss timeline •Discuss key questions to be answered by the research •Share any presentation or due dates to be incorporated into project timeline Survey of ChapelHill.org Users •Survey questionnaire development •Survey programming •Provide Javascript code to Visit Chapel Hill •Survey hosting •Sweepstakes management •Provide estimated site traffic and proportion of users who are local residents vs. non-local residents •Advise/collaborate on the survey questionnaire •Install Javascript code Research analysis and reporting •Data collection •Data cross-tabulations Presentation of findings •Online presentation DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C DEEP | ACTIONABLE | DEFENSIBLE | TIMELY DELIVERABLES AND COST DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C PROJECT DELIVERABLES Visit Chapel Hill will receive the following deliverables as part of the Website Usability & User Experience Research study: •Comprehensive report of findings including an executive summary of key research findings for the Website Survey of Users •Presentation of findings via online conference DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C Destination Analysts estimates the following costs to conduct Website Usability & User Experience Study on behalf of Visit Chapel Hill. Note that additional research design, analysis, presentations and/or reporting outside of the proposed scope of work is available for an hourly rate of $225. Project Cost Survey of ChapelHill.org Users $28,500 ESTIMATED COSTS DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C We look forward to providing Visit Chapel Hill with the data and insights needed to ensure the destination’s continued growth and success. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/10/2023 Arthur J.Gallagher &Co. Insurance Brokers of CA.,Inc. 500 N.Brand Blvd,Suite 100 Glendale CA 91203 Gina Bonafede 818-539-8617 Gina_Bonafede@ajg.com License#:0726293 Travelers Property Casualty Co of America 25674 DESTANA-01 Hiscox Insurance Company Inc.10200DestinationAnalysts,Inc. 1304 Lombard St.#8 San Francisco CA 94109 2004692841 A X 2,000,000 X 300,000 5,000 2,000,000 4,000,000 X Y 680-7847C913-23-42 1/15/2023 1/15/2024 4,000,000 A 2,000,000 X X 680-7847C913-23-42 1/15/2023 1/15/2024 B Professional Liab. Claims-Made Form Retro Date:10/18/2006 MPL1635889.23 1/15/2023 1/15/2024 Each Claim Aggregate Retention $1,000,000 $2,000,000 $10,000 Policy:Cyber Liability Policy#:ATB-6791110-01 Carrier :Trisura Specialty Insurance Company Effective Date:8/8/2023 to 8/8/2024 Limits:$2,000,000 /Retention:$2,500 Orange County,its officers,agents &employees are designated are named additional insured with respect to the operations of the named insured. Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C CG D8 42 02 19 Page 1 of 3© 2018 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SMALL BUSINESSES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Who Is An Insured – Unnamed Subsidiaries B.Who Is An Insured – Employees And Volunteer Workers – Bodily Injury To Co-Employees And Co-Volunteer Workers C.Who Is An Insured – Newly Acquired Or Formed Limited Liability Companies D.Incidental Medical Malpractice E.Blanket Waiver Of Subrogation A. PROVISIONS WHO IS AN INSURED – UNNAMED SUBSIDIARIES The following is added to SECTION II – WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a.You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b.Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a.Before you maintained an ownership interest of more than 50% in such subsidiary; or b.After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II – Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a.A limited liability company; b.An organization other than a partnership, joint venture or limited liability company; or c.A trust; as indicated in its name or the documents that govern its structure. B.WHO IS AN INSURED – EMPLOYEES AND VOLUNTEER WORKERS – BODILY INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II – WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. C.WHO IS AN INSURED – NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES 1.The following replaces the first sentence of Paragraph 3. of SECTION II – WHO IS AN INSURED: Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C CG D8 42 02 19Page 2 of 3 © 2018 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY a. b. c. there is no other similar insurance available to that organization. 2.The following replaces the last sentence of Paragraph 3. of SECTION II – WHO IS AN INSURED: For the purposes of Paragraph 1. of Section II – Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: A limited liability company; An organization other than a partnership, joint venture or limited liability company; or A trust; as indicated in its name or the documents that govern its structure. D.INCIDENTAL MEDICAL MALPRACTICE 1.The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b.An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2.The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II – WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a)"Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION III – LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II – Who Is An Insured. E.BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C CG D8 42 02 19 Page 3 of 3© 2018 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. DocuSign Envelope ID: 8DB30DA7-6309-4434-9C5C-7A279259A00C