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HomeMy WebLinkAbout062220_ca03 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: SUBJECT: Professional Service: Plumb Productions/Jefferson County MRC STATEMENT OF ISSUE: Jefferson County Marine Resources Committee would like to create two to three video stories about JC MRC Projects: No-Anchor Zones/Eelgrass Protection; Olympia Oysters-Discovery Bay Reseeding; Rain Gardens-What the role these gardens play in water quality. ANALYSIS: This video project is designed to educate the public about the Jefferson County MRC projects, featuring volunteers working with staff and scientists to improve marine habitat in Jefferson County. FISCAL IMPACT: Funding for this project is through Grant No. SEANWS-2019-JeCoWS-00007 Northwest Straits Agreement between the State of Washington Department of Ecology and Jefferson County, effective October 1. 2019 ending September 30, 2021. RECOMMENDATION: Recommend Board of County Commissioners approve this request. REVIEWED BY: Philip Morley, y Adm. Date Jefferson County Marine ���� Resources ;_. ; Committee May 28, 2020 The Jefferson County Marine Resources Committee (MRC) has identified Jessica Plumb (Plumb Productions) as the best qualified and most cost-effective independent contractor (videographer) available to produce educational outreach videos for the MRC within the MRC's current 2020 funding window. Jessica Plumb is an award-winning local filmmaker and writer. She is perhaps most well known for her work as Producer, Co-Director and Writer of Return of the River, a feature documentary about the Elwha dam removal which has been recognized with a dozen festival awards. She also directs a video production company, Plumb Productions, that creates short films for clients, with a focus on storytelling for non-profit organizations and science media. Jessica Plumb also collaborates with other well-respected local cameramen and videographers, and she may be able to leverage donated footage from others. In addition to Jessica's demonstrated history of producing quality environmental films, she is motivated to focus on local projects during this time and is available and willing to get started immediately. The MRC has also evaluated qualifications, level of interest, and potential costs of other local videographers and companies, including Whaleheart Productions, Leaping Frog Films, Doubleclick Productions, Mountainstone Productions, and McCurdy Films. However,Jessica was the only one who expressed great interest in the MRC's work, shared the same vision for the educational outreach videos, was able to provide a line item budget, and could start right away. Monica Montgomery g Y Water Programs Coordinator WSU Jefferson County Extension 121 Oak Bay Rd Port Hadlock, WA 98339 Office: (360) 379-5610 x230 monica.montgomeryl@wsu.edu PROFESSIONAL SERVICE AGREEMENT for VIDEOGRAPHY for the JEFFERSON COUNTY MARINE RESOURCES COMMITTEE THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Plumb Productions (910 Fir St. Port Townsend, WA 98368), hereinafter referred to as "the Consultant", in consideration of the mutual benefits,terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the County to produce videos for the Jefferson County Marine Resources Committee (MRC), per Grant No. SEANWS-2019- JeCoWS-00007 Northwest Straits Agreement between the State of Washington Department of Ecology and Jefferson County, effective October 1, 2019, ending September 30, 2021. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit"A." 4. Payment. The Consultant 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 Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $5,300 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80%of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's 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 PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 1 of 10 three (3)years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant 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. 7. Indemnification. The Contractor shall defend, indemnify and hold the County, its officers, officials, employees,agents and volunteers (and their marital communities) harmless from any and all claims,injuries, damages,losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County.Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County,its officers,officials, employees, agents and volunteers (and their marital communities) the Contractor's liability,including the duty and cost to defend,hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification.This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve the Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 2 of 10 against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a"Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured"to a policy obtained by the Consultant refers to an endorsement(by number or name)but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance,withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall 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 Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that she has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that she has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission,percentage, brokerage fee, gifts, or any other consideration contingent PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 3 of 10 upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement,will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13.Non-Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15.Notices. Notices to the County of Jefferson shall be sent to the following address: County's Contract Supervisor Monica Montgomery, MRC Coordinator WSU Jefferson County Extension Dept 121 Oak Bay Rd Port Hadlock, WA 98339 Office: (360) 379-5610 x230 monica.montgomeryl@wsu.edu Notices to Consultant shall be sent to the following address: Contractor's Contract Representative Jessica Plumb Plumb Productions 910 Fir St. Port Townsend, WA 98368 Mobile: (360) 821-9665 PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 4 of 10 16. Integrated Agreement. This Agreement together with attachments or addenda,represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. DATED this day of , 20 PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 5 of 10 SIGNATURE PAGE JEFFERSON COUNTY BOARD OF COMMISSIONERS Jessica Plumb, Videographer Greg Brotherton, Chair David Sullivan, Member Kate Dean,Member Approved as to form only: 7Z;zaP ilip Morle Date County Administrator 6/17/2020 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 6( IV1,)z Clif oore, Director ate WSU Jefferson Co. Extension Dept PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 6 of 10 Exhibit A: SCOPE OF SERVICES Jefferson County Marine Resources Committee (MRC) 2-3 Videos for the MRC's Education and Outreach Work Jessica Plumb Plumb Productions 910 Fir St. Port Townsend, WA 98368 Overview and Goals The Jefferson MRC would like to create two or three short video stories designed to educate the public about the following Jefferson MRC projects. Each video is expected to be approximately 3 minutes long, featuring volunteers working with staff and scientists to improve marine habitat in Jefferson County. Each video would feature two primary characters associated with the story. The topics for potential video stories are: 1) No-anchor zones/eelgrass protection off the PT waterfront, including the buoy program and effort to educate the public about the importance of eelgrass habitat. 21 Olympia oysters and the effort to reseed these oysters in Discovery Bay. 31 Rain gardens and the role these gardens play in water quality. (if funding for third video becomes available) Plumb Productions proposes to make all three short videos. The initial budget of $5,300 will cover videos one and two. (Exhibit B). Scope of Work & Schedule The basic steps of video creation are 1) pre-production (planning, logistics including location, choosing subjects) 2) production (filming) and 3) post-production (editing, titling, color correction, music, export, delivery). In this project, pre-production would be shared with MRC staff. Production The current plan assumes one day of primary production per story with a single camera person, no crew, plus an additional day of b-roll filming to cover all stories. This is an ambitious production schedule that assumes: 1) comprehensive pre-production from the MRC and 2) the availability of donated and previously shot footage. PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee 1/ideography Page 7 of 10 The interview components of these videos are planned to be informal and outdoors, ideally in locations where the project work takes places. The budget for this project does not assume formal indoor interviews with production lighting. The goal for each story is to film two informal interviews in one day, a project lead /staff member and a volunteer/ engaged community member. Post-Production The post-production plan assumes two days of editing per story. This includes reviewing and organizing footage, followed by an initial edit on paper, then video editing in adobe premiere. The client will have an opportunity to review partway through the editing process. Normally clients are welcome to join me in the editing studio, however Covid- 19 rules prevent that at this time. Draft review will happen online via Vimeo. Post-production ends with finishing details including soundtrack, titles and credits. This proposal assumes online and digital file delivery of the project. Please note that the budget does not include funding for duplication, i.e. multiple DVD copies or other media. I am happy to load HD video files onto an external drive provided by the client. Budget Find a line item budget for a two-story and three-story budget attached (Exhibit B). Deliverables and Deadlines Invoices may be submitted to the County when work has been completed and approved by the County's Contract Supervisor (Monica Montgomery, MRC Coordinator). Pre- production and a portion of the production are due by June 30, 2020. Post-production and final video products are due by September 30, 2020. PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 8 of 10 Exhibit B: PAYMENT FOR SERVICES DRAFT BUDGET MRC 2020 Two story budget Description Rate Time Total Pre-production Producer,Jessica 600.00 .5 day $300.00 SUBTOTAL PRE PRODUCTION $300.00 Description Rate Time Total Production,two stories Camera one with all video&audio gea 800.00 2.5 days $2,000.00 Assumes 1 day filming per story,half day day for Broll Additional crew/drone footage 800.00 .5 day $400.00 Assumes donated underwater footage Location fees: this budget assumes no location fees SUBTOTAL PRODUCTION $2,400.00 Description Rate Time Total Post Production,two stories Editing 600.00 4 days 2,400 Assumes 2 days of editing per story Music licensing I _ $200.00 Allows$100 per story,could be reduced by recycling music SUBTOTAL POST PRODUCTION $2,600.00 Equipment rental included in this budget under camera crew Total TOTAL PROJECT BUDGET, 2 complete stories $5,300.00 PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 9 of 10 DRAFT BUDGET MRC 2020 Three story budget Description Rate Time Total Pre-production Producer,Jessica 600.00 .5 day $300.00 SUBTOTAL PRE PRODUCTION $300.00 Description Rate Time Total Production,three stories Camera one with all video&audio gea 800.00 4 days $3,200.00 Assumes 1 day filming per story,one extra day for Broil Additional crew/drone footage 800.00 .5 day $400.00 Assumes donated underwater footage Location fees: this budget assumes no location fees SUBTOTAL PRODUCTION $3,600.00 Description Rate Time Total Post Production,three stories Editing 600.00 6 days 3,600 Assumes 2 days of editing per story Music licensing I $300.00 Allows$100 per story,could be reduced by recycling music SUBTOTAL POST PRODUCTION $3,900.00 Equipment rental included in this budget under camera crew Total SUBTOTAL EQUIPMENT $0.00 TOTAL PROJECT BUDGET, 3 complete stories $7,800.00 PROFESSIONAL SERVICES AGREEMENT Jefferson County Marine Resources Committee Videography Page 10 of 10