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HomeMy WebLinkAboutRequest to Purchase - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC REQUEST SUBMITTED BY: CEMANELL CONTACT PERSON ATTENDING ROUNDTABLE: CEMANELL CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 11 /20/2024 PHONE:2931 JLIVAI ❑Agreement / Contract ❑AP Vouchers ❑Appointment / RNil eappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related El County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations *Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB 11 119"OWMA"ro Request from Coulee Creative to sign on behalf of Grant County for the purchase of a Video Production Proposal by Voortex Productions in the amount of $33,500.00 to be paid out of Fund 114.156. If necessary, was this document reviewed by accounting? R YES ❑ NO ❑ N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: �`j I APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO- WITHDRAWN - 4/2 3/24 aOutlook RE: Video Production Proposal From Rebekah M. Kaylor <rmkaylor@grantcountywa.gov> Date Wed 11 /20/2024 2:53 PM To Caitlin E. Manell <cemanell@grantcountywa.gov> am fine with this. Thank you! Regards, Rebekah Kaylor Chief Deputy Prosecuting Attorney (Civil/Appellate) Grant County Prosecuting Attorneys Office PO Box 37 Ephrata, WA 98823 Phone: 509.754.2011 x3950 Fax: 509.754.6574 rmkaylor _gra ntcou ntywa.gov The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity to whom the e-mail was addressed. It contains information that may be protected by attorney -client privilege, work -product, or other privileges, and may be restricted from disclosure by applicable state and federal law. If you are not the intended recipient of this message, be advised that any dissemination, distribution, or use of the contents of this message is strictly prohibited. If you received this message in error, please contact the sender by reply e-mail. Please also permanently delete all copies of the original e-mail and any attached documentation. Please be advised that any reply to this e-mail may be considered a public record and be subject to disclosure upon request. From: Caitlin E. Manell <cemanell@grantcountywa.gov> Sent: Wednesday, November 20, 2024 10:12 AM To: Rebekah M. Kaylor <rmkaylor@grantcountywa.gov> Subject: Fw: Video Production Proposal Hello Rebekah, Rachelle sent over an updated contract with the recommendations that you gave. Could you please review this once more and let me know what you think? Thanks! Caitlin E. Manell Deputy Clerk of the Board I Grant County Commissioners Office PO Box 37 35 C Street NW Ephrata, WA 98823 509-754-2011 ext. 2931 509-754-6098 (fax) From: Rachelle Baughman <rachelle@couleecreativeco.com> Sent: Wednesday, November 20, 2024 10:06 AM To: Caitlin E. Manell <cemanell@grantcountywa.gov> Subject: Re: Video Production Proposal **EXTERNAL EMAIL** This email originated from outside Grant County's network. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Caitlin, Voortex was extremely accommodating and they updated the terms of the contract for the concerns. They did say that they do not charge tax as they are a service. Please let me know if there is anything else that is needed. Rachelle On Nov 19, 2024, at 12:49 PM, Caitlin E. Manell <cemanell aagrantcountywa.gov> wrote: Hello Rachelle! If you are able to negotiate these terms with Voortex and send me a new contract that reflects those changes, I can send it to legal again for confirmation to move ahead. I am sure that Rebekah will want to double check that the changes were made correctly. Thanks! Caitlin E. Manell Deputy Clerk of the Board I Grant County Commissioners Office PO Box37 35 C Street NW Ephrata, WA 98823 509-754-2011 ext. 2931 509-754-6098 (fax) (WRTVOOEX PRODUCTIONS VISUAL STORYTELLING & CINEMATIC BRANDING Video Production Proposal for Grant County Written by Alicia McKee for Rachelle Baughman . . . . . . . . . . Your story is meaningful, and we believe it deserves to be told in a way that truly connects with people. At Voortex Productions, we focus on simple, authentic storytelling that lets your mission shine through. We prioritize authenticity over traditional marketing jargon because we've seen how genuine, emotionally resonant storytelling drives engagement. Our films are designed to make viewers feel something real, because when we evoke that emotional connection, it leads to meaningful, measurable impact —whether through increased shares, audience growth, or brand loyalty. Collaboration is at the heart of what we do. We immerse ourselves in your world, working closely with you to uncover the core of your story. We're built to travel. We're nimble and adaptable, always finding creative ways to capture every moment. Even after the project is done, we're here for the long haul. Your story deserves to be told in a way that's