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HomeMy WebLinkAboutC24580 - Create & Develop New "Recycle Binney"REQUEST: SUBMITTED BY: DATE: CONTENTS: I. INTEROFFICE MEMORANDUM Community Services Division City of Palm Desert Request to Approve and Execute Contract with the Lawrence Company for the Creation and Development of Three New Recycle Binney Commercials and Authorize the Advertisement of Commercials. Frankie Riddle, Senior Management Analyst November 10, 2005 1. Lawrence Contract 2. Automated Collection System Implementation Program RECOMMENDATION: By Minute Motion, approve the following: 1. Approve Contract No. c24580 and authorize the Mayor to execute same with the Lawrence Company for the creation of the next three recycling commercials (e.g., Commercial Recycling, E-waste, and Universal Waste Recycling), and the Spanish translation of the Introduction of Recycle Binney Commercial in the amount of $144,700 plus a 10% contingency in the amount of $14,400; 2. Authorize staff to advertise spots on Time Warner, KESQ, KMIR, KPSP, and other media as appropriate in the amount of $71,750 plus 10% contingency in the amount of $7,175; and 3. Authorize the expenditure of budgeted funds in the total amount of $238,025 from Account No. 236-4195-454-3090. 11. DISCUSSION: City Council approved the creation and development of future commercials of Recycle Binney as part of the FY 2005/06 Budget process. The Lawrence Company is in the process of creating the next three spots (e.g., Commercial Recycling, E-Waste, and Universal Waste) as well the Spanish translation of the original Recycle Binney commercial. Once the commercials have been developed, the following stations will run each spot at the below noted cost from July 2005 to June 2006: 1. Time Warner in the amount of $18,010 2. KESA — ABC3 in the amount of $20,500 3. KMIR — NBC in the amount of $17,500, and 4. KPSP —C13s2 in the amount of $15,740 City Council Staff Report November 10, 2005 Contract No. C24580 After the airing of the original Introduction of Recycle Binney, staff received numerous phone calls from our own residents as well as residents of neighboring cities. Many of the calls received were from various gated communities inquiring as to when their community would be provided with this service and requesting recycling service be established, thus achieving one of the major goals of the commercial itself. In general, the residents were enthusiastic about the commercial and about the recycle program. City staff is working with Waste Management to finalize the implementation schedule of the automated collection system within gated communities that currently do not have the automated system. Attached is an implementation program that has been worked out between the City and Waste Management; completion of this program will be undertaken in four (4) phases with the deadline scheduled for the end of 2006. Staff requests that the City Council approve the above recommendation as stated. Submitted By: Frankiiddle Senior Management Analyst Concur: J Sheila R. ' illif an Assistant City Manag Community Services Approval: Carlos L. Orteg City Man Paul $ibson Direc r of Finance Contract No. C24580 AGREEMENT between the CITY OF PALM DESERT and THE LAWRENCE COMPANY for the development of three Recycle Binney PSA spots in English and in Spanish. General Terms Applicable To This Retention This agreement is made between THE LAWRENCE COMPANY and THE CITY OF PALM DESERT. THE CITY agrees to perform its obligations under this agreement. The person signing this agreement on behalf of THE CITY represents and warrants to THE LAWRENCE COMPANY that he/she has the authority to enter into the agreement on behalf of THE CITY and to bind Palm Desert to perform its obligations under the agreement. In the unlikely event that sums payable under this agreement become the subject of controversy (except sums payable involving less than $5,000.00, which you agree to resolve in Small Claims Court in Los Angeles, California) both sides agree that such controversy will be settled by binding arbitration in Los Angeles, California, in accordance with the law of the State of California. Judgment on the award rendered may be entered in any