HomeMy WebLinkAbout2008-023 Visitors Bureau - Jennings Advertising of CH®~o.r y/~ ~1~'
~-~
NORTH CAROLINA
ORANGE COUNTY
PROFESSIONAL SERVICES AGREEMENT FOR M~1RI~FTING
COMMUNICATIONS MANAGEMENT RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT, is made and entered into as of this the 10th
day of March, 2008, by and between Orange County, North Carolina, 200 S. Cameron
Street, Hillsborough, North Carolina, (the "County") for and on behalf of The Chapel
HilUOrange 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 "Agreement") effective as of the 1St day of Apri12007; and
WHEREAS, Article 5.01 of the Agreement specifies that the Agreement shall
terminate on March 31, 2008 unless the Agreement is renewed in writing by the parties
prior to the expiration of the initial term; and
WHEREAS, the parties desire to renew the Agreement for the period beginning
April 1, 2008 and terminating on June 30, 2008; and
WHEREAS, the parties intend to enter into a separate agreement in the near
future for services to be provided by the Agency to the CHOCVB during the 2008-2009
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 amended to permit the renewal of the
Agreement for a period beginning on April 1, 2008 and terminating on June 30,
2008. The Agreement is hereby renewed until June 30, 2008 (the "Renewal
Term.")
B. The $3,000 fee per month shall be paid as the AMF. Agency fees for all services
and duties performed during the Renewal Term will be charged to existing funds
at Jennings.
C. The following additional "Special Provisions" are hereby incorporated into
Article VI of the Agreement:
6.09 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 he 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.
6.10 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.
B. 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.
ORANGE COUNTY
By:
act air, C
By:
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fi cal Control Act.
E OFFICER
•