honest, beautiful, and long lasting. Together, we will create the Quincy Cinematic Branding piece, a film that brings your town's unique character to life. It will showcase why Quincy is a vibrant part of Grant County, highlighting its community spirit, connection to nature, and deep historical roots. The focus will be on capturing key moments that define life in Quincy —lively festivals, the rich agricultural heritage, and the breathtaking scenery of the Columbia River and Ancient Lakes. These visuals will reveal a town shaped by tradition, yet full of energy and opportunity. This branding piece will be a lasting tribute, crafted to draw in visitors and inspire pride among residents. With dynamic footage of local businesses, outdoor recreation, and the welcoming faces of Quincy's people, the film will tell a compelling story set to a soundtrack that resonates with viewers. This project will serve as a powerful tool to elevate Quincy's profile and invite others to discover its unique charm. Potential Sample Itinerary Day l: Filming in Downtown Quincy •Downtown Quincy: Scenes in downtown Quincy, capturing local businesses opening for the day, early commuters, and the first light on the streets. Focus on everyday life and the quiet charm of the town. •Daytime Filming: Highlight key locations such as Quincy's Farmer's Market (if in season), local parks, and public spaces. Film interviews or interactions with local shop owners, farmers, and residents going about their day. Filming Focus: Community life, local businesses, and Quincy's small-town atmosphere. •overnight in Quincy. Day 2: Filming in George and the Gorge Area Day 5: Filming in Ephrata and Soap Lake •Sunrise at Soap Lake capture the unique light and calm waters at sunrise, focusing on the natural Landscape and the lake's famous mineral -rich water. *Daytime at Grant County Historical Museum: Film exhibits and interviews Deliverables One 3-5 minute Narrated Cinematic Branding Video 30 sec overview version (vertical and horizontal) 30 version from each town (9 towns - in both vertical and horizontal) A lilrary o.f processed footage from eac location or attraction Agreement: • Permit and location fees • Scouting services • Auditions and character fees • Character coordination • Graphics and animations • Deployment services Optional Additional Services: If the Client determines that any of the above services are needed, they may: 1.Manage them independently: The Client may choose to manage and cover the costs of these services. 2.Request them from Voortex Productions: Upon mutual agreement, Voortex can provide these additional services for an agreed -upon fee. Mutual Understanding: Both parties acknowledge and agree that the excluded services are currently not anticipated as part of this project. Should the need arise., open communication will be maintained to adjust the scope and terms accordingly. Pre Production $5'OOO Resea�o'p�nningand deve|opmen�music selection.,communica�ion Production $I3'OOO One road trip orSix pmuuctionDays including drone Post Production $7'800 pik��edit, thumbnail, 2 revisions (see deliverables above) 30sec cut of each town 6 a 5750 $4'500 Filter, edit, thumbnail, 2 revisions (you ran select how many towns) Project Expenses $3'2OO Mileage, music license, media storage, Travel Total Cost$33,500 Payment plan $2,000 down payment at the time of signed contract. Equal monthly payments for the duration of the contract will be invoiced on the first of each month,. with NET30 Payment terms. We are flexible and are happy arrange different payment terms and / or billing structure if needed. This Agreement is made as of this date, [Date], between [Contracting Client] ("Client"), and [producer Production Company] ("Producer"). Producer hereby agrees to produce and deliver to Client the production of the below referenced media(s) ("Specified Media(s)"), subject to and in accordance with all terms, conditions, and specifications set forth herein. Producer responsibilities for furnishing media are detailed in Proposal Form. 1. Producer and Client agree to the below Specified Media(s) Table (more 1. SPECIFIED MEDIA: particularly described in Paragraph 5 below). Media Hosting for Public Display and Deployment (producer, client, both) Finished Product Rights (shared, client exclusive, producer exclusive) Used Source Media Rights (shared, client exclusive, producer exclusive) Unused Media Rights (shared, client exclusive, producer exclusive) Both Shared Producer Exclusive Producer Exclusive 2. QUALITY: It is the essence of this Agreement that all completed media and services supplied by Producer shall be of applicable production standards. Producer agrees that the media shall be of quality, artistically produced with direction, photography, sound, art, animation, synchronization and other physical and aesthetic content as agreed upon in the proposal. The client has critically reviewed samples of Producer's work and hereby grants full editorial and production control to Producer regarding all creative aspects of the production and post -production services for the Specified Media(s). 