court having jurisdiction. The prevailing party shall be entitled to recover reasonable fees and costs. Additionally, in the event that any of the bills described herein are not timely paid, THE LAWRENCE COMPANY reserves its right to withdraw from this engagement regardless of the state of the matter and regardless of any event or proceeding, which may be pending. Both sides agree to waive any rights they may have to receive damages or indemnification on any theory of liability for special, indirect, consequential or exemplary damages. This contract will be interpreted following the laws of the State of Califomia. All fees and expenses will be billed to THE CITY based on the schedule detailed in Appendix I and are due and payable upon receipt of the invoice. All bills will be rendered to THE CITY and will be THE CITY's sole responsibility. Credit will not be extended and a delinquency charge of one and one-half percent per month will be assessed on unpaid balances that are thirty (30) days overdue from the date of the invoice. The terms of this LETTER OF AGREEMENT are valid until 10/7105. If THE CITY has not returned the signed engagement letter along with the deposit within that time, we will contact you to inquire if you intend to proceed with the engagement. If you decide not to proceed with the engagement, we will charge you for all reasonable work and expenses incurred up to the time of notification. Contract no. C24580 Terms Applicable to Design, Production and Presentation 1. CONTRACT SERVICE THE LAWRENCE COMPANY will design and produce three animated 30 sec PSAs and based on the existing "Recycled Binney" 3-D character. The elements are more specifically identified in Appendix I that is attached to and made a part of this AGREEMENT. 2. TIME OF COMPLETION The PRODUCTION SCHEDULE for the various elements is described in Appendix II that is attached to and made a part of this AGREEMENT. Client approvals are vital to deliver the project on schedule. Every effort will be made to maintain the proposed schedule. It THE CITY does not review and approve elements in a timely manner the delivery date may be compromised. THE LAWRENCE COMPANY is not responsible for schedule changes resulting from delays in client reviews and approvals. 3. THE CONTRACT PRICE THE CITY will pay THE LAWRENCE COMPANY for the CONTRACT SERVICES as stated in Appendix III, subject to additions and deductions related to authorized changes to the scope of the CONTRACT SERVICE. 4. PROGRESS PAYMENTS Payments of the CONCTRACT PRICE shall be made in installments upon completion of the requisite acceptance criteria set forth in Appendix IIII. 5. LICENSING The licensing of use of materials is set forth in Appendix IX. 6. OTHER PROVISIONS All changes to the scope of the CONTRACT SERVICE shall be in writing and signed by THE CITY and THE LAWRENCE COMPANY, which writing then shall be incorporated in and become a part of this AGREEMENT. 7. THE LAWRENCE COMPANY will not disclose to THE CITY any information of third parties that THE LAWRENCE COMPANY does not have the right to disclose. 8. This AGREEMENT may be terminated by either party at any time, with or without cause, upon thirty — (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by THE CITY, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and CITY shall be entitled to reimbursement for any compensation paid in excess of the services rendered. "Recycle Binney" PSA Agreement Page 2 of 8 111312005 Contract No. C24580 9. This AGREEMENT is the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing, signed by both parties. 10. THE LAWRENCE COMPANY is an independent contractor and is not an employee or agent of THE CITY. THE LAWRENCE COMPANY shall be entitled to no benefits or compensation from THE CITY except as set forth in this AGREEMENT and shall in no event be entitled to any fringe benefits payable to employees of THE CITY. THE LAWRENCE COMPANY shall be solely responsible for the payment of all taxes due on the income received from performing the CONTRACT SERVICES. 