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HomeMy WebLinkAbout022513_ca02JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Kate Driehaus, WSU Jefferson County Extension DATE: February 25, 2413 RE: Contract with Mountainstone Productions STATEMENT OF ISSUE: This contract allows Mountainstone Productions to create a video per the deliverable outlined in the EPA Puget Sound Watershed Management Assistance grant, which WSU Extension is administering in partnership w7th the Watershed Stewardship Research Center. ANALYSIS: This video will feature residents who have implemented shoreline and habitat protection or restoration projects in Jefferson and Clallam Counties. Topics covered will be LID installations, habitat enhancements, and buffer management method, as well as other habitat enhancement projects implemented at the residential level. FISCAL IMPACT: $~ 172.00 -expense is 100% grant funded RECOMMENDATION: We recommend that the Commissioners approve this agreement DEPARTMENT CONTACT: Kate Driehaus 379-5610 Ext. 206 REVIEWED BY: ~~~~~ 2 ' ip Mo le ounty A miri or Date PROFESSIONAL SERVICES AGREEMENT Between JEFFERSON COUNTY And Mountainstone Productions This Agreement is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County" and Mountainstone Productions, hereinafter referred to as "the Contractor" in consideration of the mutual benefits, terms, and conditions hereinafter specified. Section 1. Desigr-ation The County, on behalf of the Jefferson County Extension, in agreement with the terms and conditions of the Statement of Work hereby contracts with the Contractor who will perform duties as described in Exhibit A. Section 2. Term This Agreement shall commence on l~ebruary 15, 201 ~ and continues through June 30, 2013 unless terminated as provided herein. Section 3. Scone of Agreement The Contractor agrees to perform the services, identified on Exhibit A. A. The Contractor supports the Jefferson County Department of Community Development program goals and objectives. B. The specific duties of the Contractor are outlined in Exhibit A. C. The Contractor shall provide reporting detailed in Section 10. Section 4. Compensation The Contractor shall be paid by the County for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Contractor shall be invoiced in two invoices. One third of the total at the conclusion of the pre-production of the contract and two thirds upon completion of the project. This contract shall not exceed 54,172.0(} in the completion of this project without a written .amendment signed by both parties to this Agreement. Mountainstone Productions Contract B. The Contractor may submit invoices to the County for work completed. The County will review such invoices, and upon approval thereof; payment will be made to the Contractor in the amount approved. C. County will make final payment of any balance due the Contractor promptly upon its ascertainment and verification after the completion of the work under this Agreement and its acceptance by the County. D. Contractor records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. E. Ownership and use of documents. The Contractor acknowledges and agrees that any and all work product directly connected and/or associated with the services rendered hereunder, including but not limited to all documents, drawings, specifications, writings, samples, reports, pictures and the like which the Contractor drafts, makes, conceives, develops in the performance of the service hereunder, either solely and/or jointly with the County shall be the sole and exclusive property of the County. The Contractor further acknowledges that such material shall be considered work for hire and the Contractor acknowledges the County's sole and exclusive right to such copyright, patent, trademarks, trade names and other intellectual property right claims for said materials. Other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the County whether the projects for which they are made are executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings, writings, samples, reports, and specifications for information, reference, and use in connection with Contractor endeavors. After the County has released the video to the public, the Contractor reserves the right to display and link to the completed project as part for additional promotion and to write about it on web sites, in magazine articles and in books about web or video production. Contractor retains the right to use promotional from the production for promotion and advertising purposes. Contractor will work in conjunction with County to and provide appropriate credits to the County, EPA and WSU. Section 5. Compliance with laws The Contractor shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. Contractor will properly dispose of any information, which is no longer needed or has been converted to another media. Jefferson County Extension may audit Contractor's access to and use of confidential information at any time or on an ongoing basis. Mountainstone Productions Contract Section 6. Indemnification The Contractor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, lawsuits, demands for money damages, losses or liability, or any portion thereof, including attorney's fees and costs, arising from any injury to person or persons (including the death or injury of the Contractor or damage to personal property) if said injury or damage was caused by the negligent acts or omissions of the Contractor. Section 7. Insurance The Contractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required A. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence. Contractor shall provide proof of insurance to the County in care of Darcy McNamara at Jefferson County Extension, 201 W Patison, Port Hadlock, WA 98339 prior to commencing employment. B. The Contractor shall participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington. C. General Commercial Liability Insurance in an amount not less than a single limit of $500,000 per occurrence and an aggregate of not less than two (2} times the occurrence amount ($1,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: (1) Broad Form Property Damage, with no employee exclusion; (2) Personal Injury Liability, including extended bodily injury; (3) Broad Form Contractual/Commercial Liability including completed operations; (4) Premises -Operations Liability (M&C); (5) Independent Contractors and subcontractors; (6) Blanket Contractual Liability. Such insurance coverage shall. be evidenced by one of the following methods: (1) Certificate of Insurance (2) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Section 8. Independence The Contractor and the County agree that the Contractor is an independent Contractor with respect to the services provided pursuant to this agreement. Mountainstone Productions Contract Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. The Contractor shall not be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to employee. Section 9. Assignments and Subcontracting The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Section 10. Renortin~ The Contractor will provide a report to the County for payment for services rendered. The report shall contain a brief summary of the work performed, relationship to the tasks identified in Exhibit A. The report shall be submitted to Jefferson County Extension in care of Darcy McNamara, 201 W. Patison, Port Hadlock, WA 98339. Section 11. Termination A. The County reserves the right to terminate this contract in whole or in part, without prior written notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. B. This Agreement may also be terminated as provided below: 1. With 14 days' notice by the Board of County Commissioners (or their designate) for non-performance of the specific j ob duties listed in Exhibit A. Contractor may cure the default or non-performance during the 14 days that notice of termination is pending. 2. With 14 days' notice by the Contractor by voluntary resignation. Section 12. Modification This Professional Services Agreement may be modified at any time by written agreement of all parties Section 13. Integrated Agreement This Agreement together with attachments or addenda represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral, between the parties. This Agreement may be amended only by written instrument signed by both County and Contractor. Mountainstone Productions Contract Approved this day of , 2012. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON John Austin, Chairperson Contractor - Moun instone Productions ; Al Bergstein ATTEST: Clerk of the Board approved as to form only: ~13~/3 ~~ ~L'`~erson CA+ Y'rese~nt@ ' ~1~1~ EXHIBIT A Mountainstone Productions Contract STATEMENT OF WORK MOUNTAINSTONE PRODUCTIONS I. WORK STATEMENT This contract is to create a video to complete Element D.4 of the EPA Puget Sound Watershed Management Assistance Grant as follows: Neighbor to Neighbor video Description: A short video will be produced featuring local residents who have implemented shoreline and habitat protection or restoration projects in Jefferson and Clallam counties. Focus: Feature low impact development stormwater/landscape installations, shoreline stabilization and buffer management methods, and other habitat enhancement projects implemented at the residential scale; highlight environmental, economic and social benefits and challengesllessons learned; reference applicable code requirements and alternative options to prescriptive standards. The above items in the focus do not create a checklist of absolute requirements, but a list of topics that the County would like covered if the final mutually agreed upon script allows. Inclusion of all or some of these topics in the final deliverable will be determined by consultation of Project Manager, County Representatives and Contractor as part of the creative process. County has the ability to shorten the specified video or it's `focus' (read features), but not to add to them without both parties written consent. Doing so constitutes an expansion of requirements that may require additional costs. All changes beyond the scope of this project document will be made via written requests, approved in writing between both parties, and billed at the same hourly rate as above. Deliverables: 1) Original digital content including video footage, graphics and audio; 2) Two DVD copies of the finished production Mountainstone Productions Contract Mountainstone Productions Contract