HomeMy WebLinkAbout2025-625-E-Visitors Bureau-Town of Chapel Hill-Visitors Center Performance AgreementSmall Service - April 2025 Page 1 of 4
STATE OF NORTH CAROLINA CONTRACT FOR ANNUAL
SUPPORT FOR VISITOR CENTER
OPERATIONS
COUNTY OF ORANGE
This Contract is made and entered into by and between the “Town of Chapel Hill,” herein “Town,”
and “Orange County by and for the Chapel Hill/Orange County Visitors Bureau” herein
“Contractor,” for the services as described in this agreement.
WITNESSETH
That for and in consideration of the mutual promises and conditions set forth below, the Town and
Contractor agree:
1.Duties of the Contractor: The Contractor agrees to:
A.Operate according to the annual Work Plan and performance measures, including
specific reporting tasks and services to be provided by the Corporation. The Work
Plan for FY 26 is set out in Exhibit A of this Agreement.
B.Contractor will provide the Town with a quarterly and an annual financial report.
The report will include a budget breakdown showing expenditures of the Town's
appropriation.
C.Contractor will provide quarterly reports of activities supported by the funding
provided under this performance agreement including specific program outcomes.
D.Provide regular reports to the Council on the Corporation's activities, goals, and
issues. These reports may be as needed or as requested by the Town, with the
Council receiving reports no fewer than two times per year.
2.Duties of the Town: The Town will pay for the Contractor’s services as set forth in Exhibit
A.
3.Maximum Sum: Contract amount is not to exceed $200,000 plus applicable sales tax.
4.Billing and Payment: The Contractor shall submit an invoice to the Town for work
performed under the terms of this Contract. The Town will make payment within thirty
(30) days of receipt of an accurate invoice, approved by the department which contracted
for these services.
5.Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless
the Town of Chapel Hill and its officers, agents and employees from all loss, liability,
claims or expense (including reasonable attorneys’ fees) arising from bodily injury,
including death or property damage to any person or persons proximately caused in whole
or in part by the negligence or willful misconduct of the Contractor, except to the extent
same are caused by the negligence or misconduct of the Town. Contrary to any provision
that may be contained in any exhibits, attachments, or subsequent purchase orders, the
Town shall not consent to limitations of Contractor liability for amounts less than the
amount of insurance coverage under this agreement. Any provision that may be contained
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in any exhibits, attachments, or subsequent purchase orders that calls for the Town to
indemnify the Contractor shall be only to the extent allowed by law.
6.Insurance Provisions: The Contractor shall provide evidence of current valid insurance (if
applicable) for the duration of this agreement, with the Town named as an additional
insured under the Contractor’s Commercial General Liability and Business Automobile
policies. The required coverage limits are: 1) Commercial General Liability and Business
Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for
both employer’s liability and bodily injury by disease for each employee and $500,000 for
the disease policy limit. Cyber Liability Coverage in the amount of $1,000,000 per
occurrence and $2,000,000 aggregate is required for Contractors having access to personal
identifying information and/or computer networks. The Town may also require evidence
of supplementary insurance coverages depending on the services provided under this
agreement.
7.Non-Discrimination: The Contractor contractually agrees to administer all functions
pursuant to this agreement without discrimination because of race, creed, sex, national
origin, age, economic status, sexual orientation, gender identity or gender expression.
8.Federal and State Legal Compliance: The Contractor must be in full compliance with all
applicable federal and state laws, including those on immigration.
9.E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of
the North Carolina General Statutes. If any subcontractors are used, they also must comply
with these requirements. Pursuant to North Carolina General Statute § 143-133.3 (c)(2),
contracts solely for the purchase of apparatus, supplies, materials, and equipment are
exempt from this E-Verify provision.
10.Amendment: This Contract may be amended in writing by mutual agreement of the Town
and Contractor.
11.Termination: Either party may terminate this Contract at any time by giving the other party
thirty (30) days written notice of termination prior to the end of the term.
12.Interpretation/Venue: This Contract shall be construed and enforced under the laws of
North Carolina. The courts and the authorities of the State of North Carolina shall have
exclusive jurisdiction over all controversies between the parties which may arise under or
in relation to this Contract. In the event of any dispute between the parties, venue is
properly laid in Orange County, North Carolina for any state court action and in the Middle
District of North Carolina for any federal court action. Contrary to any provision that may
be contained in any exhibits, attachments, or subsequent purchase orders, the Town shall
not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial
by jury.
13.Preference: If the terms of any exhibits, attachments, or subsequent purchase orders are not
consistent with the terms of this Contract, this document shall have preference; provided
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that where either any exhibit attached hereto or this document establishes higher standards
for performance by either party, the higher standard, wherever located, shall apply.