11. THE LAWRENCE COMPANY agrees to indemnify THE CITY, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, coasts, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of THE LAWRENCE COMPANY, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of THE LAWRENCE COMPANY hereunder, or arising from THE LAWRENCE COMPANY's negligent performance of or failure to perform any term, provision, covenant or condition of this AGREEMENT. In the event THE CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against THE LAWRENCE COMPANY for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of THE LAWRENCE COMPANY hereunder, THE LAWRENCE COMPANY. agrees to pay to THE CITY, its officers, agents or employees, any and all costs and expenses incurred by THE CITY, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attomeys' fees. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date of the party last signing below. THE CITY OF PALM DESERT By: Name: Title Date: THE LAWRENCE COMPANY By: Name: Daniel Mueller Date: "Recycle Binney" PSA Agreement Page 3 of 8 111312005 Contract No. C24580 Appendix I CONTRACTED SERVICES Three Public Service Spots (PSA) Conceive, Write, Design and Produce three animated 30-second Public Service Spots focusing on desert recycling using the "Recycle Binney" character. Working with The City and its representatives, story concepts for the three spots will be developed and submitted for approval. (The subjects of the three spots are: Household Waste, E-Waste and Office Waste.) Once the concepts for the three spots are approved, the three scripts will be written and submitted for approval. Upon the scripts being approved the storyboards will be developed. These storyboards will be submitted to The City for approval. Upon approval of the storyboards, the storyboard images will be used to create three animatics. The animatics will be reviewed for clarity of message, timing and story structure. Upon approval of the animatics by The City, the animation of the first spot will begin. The Lawrence Company and representatives of The City will determine the production sequence of the scripts. Also with the approval of the three animatics voice recordings for all three spots in English will be recorded. Static key frames of the project will be submitted for review to The City. Upon completion of the animation, the audio track will be sweetened with music and sound effects. With the sweetened soundtrack the completed "Recycled Binney" will be delivered on Beta SP to The City. After the English version of the audio track is approved, the Spanish version will be translated and recorded. When the English versions of the spots are approved the Spanish versions will be lip -synced and any graphics will be translated into Spanish. SERVICES Story Concept Script Storyboard Animatic Visual Design 3-D and 2-D Modeling 3-D and 2-13 Animation Post Production and Sound Track Sweetening Deliverables (Format 2 BetaSP and 2 DVDs) VOICE TALENT Voice talent for both English and Spanish versions will be contracted for the production of the spot. "Recycle Binney" PSA Agreement Page 4 of 8 111312005 Contract No. C24580 PSA Appendix II TIME OF COMPLETION August 11, 2005 Start Project August 11 — September 6 Concept Development for Three Spots September 7 — 8 Client Reviews and Approves Concepts for Three Spots September 12 — 20 Scripts Written, Presented and Client Approval September 21 — October 4 Storyboards Presented and Client Approval October 5 —14 Animatic Produced and Client Approval October 17 — 20 English Sound Track Recorded and Client Approval October 17 — 25 Additional Elements Modeled October 26 — November 23 Animation Production Spot #1- Thanksgiving Holiday November 28 — 30 Post Production Spot #1 December 1 — 2 Review of Spot #1 by Client, Animation Production on Spot #2 begins December 5 — 8 Revisions on Spot #1 (if necessary) December 12 Delivery of Final Spot #1 January 3 — 5 Post Production Spot #2 January 6 — 9 Review of Spot #2 by Client, Animation Production on Spot #3 begins January 10 — 12 Revisions on Spot #2 (if necessary) January 16 Delivery of Final Spot #2 February 6 — 8 Post Production of Spot #3 February 9 —13 Review of Spot #3 by Client, Spanish SPA Spots started February 14 —16 Revisions of Spot #3 (if necessary) February 20 Delivery of Final Spot #3 March 6 — 7 Delivery of Spanish Version Detailed schedule attached. "Recycle Binney" PSA