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HomeMy WebLinkAboutAgenda - 04-21-2009 - 4kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 21, 2009 Action Agenda Item No. ~- - k SUBJECT• Agreement Between Orange County and Figure 8 Films DEPARTMENT: Animal Services PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Agreement between Orange County and Bob Marotto, Director, 968-2287 Figure 8 Films Release Form from Figure 8 Films PURPOSE: To request approval of an agreement between Orange County and Figure 8 Films for the production of a program entitled "Pick of the Litter," that would involve puppies placed from Orange County Animal Services. BACKGROUND: Figure 8 Films has approached Orange County Animal Services about filming for a program called "Pick of the Litter". The filming would occur at the existing Animal Shelter and the new Animal Services Center between April 2009 and April 2010. The theme "Pick of the Litter" will be the varied experiences of adopting a .puppy from a shelter. The film will capture the adoption experience, the selection criteria and the home experiences of a litter of puppies adopted from the shelter. The program hopes to educate the public about the importance of adoption as well as the struggles and commitment when taking home a new puppy. The film will highlight how different the experience can be from one situation and environment to another. Figure 8 Films has a proven track record in film production and has had several well-received programs broadcast by major networks. It is a professional and well established company with an extensive portfolio that can be reviewed on its website at www.figure8films.ty/site. Figure 8 Films has produced programs for Animal Planet in the past and is aiming for this program to be broadcast by that network or a similar one. Initial discussions with Figure 8 Films have included its President, Bill Hayes, and several production associates, as well as the Animal Services Director and select staff. The discussions have included background information, the production process, the film's intent and focus and different opportunities that may be possible with the film's creation. There have been coordinated site visits without filming for company representations to become acquainted with the County's program, adoption process and staff. FINANCIAL IMPACT: There will not be any County expenditures related to this project and the County will not receive a fee from Figure 8 Films. The commitment of Animal Services staff time is expected to be nominal and, in return, Figure 8 Films has agreed to help plan and host an event with the completed film that will spotlight the new Animal Services Center and its importance to the community. RECOMMENDATION(S): The Manager recommends the Board approve the agreement between the County and Figure 8 Films and authorize the Chair to sign the agreement subject to final review by staff and the County Attorney. NORTH CAROLINA ORANGE COUNTY J AGREEMENT BETWEEN ORANGE COUNTY AND FIGURE 8 FILMS This AGREEMENT, made and entered into this day of , 2009, by and between Orange County, North Carolina, and Figure 8 Films; WITNESSETH; Owner hereby grants to DISCOVERY COMMUNICATIONS, INC. ("DCI") and Advanced Medical Productions, Inc.dba Figure 8 Films ("Producer") and their respective parents, subsidiaries and affiliates, licensees, successors and assigns, for good and valuable consideration, receipt of which is hereby acknowledged, permission to enter upon and use the properties and the contents thereof and the appurtenances thereto located at1081 Martin Luther King Jr. Blvd Chapel Hill, and 1600 Eubanks Road, Chapel Hill (the "Property")for the purpose of photographing and recording certain scenes in connection with a program tentatively titled Pick of the Litter (the "Program") during production thereof, and as necessary during any extension, reshooting or preparation of publicity or promotion therefore. All physical embodiments of filming, recording and photography on the Property shall hereinafter be known as the "Materials". DCI and/or Producer may place all necessary facilities and equipment on the Property and agree to remove same after completion of work and leave the property in as good of condition as when received. DCI and/or Producer will use reasonable care to prevent damage to said Property, and will indemnify the owner, and all other parties lawfully in possession, of said Property, and hold each of them harmless from any claims and demands of any person or persons arising out of or based upon personal injuries, death or property damage suffered by such person or persons resulting directly from any act of negligence on Producer and/or DCI's part in connection with Producer and/or DCI's use of the Property. The Producer will have a standard liability insurance policy of at least $1 million and will include Orange County Animal Services as an additional insured to cover their liability when on site. Owner grants to Producer and/or DCI all rights of every kind in and to the Materials including without limitation the right to exploit the Materials throughout the world, an unlimited. number of times, in perpetuity in any and all media, now known or hereafter invented, and in connection with the Program, DCI or otherwise and for advertising and promotional purposes in connection therewith and all rights, including copyright in the Materials shall be and remain vested in Producer and/or DCI, and neither the Owner, nor any tenant, nor other party now or hereafter having an interest in the Property, shall have any right of action against Producer and/or DCI or any other party arising out of any use of said Materials whether or not such use is, or may be claimed to be, defamatory, untrue or censorable in nature. If the film is produced for broadcast, the Producer agrees to work with Orange County Animal Services to plan and hold an event at the new Animal Services Center involving the film, Figure 8 staff, Animal Services staff and the community. The undersigned acknowledges that Producer and/or DCI is photographing and recording such scenes in express reliance upon the foregoing. The undersigned represents and warrants that the undersigned has all rights and authority to enter into this agreement and to grant.the rights granted hereunder. Producer and/or DCI are not obligated to actually use the Property or produce the Program or include the Materials in the Program for which it was shot or otherwise. Producer and/or DCI may at any time elect not to use the Property by giving the owner written notice of such election, in which case, neither party shall have any obligation hereunder. This is the entire agreement. No other authorization is necessary to enable Producer and/or DCI to use the Property for the purpose herein contemplated. AGREED AND ACCEPTED: Orange County, North Carolina By: Valerie P. Foushee Chair, Board of County Commissioners By: Bill Hayes, President, Figure 8 Films Date: Date: Figure 8 Films 307 West Weaver Street Carrboro, NC 27510 Standard Appearance Release For good and valuable consideration, receipt of which is hereby acknowledged, I authorize Advanced Medical Productions, Inc. dba Figure 8 Films ("Producer") and DISCOVERY COMMUNICATIONS, INC. ("DCI") and their respective parents, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance for the following program, under the working title: Pick of the Litter ("Program") and in connection with Producer and/or DCI or otherwise. I agree that you may tape and photograph me, and record my voice, conversations and sounds, including any performance of any musical composition(s), and including photographing, taping, or recording regarding my friends' or family's medical condition(s) or treatment(s), during and in connection with my appearance and that you shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, including on the Internet, all or any portion thereof or of a reproduction thereof in connection with the Program or otherwise. I further agree that you may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media, including the Internet, whether now known or hereafter discovered, and in the promotion, advertising, sale, publicizing and exploitation of the Program and ancillary products in connection with the Program, and in connection with Producer and/or DCI or DCI's affiliated services, throughout the world in any and all media, including the Internet, whether now known or hereafter discovered, an unlimited number of times in perpetuity. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. I hereby acknowledge that I am solely responsible for any statements made by me during my appearance in the Program, which statements shall consist solely of my opinions and do not necessarily represent those of Producer or DCI, who are not responsible for the content of such statements. I hereby acknowledge that neither Producer nor DCI makes any representations or warranties of any kind with respect to any medical or other advice or information that I may receive in connection with my appearance in the Program, and that I have not relied on any such representations or warranties in agreeing to participate in the Program or execute this Appearance Release. (Please Print) Name: Signature Address: Date City/State/Zip: Phone: I am a parent (or guardian) of the minor who has signed this release and consent and I hereby agree that I and the said minor will be bound by all the provisions contained herein. Name: 307 W. Weaver Street Carrboro, NC 27510 Voice (919) 933-3553 Fax (919) 933-3613 www. figure8films.ty