14.Severability: The parties intend and agree that if any provision of this Contract or any
portion thereof shall be held to be void or otherwise unenforceable, all other portions of
this Contract shall remain in full force and effect.
15.Assignment: This Contract shall not be assigned without the prior written consent of the
parties.
16.Entire Agreement: This Contract shall constitute the entire agreement of the parties and no
other warranties, inducements, considerations, promises, or interpretations shall be implied
or impressed upon this Contract that are not expressly addressed herein. All prior
agreements, understandings and discussions are hereby superseded by this Contract.
17.Construction Project Related Sales Tax: If applicable, the Contractor must provide certified
statements regarding the cost of materials purchased and the amount of North Carolina
sales and use taxes paid by Contractor and any subcontractors. Contractor further agrees to
provide the Town with any additional information and documentation the Town might
request in the event the Commissioner of Revenue of the State of North Carolina requires
more information to substantiate a refund claim by the Town for sales or use tax. The Town
will not make payment until these statements are submitted. Any tax refunds received by
the Town will remain with the Town.
18.Term: This Contract, unless amended as provided herein, shall be in effect until June 30th,
2026. Any renewal provisions that may be contained in any exhibits, attachments, or
subsequent purchase orders are void and without effect.
[SIGNATURES ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto cause this Contract to be executed in their respective
names.
ORANGE COUNTY BY AND FOR THE CHAPEL HILL/ORANGE COUNTY
VISITORS BUREAU
Vendor_Signature Vendor_Name Vendor_Title_p
SIGNATURE PRINTED NAME & TITLE
TOWN OF CHAPEL HILL
Dept_Director Dept_Dir_Title
DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER
DDirector_Name D_Dept_Name
PRINTED NAME & DEPARTMENT
ATTEST BY TOWN CLERK:
Clerk_Signature SEAL_STAMP
TOWN CLERK/DEPUTY TOWN CLERK TOWN SEAL
TCD1 TCM1 TCYY1
Town Clerk attests this the day of 20 .
Approved as to Form and Authorization
Legal_Staff
ATTORNEY FOR TOWN
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.
Finance_Signature Finance_Sign_Date
FINANCE OFFICER DATE
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County ManagerTravis Myren
David Putnam
Department Head
Economic Development
9/27/2025 | 8:51 AM EDT
3 25October
EXHIBIT A
Scope of Work & Performance Agreement FY25-26
Contract Reference:
The Chapel Hill/Orange County Visitor’s Bureau will send quarterly update reports with the final report
being a comprehensive yearly update on the performance metrics described below. A reporting schedule
is included below. This contract is valued not to exceed $200,000. The Town of Chapel Hill will
approve quarterly payments of $50,000 to the Contractor once satisfactory progress and financial
reports are received.
Deliverables:
•Promote and market Chapel Hill as a premier destination for events and visitors
•Monitor and support hospitality industry partners in Chapel Hill for a vibrant destination
ecosystem
•Identify, generate, and respond to event recruitment opportunities in coordination with industry
partners
Quarterly Performance Metrics:
Utilize 2025 metrics for Year over Year analysis where applicable.
•Hotel Occupancy
o Target: 10% increase hotel occupancy compared to last FY.
•Lead Generation
o Target: 10% new inquiries/request for proposals for professional events.
•Project Pipeline
o Target: 60 event attraction responses coordinated.
•Digital/Print Advertising and Marketing
o Generate attribution modeling reports for destination marketing and advertising efforts.
▪Key Metrics:
•Visitor Spending
•Occupancy/Demand
•Return on Ad Spend
•Economic Impact
•Visitor Attribution
Reporting Schedule:
•July 1 – September 30, 2025 Due: October 15, 2025
•October 1 – December 31, 2025 Due: January 15, 2026
•January 1 – March 31, 2026 Due: April 15, 2026
•April 30 – June 30, 2026 Due: July 15, 2026
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Revised 01/24
1
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Town of Chapel Hill Vendor Contact Person: David Putnam Phone: 919-968-2700 Address: 405
Martin Luther King Jr Blvd. City Chapel Hill State: NC Zip: 27514 Department: Econ Dev/Visitors Bureau
Amount: $200,000.00 Purpose: Visitors Center Performance Agreement Budget Code(s): 37600503-449925
Vendor # 64
Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date July 1, 2025 End Date June 30, 2026 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.
This agreement is approved as to technical form and content. 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:
Office of the Clerk to the Board __________________________________________Date:_________
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