Agreement Page 5 of 8 111312005 Contract No. C24580 Appendix III CONTRACT PRICE Three PSA Spots Creative: Concept, Script, Design, 3-D Modeling and Soundtrack Creative Development, Scripting, Storyboard, Animatic: $ 13,550.00 Sound Track (English) including voice talent, music, and production: $ 5.690.00 Total Design, 3-D Modeling and Sound Track: $ 19,240.0012 Three PSA Spots Production: Production 3-D Modeling (Elements in addition to "Recycle Binney"): $ 17,440.00 3-D and 2-D Animation Production: $ 72,850.00 Post Production (Editing) and Sound Track Sweetening: $ 11,500.00 Administrative, Messenger, Materials: $ 5,670.00 Total Production: $107,460.001 Three Spanish Spot Versions: Production Spanish Translation, Talent, Recording and Revised Lip -synced Animation: $ 18,000.00 1 Does not include overages, change fees for taxes, if any. 2 Voice talent licensing fees, if any, will be responsibility of The City. It is our intention to work with talent on a buyout arrangement. "Recycle Binney" PSA Agreement Page 6 of 8 111312005 Contract No. C24580 Appendix IV PROGRESS PAYMENTS PSA Spot: Billing for the PSA spot will follow the production schedule. The payment schedule is as follows: Creative Concept Total Complete Creative (October 14, 2005) Production Total Start Production Spot #1 (October 26, 2005) Start Production Spot #2 (December 1, 2005) Start Production Spot #3 (January 4, 2006) Spanish Versions: Start Production (February 13, 2006) Delivery of Spanish Language Spots (March 7, 2006) $ 19,240.00 $ 19, 240.00 $ 107,460.00 $ 35,820.00 $ 35,820.00 $ 35, 820.00 $ 9,000.00 "Recycle Binney" PSA Agreement Page 7 of 8 111312005 Contract No. C24580 Appendix V LICENSING TLC grants to Palm Desert a non -transferable, limited license to the "Recycle Binney" PSA(s) and images developed for the PSA in accordance with the terms of this Agreement. Any enhancements or changes to the "Recycle Binney' PSA images, either editorial or programmatic, constitute a new edition that will require a new license for the use of the Images. TLC grants Palm Desert the limited license to broadcast the "Recycle Binney" PSA in the Coachella Valley and an exclusive use for a three-year period. The Images may be used only as part of the Work and may not be distributed, published or communicated in any other form or medium, unless otherwise stated in Agreement. Except as expressly set forth herein, TLC reserves all rights in and to the Images, including without limitation the right to exploit the Images in any work in any future or unknown technology. Palm Desert has complete rights to the use of the 2-D Recycle Binney image. Palm Desert can alter, change and reproduce the 2-D image. These rights are for the 2-D image only. The rights, licensing and use of the 3-D Recycle Binney image, designed and created for the thirty second public service announcements, are subject to existing contract. `Recycle Binney" PSA Agreement Page 8 of 8 11/3/2005 1990 E. Grand Ave. Suite 340 El Segundo, California 90245 tel 310.416.9166 fax 310.416.9155 September 21, 2005 To: Sheila Gilligan Assistant City Manager Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: LETTER OF AGREEMENT — RECYCLE BINNEY, 3 Additional PSA spots, English and Spanish Versions Dear Bob: We look forward to working with you and Palm Desert in creating the next series of "Recycle Binney" PSA spots in both English and Spanish. This letter confirms (1) your engagement of THE LAWRENCE COMPANY and (2) the terms and conditions of the project elements, schedules and your fee agreement with THE LAWRENCE COMPANY. The following is our retention letter. Please review the letter and return a signed copy along with the retainer to The Lawrence Company. A proposal and budget have been prepared for this engagement and THE LAWRENCE COMPANY will perform work based on the parameters detailed in the proposal and budget. If Palm Desert requests services beyond the parameters of the proposal and budget, THE LAWRENCE COMPANY will ask Palm Desert to sign a change order reflecting the additional fees and costs associated with the change. General Terms Applicable To This Retention This agreement is made between THE LAWRENCE COMPANY and Palm Desert. Palm Desert