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Home My WebLink About2013-471 Visitor's Bureau - SCK Design for Design and Production of 2014 Official Visitors Guide $9,800 �0 13 - x{ '71 [Departmental Use Only] TITLE 20140fficialVisitors Guide FY 2013-2014 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of October, 2013, ("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 SCK Design(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: Design and production of 6"x10" full color 2014 Official Visitors Guide as outlined in October 9, 2013 Scope of Work (Addendum A). SCK will provide finished computer files to printer of Orange County's (Visitor Bureau) choice and will review printer's proof for accuracy.SCK will provide 2-3 design options for each key page with text revisions as needed and will include photographic color balancing. Any changes, additions or out of pocket expenses beyond the scope of work and proposal (Addendum B)need the pre-approval of the County(Visitors Bureau)before they occur. The term of this agreement rendered shall be from October 28, 2013 to completion of production estimated at January 17, 2014. 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 Niney eight hundred dollars,($9800.00). 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 Revised 9/13 1 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 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 http://oran eg_coun nc.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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. 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. 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. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law-,aw: Both 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. 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 anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(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. 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] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COU TY PROVIDER By: By. V.-&K manager Title: 200 S. Cameron St. SCK Design P.O.Box 8181 310 1/2 West Franklin Street, Suite 201 Hillsborough,NC 27278 Chapel Hill,NC 27516 This instr t has be 4pro ve o echnical content. ur 0-� -f3 L ' ao lcelli, ep rtment Direct r This instrument as been pre-audited in the manner required by the Local Government Budget and Fiscal Control A . ua�lt4l A A�= Office of the Chief Financial Officer This t u t has been approved as to form and legal sufficiency. Offi of the-kCounty Attorney Revised 9/13 3 Addendum A 2014 Visitor Guide Draft: October 9, 2013 SCOPE OF WORK 64 pages Cover: Designed by Clean Design using new art, images and look. Suggest photo of Franklin Street autumn image or 2,welcome message, photos(*stoer) 3,table of contents(de*w. ) 4, ad already designed by Clean Design (chess set) 5,welcome to chapel hill(de ' ) NEW: Orange County map with Chapel Hill highlighted here Copy should focus on TOP ATTRACTIONS IN CHAPEL HILL 6 and 7 UNC,welcome copy( ' er) NEW: Orange County map with UNC highlighted here Copy should focus on HISTORIC ICONS ON CAMPUS 8, new Carrboro ad supplied by Carrboro showing new brand (supplied) Copy should focus on TOP ATTRACTIONS IN CARRBORO 9, welcome to Carrboro copy ner) NEW: Orange County map with Carrboro highlighted here 10, Hillsborough is Happening welcome copy(designer) NEW: Orange County map with Hillsborough highlighted here Copy should focus on TOP ATTRACTIONS IN HILLSBOROUGH 11: Welcome to Orange County NEW: (dr+er)Orange County map with Rural Orange County highlighted here Copy should focus on TOP ATTRACTIONS IN ORANGE COUNTY 12, 13; 14,15: TOP FESTIVALS (add this up front more and spotlighting: Fridays on Front Porch, Last Fridays', Second Friday Artwalk, major events)(de*ner) 16-21- (3 spreads)... Shopping highlights(finer) 22-Ad on hotels (supplied by Clean Design) 23—Welcome to area hotels and accommodations(desner) 24-25; 26,27: Hotels(deser) 28, 29, 30, 31: Attractions(d ) Addendum A 32,33: Ad for area attractions (Clean Design) (MAP INSERTED IN CENTER SPREAD