3. FURNISHING MATERIALS, SERVICES, & RELEASES: Other than providing related access and clearances to locations (which shall be the responsibility of Client), camera positions and contact personal, the Producer will supply production notes and outlines, music, character talent, and creative guidance unless otherwise noted. If a subcontractor is required to assist with Specified Media as stated, Producer will select, hire and compensate accordingly. The Producer shall deliver the completed project pursuant to this Agreement. Producer shall provide to Client copies of necessary consents, waivers, releases forms and licenses required from talent and all persons or entities who have rendered services to Producer in connection with the Specified Media(s). 4. CHANGES IN SPECIFICATIONS: If at any time, Client desires to make any changes or variations from the script(s) or storyboard(s) in the specified Media(s) or from any material or work in progress, and such changes result in additional costs to Producer, Producer agrees to notify the Client of the amount before any such additional costs are incurred and Producer shall proceed only after receiving approval (written or oral) from Client, approval by Client shall be binding and incorporated into the terms of this Agreement. Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment. 5. SPECIFIED MEDIA RIGHTS: Producer owns all titles and interest in and to the media(s) which are the subject of this Agreement, including all intellectual property and digital media and copyrights therein as well as in and to all the recorded and generated digital files. Specified Media Rights are shown on the Table set forth in Paragraph 1 above. Producer and Client acknowledge and agree that the ownership and legal rights to the Specified Media(s) shall be held in such manner checked in the Table, which is more thoroughly described below. Definitions Shared Rights: Both Producer and Client hold the right to use Specified Media(s) for display, publication, and portfolio purposes. Producer grants Client an exclusive, worldwide, perpetual, sublicensable, transferable, royalty free license to Specified Media(s) produced during the course of the contracted work and life of Specified Media(s) thereafter. Any commercial use of Specified Media(s) that directly generates revenue may be subject to a license agreement between Producer, Client and third party. Client Exclusive Rights: Client holds the exclusive right to have Specified Media(s) used exclusively within productions commissioned by Client. Client holds the right to use Specified Media(s) for display,, publication, and portfolio purposes. Client holds an exclusive, worldwide, perpetual,, sub- licenseable, transferable, royalty free license to Specified Media(s) produced during the course of the contracted work and life of Specified Media(s) thereafter. Any commercial use of Specified Media(s) that directly generates revenue may be subject to a license agreement between Producer and third party. Producer may not use Specified Media(s) for display, publication, and portfolio purposes unless granted permission by Client. If Client chooses exclusive rights., An Exclusive Rights Fee will be charged determined at the producer's discretion. Producer Exclusive Rights: Producer holds the exclusive right to use Specified Media(s) for display, publication, portfolio purposes and licensing platforms. Access to producer exclusive media is available at our standard hourly in- house production rates of $150 per hour. Any further use of Specified Media(s) by Client may require a media license at Producer's discretion. 6. SECURITY/CONFIDENTIALITY: Producer understands that some information for said Specified Media(s) may be of a confidential and/or sensitive nature. Producer agrees, at Client's written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the Specified Media(s) except as such disclosure may be necessary for Producer to produce media(s) in the usual and customary manner under this Agreement. 7. INDEPENDENT CONTRACTOR: It is understood that Producer's status under this Agreement is that of an independent contractor and that all persons engaged by Producer in performing its obligations shall not be deemed employees of Client. 8. PRODUCER WARRANTIES: Producer represents and warrants: That Producer has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable Federal, State and Local Laws., ordinances and regulations and with all applicable agreements to which Producer is a signatory.That Producer will use reasonable efforts to obtain all licenses, consents and rights necessary and incident to the performance,, reproduction and exhibition of the Specified Media(s) with respect to materials, elements and services provided by Producer. 