agrees to perform its obligations under this agreement. The person signing this agreement on behalf of Palm Desert represents and warrants to THE LAWRENCE COMPANY that he/she has the authority to enter into the agreement on behalf of Palm Desert and to bind Palm Desert to perform its obligations under the agreement. In the unlikely event that sums payable under this agreement become the subject of controversy (except sums payable involving less than $5,000.00, which you agree to resolve in Small Claims Court in Los Angeles, California) both sides agree that such controversy will be settled by binding arbitration in Los Angeles, California, in accordance with the law of the State of Califomia. Judgment on the award rendered may be entered in any court having jurisdiction. The prevailing party shall be entitled to recover reasonable fees and costs. Additionally, in the event that any of the bills described herein are not timely paid, THE LAWRENCE COMPANY reserves its right to withdraw from this engagement regardless of the state of the matter and regardless of any event or proceeding, which may be pending. Both sides agree to waive any rights they may have to receive damages or indemnification on any theory of liability for special, indirect, consequential or exemplary damages. This contract will be interpreted following the laws of the State of California. www.lawrenceco.com [events] [interactive media] [animation] [digital design] "Recycled Binney" Neiv PS.4s Agreement September 21, 2005 Page 2 All fees and expenses will be billed to Palm Desert based on the schedule detailed in Appendix 1 and are due and payable upon receipt of the invoice. All bills will be rendered to Palm Desert and will be Palm Desert's sole responsibility. Credit will not be extended and a delinquency charge of one and one-half percent per month will be assessed on unpaid balances that are thirty (30) days overdue from the date of the invoice. The terms of this LETTER OF AGREEMENT are valid until 10/7/05. If PALM DESERT has not returned the signed engagement letter along with the deposit within that time, we will contact you to inquire if you intend to proceed with the engagement. If you decide not to proceed with the engagement, we will charge you for all reasonable work and expenses incurred up to the time of notification. Terms ADDlicable to Desion. Production and Presentation 1. CONTRACT SERVICE THE LAWRENCE COMPANY will design and produce three animated 30sec PSAs and based on the existing "Recycled Binney" 3-D character. The elements are more specifically identified in Appendix I that is attached to and made a part of this AGREEMENT. 2. TIME OF COMPLETION The PRODUCTION SCHEDULE for the various elements is described in Appendix II that is attached to and made a part of this AGREEMENT. Client approvals are vital to delivery the project on schedule. Every effort will be made to maintain the proposed schedule. If Palm Desert does not review and approve elements in a timely manner the delivery date may be compromised. THE LAWERENCE COMPANY is not responsible for schedule changes resulting from delays in client reviews and approvals. 3. THE CONTRACT PRICE Palm Desert will pay THE LAWRENCE COMPANY for the CONTRACT SERVICES as stated in Appendix III, subject to additions and deductions related to authorized changes to the scope of the CONTRACT SERVICE. 4. PROGRESS PAYMENTS Payments of the CONTRACT PRICE shall be made in installments upon completion of the requisite acceptance criteria set forth in Appendix IIII. 5. LICENSING The licensing of use of materials is set forth in Appendix IX. 6.OTHER PROVISIONS All changes to the scope of the CONTRACT SERVICE shall be in writing and signed by Palm Desert and THE LAWRENCE COMPANY, which writing then shall be incorporated in and become a part of this AGREEMENT. 7. The LAWRENCE COMPANY will not disclose to Palm Desert any information of third parties that THE LAWRENCE COMPANY does not have the right to disclose. 8. This AGREEMENT may be terminated by either party at any time, with or without cause, upon thirty - (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the www.lawrenceoo.com [events] [interactive media] [animation] [digital design) "Recycled Binney "New PSAs Agreement September 21, 2005 Page 3 Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 9. This AGREEMENT is the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing, signed by both parties. 