ATTACHED TO THAT AD for attractions— )SAME TYPE MAP AS IN 2013 GUIDE WITH PERFORATION 34, 35: Resources NEW TITLE: ESSENTIAL FAST FACTS: ( ik let's try to make room for small "smoke free" ad here 36,37, 38,39: SPORTS Highlights, Basketball, Football, LaCrosse,Soccer, etc. 40: Bill smith ad restaurant ad 41: Restaurant Scene cover page (Focus on food and brews) 42-43;44,45,46,47,48,49: Restaurant and highlights(possible changes here)# ' 50-51: Two page spread on Micro-brew ads 52: (LOCAL FOOD KEEPSAKES/FARMERS MARKETS) 53, 54-55: Transportation INCLUDING taxis, airlines, parking, other transit, biking, etc. 56-57'58-59: Neighborhood Highlights Focus here on Southern Village, Meadowmont, Timberlyne,South Nash Street(market areas outside of downtowns) 60,61: ART(new spread of public fountain downtown, murals,Carrboro public art, Hilsborough public art and maybe a mention of the orange county arts commission), lll 62,63: sightseeing tours(food tours, preservation tours, hillsborough organized tours) 64: Ad from clean design on Hoola Hooping BACK COVER Production Schedule • Copy to Designer: November 13th • First review to client: December 11th • Edits back to designer: December 18th • Edits and designs made: December 18th • Back to us on January 6th • Second version back to Sue on January 13th • Designer sends to printer January 17th • Goal to have by Valentine's Day, Friday, February 14th Designer: 54 pages Clean Design: 10 pages ADDENDUM B MA S*U* SIGN 2014 CHAPEL HILL VISITORS GUIDE PROJECT PROPOSAL Date October 16, 2013 Project Design and Production of the 2014 Chapel Hill Visitors Guide Design Design and production of the Guide as outlined in the 2014 Visitor Guide Draft dated October 9, 2013. Design will be consistent with the Chapel Hill /Orange County Visitors Bureau brand, using the 2013 Visitors Guide template, center fold-out map, with ads and other specified pages from Clean Design. Production CHOCVB will provide all text, photos and maps as computer files. Clean Design will provide CMYK files with bleed, in PDF or Adobe CS5 format. SCK Design will provide finished computer files to your printer and will review printer's proofs for accuracy. Design Costs Design and Production of Chapel Hill Visitors Guide $9800 6" x 10" guide, 64 pages, full color Two or three design options for each of the key pages will be provided, with text revisions as needed. Photographic color balancing is included. Thank you for contacting me about this project. I look forward to the possibility of working on it. Sue @SCKDesign.net 3101/2 West Franklin Street, Suite 201 Chapel Hill, NC 27516 Tel: 919 265.9971 • Fax: 919 960.7967 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY INSURANCE 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. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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). INSURED Susan Koenigshofer CERTIFICATE Chapel Hill/Orange County Visitors Bureau NAME AND DBA SCK Design LLC HOLDER 501 W Franklin St ADDRESS 828 Jack Bennett Rd Chapel Hill NC 27516 Chapel HIII NC 27517 COVERAGES 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. X TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MPOOLIICY EXP LIMITS ❑ COMMERCIAL GENERAL LIAIB31LITY GENERAL AGGREGATE $ -OCCURRENCE PRODUCTS-COMP/OPS AGGREGATE $ GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $ EACH OCCURRENCE $ DAMAGE TO RENTED $ MED EXP(Any one person) $ ❑ EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Each accident) ® SCHEDULED AUTOS APM 8092554 8/15/2013 2/15/2014 BODILY INJURY(Per person) $250 ❑ HIRED AUTOS BODILY INJURY(Per accident) $500 ❑ NON OWNED AUTOS PeoPaEE DAMAGE $100 ❑ GARAGE LIABILITY ❑ (Other) . EACH OCCURRENCE $ E] EXCESS LIABILITY— i OCCURRENCE AGGREGATE $ ❑ WC STATUTORY LIMITS WORKERS COMPENSATION N/A AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ PCLICY APPLIES TO THE WORKERS E.L.DISEASE•EA EMPLOYEE $ COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT $ OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Robbie Norris DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 11/4/2013 COI 0910