9. CLIENT WARRANTIES: Contracting Client represents and warrants: Client shall pay Producer within 10 days of invoice(s) as lined out in Section I (Payment Schedule), unless otherwise arranged.Client assumes all responsibility for obtaining any necessary permission, clearance permits, etc., which may be required for Producer to capture content on a designated date and location. 10. DELIVERY OF MATERIALS AND HOSTING: Delivery of the Specified Media(s) shall mean delivery of the Specified Media(s) in paragraph I by Producer to Client. Hosting and Deployment is determined between Producer and Client as to who is responsible for hosting the Final Product for public display. Producer will retain copies of Specified Media(s) generated during the course of the commissioned work. The Producer will do everything within its power to save and backup Specified Media(s). After final delivery of Specified Media(s) The Producer does not guarantee. indefinite, archival preservation. 11. PAYMENT: Client understands that the specified terms of payment under this Agreement are based upon timely check, money order or credit card payments within NET30. If Client chooses to defer paying any amount beyond the date on which it is due, Client may be charged at the Producer's discretion, as additional consideration, an amount equal to 5% on unpaid amounts until paid, compounded every 30 days. Rights to Specified Media(s) does not transfer until full payment is made to Producer. 12. INDEMNIFICATION: Producer hereby agrees to, at its sole discretion, indemnify, defend, or hold harmless Client and its officers, employees, agents and licensees from and against any and all claims, actions, damages,, liabilities and expenses, arising out of Producer's operations or activities in regards to the Project, including damages caused by Producer's agents or employees and including claims by agents or employees of Producers. Client agrees., at Client's sole discretion, to indemnify, defend,, or hold harmless Producer and its officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of Client's operations or activities in regards to the Project, including damages caused by Client's agents or employees and including claims by agents or employees of Client. 13. TAX LIABILITY: Any sales tax, use tax, or other tax payable on production and delivery of Specified Media(s) to Client(s) (other than sales tax arising from Producer's purchases of materials or supplies in connection with the production) shall be the responsibility of Client who shall pay, defend and hold harmless Producer from payment of any such taxes. 14. ASSIGNMENT: This Agreement may not be assigned by either party without the written consent of the other. 15. INSURANCE COVERAGE: Producer covenants and warrants that it holds and operates under $1,000,000 of general liability insurance. Producer will add Client to policy and produce a copy of proof of compliance to Client within 10 days of such request. Client covenants and warrants that it holds Errors and Omissions Liability of no less than $1,000,,000 and general liability insurance of no less than $1,000,000 per occurrence. Client will add Producer to policy and produce a copy of proof of compliance to Producer within 10 days of such request. Waiver of Subrogation. Producer and Client shall each procure, if obtainable without payment of an additional premium, an appropriate clause in, or an endorsement on, any policy of fire or extended coverage insurance covering the Project, and any liability policy for the Project, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery, and, conditioned upon a party having obtained such clauses or endorsements or waiver of subrogation or consent to a waiver of right of recovery, such party hereby agrees that it shall not make any claim against or seek to recover from the other for any loss or damage to its property, or the property of the other, resulting from fire or other hazards covered by such insurance,, notwithstanding other provisions of this Lease; provided, however, that the release,, discharge, exoneration and covenant not to sue herein contained shall be limited by the terms and provisions of the waiver of subrogation clauses or endorsements consenting to a waiver of right of recovery, and shall be coextensive therewith. if either Producer or Client is unable to obtain such clause or endorsement or is able to obtain such clause or endorsement only upon payment of an additional premium, such party shall promptly give the other party notice to that effect, in which event the other party shall have the option to pay such additional premium, and upon such payment, the party whose insurer requires such payment shall promptly procure such clause or endorsement. If the party opts not to pay the additional premium,, the parties agree that no waiver of subrogation will be given by either party. 