10. THE LAWRENCE COMPANY is an independent contractor and is not an employee or agent of Palm Desert. THE LAWRENCE COMPANY shall be entitled to no benefits or compensation from Palm Desert except as set forth in this AGREEMENT and shall in no event be entitled to any fringe benefits payable to employees of Palm Desert. THE LAWRENCE COMPANY shall be solely responsible for the payment of all taxes due on the income received for performing the CONTRACT SERVICES. 11. The Lawrence Company agrees to indemnify Palm Desert, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of The Lawrence Company, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of The Lawrence Company hereunder, or arising from The Lawrence Company's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement. In the event Palm Desert, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against The Lawrence Company for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of The Lawrence Company hereunder, The Lawrence Company agrees to pay to Palm Desert, its officers, agents or employees, any and all costs and expenses incurred by Palm Desert, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date of the party last signing below. PALM DESERT THE LAWRENCE COMPANY By: By: Name Name: Daniel Mueller Title Date: Date: 9/21 /05 www.lawrenceco.00m [events] [interactive media] [animation] [digital design] "Recycled Binney" New PS9s Agreement September 21, 2005 Page 4 Appendix I CONTRACTED SERVICES Three Public Service Spots (PSA) Conceive, Write, Design and Produce three animated 30-second Public Service Spots focusing on desert recycling using the "Recycle Binney" character. Working with Palm Desert and its representatives, story concepts for the three spots will be developed and subm itted for approval. (The subjects of the three spots are: Household Waste, E-Waste and Office Waste.) Once the concepts for the three spots are approved, the three scripts will be written and submitted for approval. Upon the scripts being approved the storyboards will be developed. These storyboards will be submitted for approval to Palm Desert. Upon approval of the storyboards, the storyboard images will be used to create three animatics. The animatics will be reviewed for clarity of message, timing and story structure. Upon approval of the animatics by Palm Desert, the animation of the first spot will begin. The Lawrence Company and representatives of Palm Desert will determine the production sequence of the scripts. Also with the approval of the three animatics voice recordings for all three spots in English will be recorded. Static key frames of the project will be submitted for review to Palm Desert. Upon completion of the animation, the audio track will be sweetened with music and sound effects. With the sweetened soundtrack the completed "Recycled Binney" will be delivered on Beta SP to Palm Desert. After the English version of the audio track is approved, the Spanish version will be translated and recorded. When the English versions of the spots are approved the Spanish versions will be lip -synced and any graphics will be translated into Spanish. SERVICES Story Concept Script Storyboard Animatic Visual Design 3-D and 2-D Modeling 3-D and 2-D Animation Post Production and Sound Track Sweetening Deliverables (Format 2 BetaSP and 2 DVDs) VOICE TALENT Voice talent for both English and S panish versions will be contracted for the production of the spot. www.lawrenceco.com [events] [interactive media] [animation] [digital design] "Recycled Binney" A`ew PSAs Agreement September 21, 2005 Page 5 Appendix II PSA TIME OF COMPLETION August 11, 2005 Start Project August 11 — September 6 Concept Development for Three Spots September 7 - 8 Client Reviews and Approves Concepts for Three Spots September 12 - 20 Scripts Written, Presented and Client Approval September 21 - October 4 Storyboards Presented and Client Approval October 5 - 14 Animatic Produced and Client Approval October 17 - 20 English Sound Track Recorded