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HomeMy WebLinkAbout2015-550-E PA - Malachi Films for photography services DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F [Departmental Use Only] TITLE Video Production FY 2015 -2016 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14 day of September, 2015, ("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: Professional video production services for County departments and special events. To be paid as Invoiced according to the attached fee schedule for full day or half day productions. The term of this agreement rendered shall be from September 15, 2015 to June 30,2016. 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. Pam: 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 (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 contractor 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. Revised 7/14 1 DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F 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 htlp://oran eg counlync.gov/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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori 1y: 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 7/14 2 DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. O j,6E+ HNTY PROVIDER DocuSigned by: � l�t,tf, �A,uhwlt,V'S� By: By: �zZG834644F4 . County Manager 200 S. Cameron St. P.O. Box 8181 Hillsborough,NC 27278 Revised 7/14 3 DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F ILL MALACHI FILMS The following is a list of prices for our services updated as of July 2015. Feel free to ask about our pricing and your needs with Caleb:caleb@malachifilms.net Position Description Rate(day) Rate(1/2 day-under4 hours) A Camera/lighting expert who will create and capture the visual Director of Photography(DP) mood of the work. $450.00 $300.00 A multitrack external sound recordist with live mixing of up to 8 Sound Mixer tracks. $300.00 $200.00 Assists in any needs of the production including the clients needs Production Assistant(PA) as well. $125.00 $75.00 Grip Lighting and Rigging technician to work aside camera dp. $200.00 $200.00 Gaffer On set electrician and set building/restoring. 1 $200.001 $200.00 DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F 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) DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F SSY DATE(MM/DD/YYYY CERTIFICATE OF LIABILITY INSURANCE 8045 9/17/2015 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 �NCO,NN,Ext): (866) 467-8730 (NC,No): (888) 443-6112 383397 P: (866) 467-8730 F: (888) 443-6112 ADDRIESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURERA: Sentinel Ins Co LTD INSURED INSURER B INSURER C CALEB CHILDERS DBA MALACHI FILMS INSURERD: 1323 DAVIS RD INSURERE: 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,EXCLUS IONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE ADDL SUER POLICYNUMBER POLICYEFF POLICYEXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 000, 0 0 0 CLAIMS-MADE �OCCUR DAMAGE TO RENTED /$1 000, O O O PREMISES(Ea occurrence) A X General Liab 38 SBM BW2261 04/01/2015 04/01/2016 MED EXP(Any one person) $10, 000 PERSONAL&ADV INJURY s2, 000, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4, 000, 0 0 0 PRO- JECT POLICY PRO ❑X LOC PRODUCTS-COMP/OP AGG s4, 000, 0 0 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s2, 000, 000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ AUTO S S AUTOS A A O SCHEDULED 38 SBM BW2261 04/01/2015 04/01/2016 BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ UMBRELLA LIAB d OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPE.NSATIOry' PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (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 STS HILLSBOROUGH, NC 27278 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F COMMERCIAL INSURANCE.NET LLC/PHS PO BOX 33015 SAN ANTONIO TX 78265 CALEB CHILDERS DBA MALACHI FILMS 1323 DAVIS RD HILLSBOROUGH NC 27278 ACORD 25(2014/01) DocuSign Envelope ID: D6A14A1A-A8F5-44FD-933C-F5F03807D67F SSY DATE(MM/DD/YYYY CERTIFICATE OF LIABILITY INSURANCE 8045 9/17/2015 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 �NCO,NN,Ext): (866) 467-8730 (NC,No): (888) 443-6112 383397 P: (866) 467-8730 F: (888) 443-6112 ADDRIESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURERA: Sentinel Ins Co LTD INSURED INSURER B INSURER C CALEB CHILDERS DBA MALACHI FILMS INSURERD: 1323 DAVIS RD INSURERE: 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,EXCLUS IONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE ADDL SUER POLICYNUMBER POLICYEFF POLICYEXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 000, 0 0 0 CLAIMS-MADE �OCCUR DAMAGE TO RENTED /$1 000, O O O PREMISES(Ea occurrence) A X General Liab 38 SBM BW2261 04/01/2015 04/01/2016 MED EXP(Any one person) $10, 000 PERSONAL&ADV INJURY s2, 000, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4, 000, 0 0 0 PRO- JECT POLICY PRO ❑X LOC PRODUCTS-COMP/OP AGG s4, 000, 0 0 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s2, 000, 000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ AUTO S S AUTOS A A O SCHEDULED 38 SBM BW2261 04/01/2015 04/01/2016 BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ UMBRELLA LIAB d OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPE.NSATIOry' PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (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 STS HILLSBOROUGH, NC 27278 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD