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HomeMy WebLinkAboutC30500 Creation and Revision of New and Existing Recycle BinneyCITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: Approve and Execute Contract with the Lawrence Company for the Creation and Revision of New and Existing Recycle Binney Public Service Announcements (PSAs) and Authorize Advertisement of PSAs. SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: January 13, 2011 CONTENTS: Contract Recommendation By Minute Motion: 1. Approve Contract No. c30500 with the Lawrence Company in the amount of $193,260, plus a 10% contingency in the amount of $19,326, and authorize the Mayor to execute same for 1) the creation of three (3) new Public Service Announcements (PSAs) (i.e. for Used Oil Recycling, the Bulky Item Pick-up Program, and Universal Waste and Sharps Disposal); 2) the revision of the existing Household Hazardous Waste (HHW) PSA to reflect the new At -Home HHW Collection Program; and 3) record Spanish translation of each PSA; 2. Authorize LNS, La Quinta, to perform media placements of the PSAs (spots on Time Warner, KESQ, KMIR, KPSP, etc), in the amount of $110,000, plus 10% contingency in the amount of $11,000; and 3. Approve an appropriation in the amount of $333,586 from the Recycle Account No. 236-4195-454-3090 to cover the requested work. Discussion In 2005, City Council approved the creation and development of the City's recycling mascot, "Recycle Binney". Since his inception, Recycle Binney has been quite successful in not only promoting awareness of "Why" it is important to recycle, but also in advertising the City's various solid waste and recycling programs to both residents and businesses. To date, the City has created six (6) Recycle Binney PSAs (i.e. General Recycling, Commercial Recycling, Household Hazardous Waste (HHW) Disposal, E-Waste Recycling, HVAC Recycling, and Refrigerator Recycling). As a result of the revised Solid Waste Agreement between the City and Burrtec Waste & Recycling Services, some of the recycle/disposal programs have changed. Now that the agreement is in effect and programs are underway, staff is proposing: 1. The development of three (3) new PSAs, i.e. for Used Oil Recycling*, the Bulky Item Pick-up Program, and Universal Waste and Sharps Recycling/Disposal; 2. Major revisions to the previously created Household Hazardous Waste (HHW) Disposal PSA to incorporate information on the new At -Home HHW Collection Program; and 3. Spanish translation of each PSA. STAFF REPORT LAWRENCE COMPANY CONTRACT FOR RECYCLE BINNEY PSAs JANUARY 13, 2011 PAGE 2 "The City has received approval from CalRecycle to utilize $69,475 in Used Oil Opportunity Grant (9th Cycle) funds to pay for portion of the Used Oil Recycle PSA. In addition, at its meeting of February 11, 2010, City Council approved the City's Sustainability Plan which includes Materials Management of solid waste and recycling materials (reduce, reuse, and recycle) and sets the City's diversion goal at 75% (existing 72%). The Recycle Binney PSAs have been instrumental in promoting recycling and increased awareness among the City's residential and commercial sectors and will assist in achieving goals identified within the Plan. Recycle Binney and the PSAs are well known within the community and have been successful in educating our residents (both youth and adults) and businesses on the importance of recycling, as well as on the various programs available to both sectors. Once the PSAs have been developed, staff is proposing to work with LNS to perform the media placement with such station as Time Warner, KESQ, KMIR, KPSP, and other media as appropriate, for a total television media buy not to exceed $110,000.00, plus a 10% contingency. Fiscal Analysis There will be no impact to the General Fund as funds are available through the Recycle Fund, Account No. 236-4195-454-3090. Submitted By / CITY COUNCILAMON APPROVED `�� DEN", RECEIVED OTHER Frankie Rid Director of Special Programs MEETI G DAT _ % - AYES: 0CIP _ NOES: ABSENT: Paul S. Gibson, Director of Finance ABSTAIN: ,CY) VERIFIED BY: k-OkIlDahl Approval: M. Wohlmuth, City Manager Original on File with City ' erk's Office Contract No. C30500 December 22, 2010 137 Nevada Street El Segundo, California 90245 tel 310.416.9166 fax 310.416.9155 To: Frankie Riddle Director of Palm Desert's Special Programs Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: LETTER OF AGREEMENT — RECYCLE BINNEY, 3 New PSAs and Revision on current HHW Dear Frankie: We look forward to working with you and Palm Desert in creating the next series of "Recycle Binney" PSAs 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 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. www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 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 1/22/11. 