and Client Approval October 17 - 25 Additional Elements Modeled October 26 — November 23 Animation Production Spot #1 Thanksgiving Holiday November 28 - 30 Post Production Spot #1 December 1 - 2 Review of Spot #1 by Client, Animation Production on Spot #2 beg ins December 5 - 8 Revisions on Spot #1 (If necessary) December 12 Delivery of Final Spot #1 January 3 - 5 Post Production Spot #2 January 6 - 9 Review of Spot #2 by Client, Animation Production on Spot #3 beg ins January 10 - 12 Revisions on Spot #2 (If necessary) January 16 Delivery of Final Spot #2 February 6 - 8 Post Production of Spot #3 February 9 - 13 Review of Spot #3 by Client, Spanish SPA Spots started February 14 - 16 Revisions of Spot #3 (If necessary) February 20 Delivery of Final Spot #3, March 6 - 7 Delivery of Spanish Versions Detailed scheduled attached. Appendix III CONTRACT PRICE www.lawrenceco.com [events] [interactive media] [animation] [digital desgn] "Recycled Binney" New PSAs Agreement September 21, 2005 Page 6 Three PSA Spots Creative: Concept, Script, Design, 3-D Modeling and Soundtrack Creative Development, Scripting, Storyboard, Animatic: $ 13,550.00 Sound Track (English) including voice talent, music, and production: $ 5,690.00 Total Design, 3-D Modeling and Sound Track: $ 19,240.00*,** Three PSA Spots Production: Production 3-D Modeling (Elements in addition to "Recycle Binney"): $ 17,440.00 3-D and 2-D animation Production: $ 72,850.00 Post Production (Editing) and Sound Track Sweetening: $ 11,500.00 Administrative, Messenger, Materials: $5,670.00 Total Production: $ 107,460.00* Three Spanish Spot Versions: Production Spanish translation, talent, recording and revised lip -synced animation: $ 18,000.00 `Does not include overages, change fees for taxes, if any **Voice talent licensing fees, if any, will be responsibility of Palm Desert. It is our intention to work with talent on a buyout arrangement. www.lawrenoeco.com [events] [interactive medial [animation] (digital design] "Recycled Binney" Nest, PSAs Agreement September 21, 2005 Page ? Appendix IIII PROGRESS PAYMENTS PSA Spot: Billing for the PSA spot will follow the production schedule. The payment schedule is as follows: Creative Concept Total $ 19,240.00 Complete Creative (October 14, 2005) Production Total Start of Production Spot #1 (October 26, 2005) Start of Production Spot #2 (December 1, 2005) Start of Production Spot #3 (January 4, 2005) Spanish Versions: Start of Production: (February 13, 2006) Delivery of Spanish Language Spots (March 7, 2006) www.lawrenceco.com [events] [interactive media] [animation] $ 19,240.00 $ 107,460.00 $ 35,820.00 $ 35,820.00 $ 35,820.00 $ 9,000.00 $ 9,000.00 [digital design] TLC grants to Palm Desert a non -transferable, limited license to the "Recycle Binney" PSA(s) and images developed for the PSA in accordance with the terms of this Agreement. Any enhancements or changes to the "Recycle Binney' PSA images, either editorial or programmatic, constitute a new edition that will require a new license for the use of the Images. TLC grants Palm Desert the limited license to broadcast the "Recycle Binney" PSA in the Coachella Valley and an exclusive use for a three-year period. The Images may be used only as part of the Work and may not be distributed, published or communicated in any other form or medium, unless otherwise stated in Agreement. Except as expressly set forth herein, TLC reserves all rights in and to the Images, including without limitation the right to exploit the Images in any work in any future or unknown technology. Palm Desert has complete rights to the use of the 2-D Recycle Binney image. Palm Desert can alter, change and reproduce the 2-D image. These rights are for the 2-D image only. The rights, licensing and use of the 3-D Recycle Binney image, designed and created for the thirty second public service announcements, are subject to existing contract. Production Schedule Sunday Monday — 31r 1 3 Spot Package August 2005 Tuesday 27 Wednesday Thursday "Recycle Binny 2" PSA Friday_ Saturday _ 57- 6 71 8. 9 111 12, 13 -I 15 f \ Concept Development 14 16 171 181 191 20 i — — Concept Development — — 2122. 23� 241 25! 