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HomeMy WebLinkAbout2024-311-E-OCOEI Dept-Antoine Kinch-DJ Services for Juneteenth CelebrationRevised 01/24 1 [Departmental Use Only] TITLE Juneteenth DJ Service FY 2023-24 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), and Antoine Kinch (the "Provider"). W I T N E S S E T H: 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: 1. The provider agrees to provide a DJ Service and this service will be performed at the Eno Arts Mill at 437 Dimmocks Mill Rd #17, Hillsborough, NC 27278; 2. the Provider agrees that the DJ service shall consit primarily of providing musical entertainment by means of a recorded music format; 3. the Provider agrees to render their professional services and is at alltimes to have complete control of his program; 4. The parties agree that the DJ service shall be provided and accepted on the Friday, June 14, 2024 from 6:00 p.m. to 9:00 p.m.; 5. in consideration of the DJ service to be rendered by the Provider the County agrees to compensation the Provider as follows: a. submit a non-refundable reservation fee of $100.00 as required to secure the services of the Provider for the engagement. This amount shall be applied to the Performance Fee ($800.00) for the timeframe outlined above. b. the County shall pay 50% of the Performance Fee ($300.00) 30 days prior to the event date (May 14, 2024) and the remainder of the Performance Fee ($400.00) at the conclusion of services on Friday, June 14, 2024. c. the County understands that services requested that exceed the timeframe above will be charged at the rate of $200.00 per hour, payable the day of the engagement. Acknowledging that it may not always be possible to provide the additional performance time, however, it may be provided when feasible to accommodate. The term of this agreement rendered shall be from 5/14/2024 to 6/14/2024. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Eight Hundred Dollars, ($800.00). Payment shall be made within thirty (30) days of an invoice DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A Revised 01/24 2 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. 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 County’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://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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 County's Risk Manager. 5. Indemnity: To the extent authorized by North Carolina law the Provider agrees, without limitation, 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 in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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. County may suspend this Agreement upon reasonable notice to 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree this Agreement is governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A Revised 01/24 3 violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. 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. Regardless of the outcome of said litigation each party is responsible f or its own costs and fees, including attorneys’ fees. 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 or 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 or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Antoine Kinch P.O. Box 8181 7713 Serenity Lake Drive Hillsborough, NC 27278 Wake Forest, NC 27587 DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A Owner Revised 01/24 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Antoine Kinch Vendor Contact Person: Antoine Kinch Phone: 510-209-8518 Address: 7713 Serenity Lake Drive City Wake Forest State: NC Zip: 27587 Department: Office of Equity & Inclusion Amount: $800.00 Purpose: DJ Services for Juneteenth Celebration Budget Code(s): 10460020-630000 Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 5/14/2024 End Date 6/14/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services 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 ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A 5/14/2024 5/30/2024 5/30/2024 5/30/2024 Revised 01/24 5 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A Additional Terms and Conditions The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by Antoine Kinch to find replacement entertainment at the agreed upon fees. Should Antoine Kinch be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in a liability shall be exclusively limited to an amount equal to the performance fee and that Antoine Kinch shall not be liable for indirect or consequential damages arising from any breach of contract. All deposits are nonrefundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement. No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with Antoine Kinch relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only. The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the DJ the amount set forth above as "Wage agreed upon" as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee (if applicable). It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not. It is understood that if this is a "Rain compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ's compensation will not be affected by such cancellation. In the event of circumstances deemed to present a threat or implied threat of injury or harm to staff or reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Antoine Kinch shall resume performance in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether Antoine Kinch resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Antoine Kinch reserves the right to deny any guest access to the sound system, music recordings, or other equipment. Purchaser Initials _________ Antoine Kinch ______ Purchaser shall provide Antoine Kinch with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup and space for setting up speakers. Antoine Kinch requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set- up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ's equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. Purchaser is responsible for paying any charges imposed by the DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A venue. These charges may include, but are not limited to, parking, use of electric power, and fire marshal if necessary (for use of fog). The DJ services do not include lighting. The Purchaser shall at all times have complete control, direction and supervision of the performance of Antoine Kinch at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of Antoine Kinch. A written event/music planner or music request list must be received from the Purchaser and forwarded to Antoine Kinch at least two weeks prior to the date of the engagement for it to be included in Antoine programming guidelines. With or without the aid of an event/music planner or music request list, Antoine Kinch shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. Antoine Kinch will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement. In the event of non-payment, Antoine Kinch retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Antoine Kinch. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice. This agreement guarantees that Antoine Kinch will be ready to perform at the start time of the engagement. No guarantee is made as to time of arrival; however, Jus Antoine Kinch requests that they be permitted ______ minutes before the engagement and _______ minutes after the engagement for setup and takedown. Antoine Kinch also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $200.00/hour. If Purchaser or venue requires Antoine Kinch to complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $100.00 per half-hour. Engagements within the Raleigh/Durham metro area will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $1.00 per mile in excess of 40 miles. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for Antoine Kinch to be provided by Purchaser. Special provisions & Additional Services Requested ________________________________________________________________________________ ____ ______________________________________________________________________ ________________________________________________________________________________ ____ ______________________________________________________________________ ________________________________________________________________________________ ____ ______________________________________________________________________ _____________________________________________________________________________ Purchaser Initials _________ Antoine Kinch ______ By executing this contract as Purchaser, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract. All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will 3030 DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon. The laws of the State of North Carolina shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in Wake County. Purchaser agrees to defend, indemnify, assume liability for and hold Antoine Kinch harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party. DJ Complex is a service provided by Antoine Kinch. Payment can be made in the form of cash, checks, CashApp, Venmo, PayPal, Zelle and direct bank deposit. Checks should be made out to Antoine Kinch. Direct bank deposit routing number available upon request. Purchaser may not transfer this contract to another party without the prior written consent of Antoine Kinch. This agreement is not binding until signed by both Purchaser and Antoine Kinch. Any changes must be written and signed by both the Purchaser and Antoine Kinch. Oral agreements are non- binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force. Antoine Kinch may elect not to exercise their rights as specified in this agreement. By doing so, Antoine Kinch does not waive their right to exercise those options at a future date. THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby. Purchaser: __________________________________ ____________________ Signature Date __________________________________ Printed Name Street Address: __________________________________ ________________________________________________ Daytime Phone: __________________________________ Evening Phone: __________________________________ Antoine Kinch: _______________________________ Antoine Kinch DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A 0.00 Courtney E. McLaughlin 0.00 Orange County Office of Equity & Inclusion 5/14/2024 1000 Corporate Drive, Ste. 400, Hillsborough, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/29/2024 Next First Insurance Agency, Inc.PO Box 60787Palo Alto, CA 94306 Antoine KinchAntoine Kinch DBA DJ Complex Music Services7713 Serenity Lake DrWake Forest, NC 27587 (855) 222-5919 support@nextinsurance.com 322827701 X X X 1,000,000.00 100,000.00 10,000.00 1,000,000.00 1,000,000.00 Orange CountyP.O. Box 8181300 W Tryon StHillsborough, NC 27278 1,000,000.00 Next Insurance US Company 16285 The Certificate Holder is Orange County. This Certificate Holder is an Additional Insured on the General Liability policy per the Additional Insured Automatic StatusEndorsement. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms andconditions. A X NXTVJVFXKJ-00-GL 05/09/2024 05/09/2025 LIVE CERTIFICATE Click or scan to view DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A