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HomeMy WebLinkAbout2014-368 Public Affairs - Malachi Films for video production $10,000 [Departmental Use Only] TITLE Video Production Service FY 2013-14 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER$15,000.00 THIS AGREEMENT, made and entered into this 26 day of March, 2014, ("Effective Date") h% 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"), part; (,f the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County herehy 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 Chann,,l 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, processional 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, discrepanci.•'. 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 ;atisfactor lv 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(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 am of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce It-ie 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://orangecouMnc.g_ov/purchasintJcontracts.-�sh). 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 :hall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange Co t ni 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 bete een the parties unless and until modified in writing and signed by the parties. Modifications may )e 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 term• 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 thr State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of th i s 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 lakN s. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter in-.o 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 constituters Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance V ith 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 statuton mandate. In the event that public funds are unavailable and not appropriated for the performance of Count,.',; 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 UN Y PROVIDE By: By: ounty Manager Title: 20 S. Cameron St. P.O. Box 8181 Hillsborough,NC 27278 Th'i`s�instrument has been approved as to technical content. Carla Banks,Department Dir or This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. cLq,(�(✓ Office of the Chief Financial Officer This instr ent has been approved as to form and legal sufficiency. fice of the County Attorney Revised 9/13 3 AUTHORIZATION FOR VENDOR EFT PAYMENTS Bank Name BANK 0� AM F R)�4 Address Bank Routing# 6o C Bank Account# ' y Account Name C-L-S b V4U 6,hNW Ch jLbe`z. S 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: d3 0 E`f AMENDMENTS: The owing Bement on change of prices is between (� ` and Malachi Films. It is only applicable while attached to a standing Lntract. 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 ,hoots under 5 hours. E Z 0 �L�F K S of agrees to hold to tie pricing aforementioned during the duration of said contract from the date of ADei 1 3 ir.the year �:� until the end of the written contract on the date of 30 _in the year 2 0 ! lAk. 03 `� Caleb hilders Signing Date: Malachi Films ( 2-0 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 c.-eative 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/dap* 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** Cai�t C of Y"` E ` r�a ees to hold to e ricin 1�C � p g aforementioned during the duration of said contract from the date of :1 3 in the year until the end of the written contract on the date of 1 L) V 30 f in the year Zvi( f 1031( 20)q C e hilders Signing Date Malachi Films �f/ts (2-0 r`� t✓IR k S 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 4� MALACHI FILMS Rates end �r�� r►g. , DP(Director of Photography} , . , .,.t, . .....$350.0O,fday Sound Mixer..... ...,.,. .. ... x...$200.00/day s Gaffer/Grip.. ,... . .. ,�. _... ., . . $150.00/day PA....................... ,* s....., ......,,.............. .., ,.:. ... . 100.00Vday Video/Audis Edttng ................................... 00/hr* Creative Plana +g/Scripting................................ ,..., . . .$20.00/hr When ydq ie MALACHI FILMS to produce your 4d os, you are hiring a pr ,ffe �pr�ly expereinced crew with--"d t/er dears in the film industry bo`fhpiat'ion biy and international . pre p oduction includes scouting, time Iapse"pno'tography, and creative plane"ing, Production includes set-up aid tear. down on locatror� -of i"O quality lighting do editing, dvcl copies,audio equip ton inc mastering of audio a w as the Creaan cif dvd menus and mass production of such dvd's'a' nd-/, ` fl_Sh':drives. Online video delivery and managing of a given,voutube/vimeo page is also a part of the services offered through Nlalaeh `yFlms *First 10 hours of editing is $250.00. ORANGE COUNTY AMENDMENT TO SERVICES AGREEMENT NORTH CAROLINA THIS AMENDMENT,made and entered into this the 3day of July, 2014,by and between the County of Orari,-,,:. :t body politic and corporate of the State of North Carolina, ("County"), and Malachi Films("Provider";; WITNESSETH: WHEREAS, the County and Provider entered into a Services Agreement dated, March 26, 2014, to prc.N idc services to be rendered by Provider to County("Original Agreement"); and WHEREAS, the County and Provider desire to amend the Original Agreement, while keeping in effect all t.iii and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the partic, agree to amend the Original Agreement as follows: The term of this Agreement rendered shall be from July 31,2014 to June 30,2015. Except for the changes made to the term of the Agreement herein,the Original Agreement shall remain in full 1'01 and effect to the extent it is not inconsistent with this Amendment. In the event that there is a confli-,t between t I I Original Agreement and this Amendment,this Amendment shall control. 61� IN WITNESS WHEREOF,Orange County and the Consultant have signed this Amendment,effective 1111, the day of July, 2014. FOR: ORANGF COUNTY AFOl R VIDER: By ".1— j�.... By B nnie Hammersley., County Ma tiger hilders,Provider This instrument has been approved as to technical content. arla Bank�Pub irs Di This instrument has been pre-audited in the mann required by the Local Government Budget and Fiscal Contr)l Uren4ce4GAT%rier, ��tk�P+� '' �J�A Manager/CFO This n t me h been approved as to form and legal sufficiency. Ann tte M. ore,Staff At orney ACORO® ALD DATE(MMi^)Dr rY) �-- CERTIFICATE OF LIABILITY INSURANCE R053 4/2,/2 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.TH S 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),AUTHORIZE D REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAI'✓ED,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 ( NNEo.E* (866) 467-8730 (ACC.No): (888) 441 2 383397 P: (866) 467-8730 F: (888) 443-6112 ADDRESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE z SAN ANTONIO TX 78265 INSURER A: Sentinel IRS CO LTD INSURED INSURER B INSURER C: CALEB CHILDERS DBA MALACHI FILMS INSURER D: 1323 DAVIS RD INSURER E: HILLSBOROUGH NC 27278 wsURERF: 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 POL CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Vv11ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL `HE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF I NSIRANCE ADDL SUBR POLICYNUMBER POLICYEFF POLICYEXP -IMITS MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 0 .I, '.,l.)0 CLAIMS-MADE M OCCUR PREMISES SES (occurrence) $1, 0", , I)O 0 • X General Liab 38 SBM BW2261 04/01/2014 04/01/2015 MED EXP(Any one person) s10, PERSONAL&ADV INJURY s2, O C. _1, -,U 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4, O1 _I, 0 POLICY JE O-❑LOC PRODUCTS-COMP/OP AC;G 5 4, O C. ,.(.'_O 0 OTHER: S AUTOMOBILE LIABILITY (Ea accidenq INGIE LIMIT s2, CC J 0 ANY AUTO BODILY INJURY(Per persor) $ • ALL OWNED SCHEDULED 38 SBM BW2261 04/01/2014 04/01/2015 BODILY INJURY(Per accidet) $ AUTOS AUTOS X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENrroNE $ V40RKERSCOMPENSATIM PER ANDEMPLOYERS LIABILITY STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED4 N/A -- -- (Aandatory in NH) ❑ E.L.DISEASE-EA EMPLOYI_E $ If yes,describe under $ DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY uM T DESCRIPTION OF OPERATIONS/tACATIONS/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 CANCELL E BEFORE THE EXPIRATION DATE THEREOF,NOTICE%RILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ORANGE COUNTY GOVERNMENT AUTHORIZED REPRESENTATIVE ` 200 S CAMERON ST �_ ��4,�� HILLSBOROUGH, NC 27278 ©1988-2014 ACORD CORPORATIO14.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)