26, 27 Concept Development r 28' 29 , 30' 311 11 2 ' 31 Concept Development — September 2005 _— Sunday -- _Monday -- Tuesday_ Wednesday Thursday_ - -- Friday Saturday _ 28 291-- 30 ---- 31 — 1 -- 2 3 Concept Development 4 51 6 7 8 91 10 Labor Day ]� Concept Development ( Client Reviews Concepts & ill 12 13. 141 15. 16 17 Scripts Written and Sent to Client 18 191 -- -- 20 21 22 23 24 -- Client Reviews Scripts (Script Changes) \ StoryBoards - produced and sent to Client 25 26 27 28 29 ' — - 30 — 1 StoryBoards produced and sent to Client 2005 The Lawrence Company Page 1 Mon, Sep 12, 2005 Production Schedule 3 Spot Package 'Recycle Binny 2" PSA October 2005 Sundaes— _Monde — — Tuesday Wednesday Thursday— — Frid-- Saturn _ 251 26 271 - 281 — -- _ 29. - . 30 -- 9 StoryBoards produced and sent to Client i 21 I ;i I 4 81 61 71 8 I I Client Reviews Storyboards Animatics Produced and Sent to Client 1U 11� 121 13 141 � f5 _ I Animatics Produced and Sent to Client Client I Reviews Animatic 161 191 2U 211 11 English Sound Track Recorded, Additional Elements Modeled Client Reviews Animatic I C Sound Tracks Sent to Client 24 — 25+ 26 2/1 28 29 Additional Elements Modeled i 1 --� - - - -- --31- ----1 \ Production Spot #1 30 2 31 4; 5 Production Spot #1 November 2005 — Sundaes — - -- Monday — _ -- - Tuesd� Wednesday_ Thum"a Thum"a - ------ Friday Saturday 3� 31 1 �- 2--� - -- - 4�-- - 5 t ' 1 Production Spot #1 1-- -- -- 6 7 =- ---- - 8 9 -- - - 10 11 � - -- 12 Record Spanish Translation 1 Production Spot #1 I 14;--- — 15 161 Production Spot #1 r- - - - 2 -- - - 211 - - 2-2-�-- --23 - -- - 241— - -- 25 26 i 1 Production Spot #1 �Thanksgiving 27 . 28� 29 - To - I J Production on Spot #2 Post Production Spot #1 Client Reviews Spot#1 , ' 2005 The Lawrence Company Page 2 — Mon, Sep 12, 2005 Production Schedule 3 Spot Package "Recycle Binny 2" PSA December 2005 Sunday— _Monday — Tuesd� Wednesdays Thursday __ — Frid� —_ — —Saturday— - -- -- 27T- 28� - - 29 --- 3QT - -.. 1 - 2 - - 3 Production on Spot #2 \ Post Production Spot #1 Client Reviews Spot#1 , - — --- -- 4 �- 5 , 61 7 -- --- 81 - 9 - - -- -10- Production on Spot #2 Revisions on Spot #1 if Necessary , — — 11 12' 13' 14' 1 1 Production on Spot #2 Delivery of Spot 1 I I - - -- 18 19 20 ---21 Production on Spot #2 - - 25 - - - 261 - - -- 27 '- --- —28 � - - - - 29 -- 30 - - - 31 I I i a Production on Spot #2 / Christmas 1 January 2006 Sunday — Monday_ — _ __Tuesday _ Wednesday Thursday — — Friday — Saturday - 1 - 2 3T 4 5. 6, 7 Production on Spot #3 I I ♦ � I New Year's Post Production Spot #2 \ Review of Spot #2 8 91 10' ill 12 13 14 Production on Spot #3 l I f Review of Spot #2 Revisions to Spot #2 15, 16 17 ' 18 191 -- - - - 20 - -- 21 Production on Spot #3 I` Deliver Spot #2 / L-22 23i 24- ---25, - - 26` - 27 - - - -28 I � ' Production on Spot #3 29 -- - - 30 31 1 2- ------ 3 -- - -- 4 4 Production on Spot #3 2005 The Lawrence Company Page 3 Mon, Sep 12, 2005 Production Schedule 3 Spot Package "Recycle Binny 2" PSA February 2006 Sunday Monday — Tuesday Wednesday_ ThursdaL Friday_ Saturday. ___ - - 29 : 30 -- 3-�-- - 1 �- --- 2; - 3 4 iProduction on Spot #3 ` l � Spanish Versions Animation Production Post Production Spot #3 Client Reviews Spot #3 12 13! 14 15 16 17 18 Spanish Versions Animation Production } Client Reviews Spot #3 , C Revisions to Spot #3 , j qgI--20--- 211 22' 23�---- -- 24-----25 l I i I Spanish Versions Animation Production } Spot #3 �' — - I 28� - 1� - -- 2T - - --- 3 -- 4 — Spanish Versions Animation Production March 2006 P Sunday__.__ Monday Tuesday Wednesday Thursday Friday Saturdd _ - 26 � - - 27 -- 28 1 i -- 2 - - 3: -- 4 Spanish Versions Animation Production / \ Deliver Spanish Spots -- 12 ---1 3-1-- — -26-} 20 14 15 - — - 16 -- 17 - - 98 i - 25 27 2005 The Lawrence Company Page 4 29 -- - 30 -- -- - - 31 -- -- -- 1-, Mon, Sep 12, 2005 Contract No. C 24580 N 0 • D)) CD O 3 13 IV f 113 fa) 13 0 0 3— 0 0 < K (D (D �nM d c�n 3000 -,V) v Ig a) = a) O c0 0 tin) m = �Q�������0ai.- ...... �c� .—Iaa = 0 -T1 0 m 0TFrii'vC� cv 3 m Li m o 3= o 0 03 yca ( *E v 000� a)0WncnNmcntvmcpg)'< CD 0 0"cnnn,., CD fa) Pr SOWOH oueaow 0 3 c 3 4 cn * * * G0 Fr 00000 • 0000 C) tv so 000)0 0 C) n -i w� W - • N N -, — .� co o - -06 C.r.) 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