16. CONTINGENCY AND WEATHER DAYS: 1. A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of the production company. 2. These circumstances may include but should not be limited to: (1) Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client). (2) Client injury,, illness, or absence of client -supplied elements. (3) "Force majeure-" (meaning but not limited to., earthquake., riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God). (4) "Client Insured Re -Shoots" (any additional days for a job insured by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day. The Production Company recognizes its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices. The Production Company will quote the maximum exposure figure (a "not to exceed" figure) as a contingency day cost. This will be a cost per day figure. However., this figure does not include the cost of premiums for crew or suppliers (i.e.,. should the contingency day fall on weekends., holidays or premium days based on consecutive employment). Contingency Day Cost: $ 2fO06. 17. CANCELLATION AND POSTPONEMENT: A cancellation or postponement is defined as a total cancellation of the project caused or directed by Client, or a rescheduling of the production to a later specific date caused or directed by Client. Contingency day costs apply to cancellation or postponement terms. (referred in paragraph 16.) If the Production Company blocks out a specific period of time with the agreement that it represents a firm commitment from the Client, then the Production Company makes no further efforts to sell the time. If the job is canceled or postponed within the Guideline time frame, it is unlikely that this time can be re -booked. It should be understood that this time represents the Production Company's only source of income. A. If notice of cancellation/postponement is given to the Producer ZERO TO FIVE WORKING DAYS prior to the commencement of the shoot, the Client will be liable to the Production Company for: (1) All Out-of-pocket costs; (2) ONE- QUARTER of a Production Day. B. If notice of cancellation/postponement is given MORE THAN FIVE WORKING DAYS prior to the commencement of the shoot, the Client will be liable to the Production Company for: (1) All out-of-pocket costs. 18. DISPUTE RESOLUTION: The prevailing party in any legal action shall be entitled to attorneys fees and costs in connection with the legal proceedings. 19. ENTIRE AGREEMENT AND MODIFICATION: This Agreement and any Addenda attached hereto shall constitute the entire agreement between Producer and Client. Any amendment hereto must be in writing and signed by each party. 20. CAPTIONS: The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Agreement or of any provision hereof. 21. NO WAIVER: Failure of any party to this Agreement to exercise any rights shall not constitute a waiver of those rights. 22. ENFORCEABILITY,* If one or more of the provisions of this Agreement shall be held unenforceable, it shall not affect the enforceability of the other provisions. 23. EQUAL OPPORTUNITY: In connection with its performance hereunder, Producer agrees not to discriminate against any employee or applicant because of race, religion, sexual orientation, color, sex., national origin, age, disability, or any other factor protected by federal, state or local law. 24, HARASSMENT: Client understands that in the event that Producer experiences any inappropriate, threatening, hostile or offensive behavior from any person on the production days that the Producer may request the offending person(s) to be removed from the premises immediately or Producer may leave the production completely after giving ample notice and warning. 25. APPLICABLE LAW: This Agreement shall be interpreted and governed by the local laws of the State of Washington and venue shall only be proper in the Superior Court of Chelan County, Washington. 26. AUTHORIZATION: The person signing below on behalf of Client and Producer covenant and warrant that he or she is authorized, to sign this Agreement on behalf of the entity he or she represents. Next steps l.Read and agree tothe terms, and sign below bvtyping your name and hitting 'Sign Proposal'. 2You can pay your down payment right here whenever you're ready. After you sign you will betaken toopayment portal. |fyou prefer topay bvcheck, before you sign, unoheckthat box inthe Investment section aoyour total project cost does not include the Convenience fee. Then simply ignore the payment portal and wewill send oninvoice instead. 3. We'll reach out to you to arrange the pre -production meeting where we'll gather everything vveneed. Thank you. It would be our pleasure to help you tell your stories.