HomeMy WebLinkAboutC26660 Refrigerator RecyclingxQ
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: Ratify the City Manager's Approval of the Lawrence Company
Agreement in the Amount of $44,800.
SUBMITTED BY: Frankie Riddle, Director of Special Programs
DATE: September 13, 2007
CONTENTS: Agreement — Contract No. C26660
Recommendation:
By Minute Motion, ratify City Manager's approval of The Lawrence Company Agreement
(Contract No. C26660) in the amount of $44,800 from Account No. 236-4195-454-3090.
Discussion:
In an effort to move the Energy Department's efforts forward and promote the new energy
programs the City contracted with The Lawrence Company to create two Public Service
Announcements (PSA) the Recycle Binney "Set to Save" and "Recycling Refrigerator" and
"Recycle HVAC." Since the proposed PSAs promote recycling, funds will be paid from the
Recycling Account No. 236-4195-454-3090 in the amount of $44,800. (Note: Contract No.
C26810 for the HVAC PSA was approved at the August 9, 2007, City Council meeting.)
Ordinance No. 986 grants the City Manager authorization to approve design and rre 3tive.
services pertaining to City advertising/public relations programs up to $40,000. Sir ce t�e
contract amount exceeds the $40,000 limit, staff is requesting City Council ratifica io .
Staff recommends City Council ratify the City Manager's approval of the Lavvre-ica Compamy
Agreement in the amount of $44,800.
Submitted By:
Frankie Ri. • le
Director of Special Programs
Sheila R. Gilligan
Approval:
Carlos L. Orte
City Manager
Paul S. Gibson
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1990 E. Grand Ave.Suiie 340 EI Segundo,Cal'rfornia 90245 tel 310.416.9166 fax 310.416.9155
June 6, 2007
To: Sheila Gilligan
Assistant City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re:LETTER OF AGREEMENT—RECYCLE BINNEY, "Set To Save",
Dear Sheila:
We look forward to working with you and Palm Desert in creating the next "Recycle Binney" PSA. 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 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 California.
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. -
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"Kecycled 6inney"Refrigerator Kecycle PSA AKreement June 6, 2007 Page 2
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 6/20/07. 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 Applicable to Desiqn, Production and Presentation
1. CONTRACT SERVICE
THE LAWRENCE COMPANY will design and produce an animated 30sec PSA 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
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
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"Recycled Binney"Refi•ige�•ator Recycle PSA Agreement June 6, 2007 Page 3
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 a of the date of the party last
signing below.
�
PALM DESERT THELA MP Y
By: � By:
Name Carlos . ortega Name: Daniel eller
Title City Manager
Date: 06/14/07 Date: b
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"Recycled Binney"Refrrgerutor Rec•ycle PS�I Agreemen[ June 6, 2007 Page 4
Appendix I
CONTRACTED SERVICES
"Set To Save" Public Service Spot (PSA)
Conceive, Write, Design and Produce an animated 30-second Public Service Spot focusing on the
importance and specifics of refrigerator recycling using the "Recycle Binney" character. Working with
Palm Desert and its representatives, story concept and script for the PSA will be developed and
submitted for approval. Upon the scripts being approved the storyboards will be developed. The
storyboard will be submitted for approval to Palm Desert. Upon approval of the storyboard, the
storyboard images will be used to create an animatic. The animatic will be reviewed for clarity of
message, timing and story structure.
Upon approval of the animatic by Palm Desert, the animation of the spot will begin.With the approval of
the animatic voice talent 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/or
sound effects. With the sweetened soundtrack the completed "Recycled Binney— Refrigerator
Recycling"will be delivered on Beta SP to Palm Desert.
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 will be contracted for the production of the spot.
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"Recycled Binney"Refi�igerator Recycle PSA Agreement June 6, 2007 Page 5
Appendix II
TIME OF COMPLETION
PSA
June 1, 2007 Start Project
June 1 - 7 Concept/Script Development
June 7 - 8 Scripts Written, Presented and Client Approval
June 13 - 15 Storyboards Presented and Client Approval
Design of 3-D Model Elements started based on Storyboard
June 22 - 26 Animatic Produced and Client Approval
June 27 —August1 Animation Production
July 9 -13 Voice Recorded
August 2 Post Production on Spot
August 8 - 10 Review of Spot by Client
August 13 - 14 Revisions on Spot (If necessary)
August 15 Delivery of Final Spot
Detailed scheduled attached.
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"Recycled Binney"Refi•igerata�IZec•ycle PSA Agreement Jt�ne 6, 2007 Pa�e 6
Appendix III
CONTRACT PRICE
PSA Spot Creative:
Concept, Script, Design, 3-D Modeling and Soundtrack
Creative Development, Scripting, Storyboard, Animatic: $ 6,550.00
Sound Track (English) including voice talent, music,
and production: $ 3,690.00
Total Design, 3-D Modeling and Sound Track: $'"?E3;P�kU:UO'`,'"''
PSA Spot Production:
Production
3-D Modeling (Elements in addition to "Recycle Binney"): $ 5,240.00
3-D and 2-D animation Production: $ 22,150.00
Post Production (Editing) and Sound Track Sweetening: $ 3,500.00
Administrative, Messenger, Materials: $ 3,670.00
Total Production: $ 34,560.00'
*Does not include overages, change fees for taxes, if any
*"Voice talent licensing is for the use within the Palm Desert area and the Cochilla Valley. For this geographical area talent
fees are on a buyout arrangement for three years.
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"Recycled Binney"ReJ-igerator Recycle PSA AKreement June 6, 2007 Page 7
Appendix Ilil
PROGRESS PAYMENTS
PSA Spot:
Billing for the PSA spot will follow the production schedule. The payment schedule is as follows:
Creative Concept Total $ 10.240.00
Complete Creative (June 8, 2007) $��P4E�.8U'
Production Total $ 34,560.00
Start of Production Spot(June, 2007) $"f'1'',2'SA:fl9' '
Delivery of Spot#2 (August 15, 2007) $ 17,280.00
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'Recycled 6inney"Refrigeruta•Kecycle PSA Agreenaent Jzuae 6, 2007 Page 8
Appendix IV
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 Cochilla Valley and an
exclusive use of the PSA 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 the 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.
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State of �a. �{�l✓�iV!�2, }SS
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On �Ju�' (� , 20 U�, before me, ��� �� � �S�e (���� , a Notary Public,
personally appeared ^���1 i �( f�U�(l-�r , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the persor,y�) whose
name(� is re subscribed to the w' 'n instrument and acknowledged to me that
he/she/they executed the same in is/ r/their authorized capacity(�, and that by
his/her/their signature(�on the instrument the person(�,_.or the entity upon behalf of which
the persor�acted, executed the instrument.
WITNESS my hand and official seal.
ROBlN J. FOSSELMAN
. Commlulon# 1685781
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Signature �o�'°"�es c°""�y
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