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 Design Production and Presentation 1. CONTRACT SERVICE THE LAWRENCE COMPANY will design and produce three new animated 30sec PSAs and a revision on the current HHW 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 PRODU CTION SCH EDU LE for the various elem ents is described in Appendix I I 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 llll. 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.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 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 incu rred 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: _ Name Title Date: y_ Name: Daniel Mueller Date: 12/22/10 www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 Page 4 Appendix I CONTRACTED SERVICES "Universal Waste", "Used Oil", "Bulky Items" Spots (PSA) — New "HHW" - Revision Conceive, Write, Design and Produce three animated 30-second Public Service Spots (PSA). The theme of individual spots will be "Universal Waste", "Used Oil", and "Bulky Items". The current "HHW" spot will be revised/updated according to Palm Deserts' directive. All the spots will employ the "Recycle Binney" character. Working with Palm Desert and its representatives, story concept and script for each PSA will be developed and submitted to Palm Desert for approval. Upon script approved, storyboards will be developed. Storyboards will be submitted 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 spots will be delivered on Beta SP and DVD 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 (Per Spot, Format 2 BetaSP and 2 DVDs) VOICE TALENT Voice talent will be contracted for the production of the spot. www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 Page 5 Appendix II TIME OF COMPLETION TBD Upon approval of the agreement, The Lawrence Company will work with Palm Desert to determine a production schedule. This schedule will be based on Palm Deserts needs and the practically of animated production. www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 Page 6 Appendix III New Binney Spots Estimate Three New PSA Spot Creative: Concept, Script, Design, 3-D Modeling and Soundtrack Creative Development, Scripting, Storyboard, Animatic: $ 15,550.00 Sound Track (English) including voice talent, music, and production: $ 6 690.00 Total Design, 3-D Modeling and Sound Track: $ 22,240.00-,** Three New PSA Spot Production: Production 3-D Modeling (Elements in addition to "Recycle Binney"): $ 17,440.00 3-D and 2-D animation Production: $ 78,850.00 Post Production (Editing) and Sound Track Sweetening: $ 11,500.00 Administrative, Messenger, Materials: $ 5,670.00 Total Production: $ 113,460.00` Three Spanish Spot Versions: Production Spanish translation, talent, recording and revised lip -synced animation: $ 19,000,00 Total Estimate Three New Spots with English/Spanish Versions: $ 154,700.00 www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 Page 7 Revised Binney HHW Spot Estimate Revised HHW Spot Creative: Revise Concept, Script, Design, 3-D Modeling and Soundtrack Creative Development, Scripting, Storyboard, Animatic: $ 6,550.00 Sound Track (Engilsh) including voice talent, music, and production: $-3,69.00 Total Design, 3-D Modeling and Sound Track: $ 10,240.00",'- Revised HHW 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" Revised Spanish HHW Spot Version: Production Spanish translation, talent, recording and revised lip -synced animation: $ 4,00000** Total HHW Revision English/Spanish Spots: $ 38,560.00` '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. www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 Page 8 Appendix IIII PROGRESS PAYMENTS TBD www.lawrenceco.com [events] [interactive media] [animation] [digital design] [print] Contract No. C30500 "Recycled Binney" New PSAs Agreement December 22, 2010 Page 9 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. www,lawrenceco.com [events] [interactive media] [animation] [digital design] [print]