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HomeMy WebLinkAbout2014-178 Public Affairs - Malachi Films - Video Production $10,000 nnq,-� [Departmental Use Only] TITLE Video Production Service FY 2013-14 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26 day of March, 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 Malachi films (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: Videography, Editing and Establishing a YouTube Channel for Orange County. The term of this agreement rendered shall be from April,2014 to July 30,2014. 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 ten thousand dollars, ($10,000). Payment shall be made within thirty(3 0) 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 be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecoun nc.g_ov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of 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. 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. Priori : 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: 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 PROVIDE By: By: C unty Manager Title:/ c> 200 S. Cameron St. P.O.Box 8181 Hillsborough,NC 27278 This instrument has been approved as to technical content. Carla Banks,Departmen 1rec or 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 This instru ent has been approved as to form and legal sufficiency. ice of the County Attorney Revised 9/13 3 AUTHORIZATION FOR VENDOR EFT PAYMENTS Bank Name SANK C� Address Bank Routing # Bank Account# Account Name Checking Account Savings Account As an authorized representative of the company named above, I authorize Orange County Finance to deposit funds into my account at the bank listed above for payments of invoices, services, etc. in lieu of a printed check. Sign re of representative authorized to sign on account Date:09 c3 J a 0#q AMENDMENTS: The Fo owing agreement on change of prices is between and Malachi Films. It is only applicable while attached to a standing` ontract. Pricing breakdown will be as follows: Videography services- DP(Director of Photography) will be categorized as a single Videographer + Audio on set up to 5 hours on set($350.00/day). Any work causing the necessity of 5+hours will require an additional Sound mixer at the full rate of$200. PA and/or Gaffer rates will be reduced when under 5 hours of work as well. PA and Gaffer/Grip rates will be %50 of the original pricing on shoots under 5 hours. (�va 6 �'�� of agrees to hold to the pricing aforementioned during the duration of said contract from the date of ` o,, 'J�`j in the year 2. 1 W until the end of the written contract on the date of f4a- in the year Z 1 JX11 Caleb Childers Signing Date Malachi Films Signing Date Orange County Representative *If alternate agreement is made, it will appear on the amendments page of contract. **First 10 hours of editing is always only$250.00 SCOPE OF SERVICE: Service Provided:Videography/Production House services. Pre-Production services: Pre production includes scouting, time-lapse photography, and creative planning. PRICING- Creative Planning/Scripting..................................................$20.00/hr Production Services: Production includes set-up and tear down on location of high quality lighting and audio equipment. Shooting on set,interacting and directing of talent. PRICING- DP(Director of Photography)..............................................$350.00/day* SoundMixer............................................................................$200.00/day* Gaffer/Grip.............................................................................$150.00/day PA..............................................................................................$100.00/day Post Production Services: Post production includes editing, dvd copies,mastering of audio as well as the creation of dvd menus and mass production of such dvd's and/or flash drives. Online video delivery and managing of a given youtube/vimeo page is also a part of the services offered. PRICING- Video/Audio Editing................................................................$30.00/hr** :cw�'O'(�of U"`NA C q I H � l Sagrees to hold to e ricin 'a��t P g kro aforementioned during the duration of said contract from the date of Afcd in the year until the end of the written contract on the date of i y 30 f in the year Ca e hilders Signing Date Malachi Films Signing Date Orange County Representative *If alternate agreement is made, it will appear on the amendments page of contract. **First 10 hours of editing is always only$250.00 MALACHI FILMS Rates and :pricing. DP(Director of Photography). ........ ........ ....................$350.00/day Sound Mixer...... ......... .....................................................$200.00/day Gaffer/Grip...................................... ...$150.00/day PA.................. ....... ....................... ......$100.00/day Video/Audio Editing: . .$30.00/hr* Creative Planning/Scripting.......................................: ......,.,$20.00/ r When you hire MALACHI FILMS to produce your videos, you are hiring a proffer*pnaly experenced crew with over 7 years in the film industry both nationally and internationally. Pre-production includes scouting, time-lapse photography, and creative planning. Production includes set-up and tear down on location pf'high quality lighting and audio equipment-Post production includes editing, dvd copies, mastering of audio as well as'thefeation of dvd menus and mass production of such dvd's and./or f ashi drives. Online video delivery and managing of a given youtube/vimeo page is also a part of the services offered through Malachi Films. *First 10 hours of editing is $250.00. CERTIFICATE OF LIABILITY INSURANCE 053 4/2/2/014 Y) THIS CERTIFICATEIS 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 SUBROGATIONIS 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). PRODUCER CONTACT NAME: COMMERCIAL INSURANCE.NET LLC/PHS PHONE /C (A .NO,Ert): (866) 467-8730 ( .NO): (888) 443-6112 383397 P: (866) 467-8730 F: (888) 443-6112 ADDRESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A: Sentinel IRS Co LTD INSURED INSURER B: INSURER 0: CALEB CHILDERS DBA MALACHI FILMS INSURER D: 1323 DAVIS RD INSURER E: HILLSBOROUGH NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLiCYEFF POLICYEXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 000, 000 CLAIMS-MADE F--7 OCCUR DAMAGE T rrO RENTED S 1 I O O 0 O O O PREMISES(Ea occuence) i A X General Liab 38 SBM BW2261 04/01/2014 04/01/2015 MEDEXP(Anyoreperson) $10, 000 PERSONAL&A.DV INJURY s2, 000, 006—0 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4, 000, 000 PRO 54, 000,000 POLICY JECT Y' LOC PRODUCTS-COMP/OP AGG OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) s2, 000, 000 ANY AUTO BODILY INJURY(Per person) S A ALL OWNED SCHEDULED 38 SBM BW2261 04/01/2014 04/01/2015 BODILY INJURY Per accident AUTOS AUTOS ( ) S X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION E $ WORKERS OOMPENSATI ON PER AND EMPLOYERS LIABILITY STATUTE OT H- ANY PROPRIETOR/PARTNERIEXECUTIVE YM E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? El NI A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ORANGE COUNTY GOVERNMENT AUTHORIZED REPRESENTATIVE 200 S CAMERON ST HILLSBOROUGH, NC 27278 / ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL INSURANCE.NET LLC/PHS PO BOX 33015 SAN ANTONIO TX 78265 ORANGE COUNTY GOVERNMENT 200 S CAMERON ST HILLSBOROUGH NC 27278 ACORD 25(2014/01)