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HomeMy WebLinkAbout2001 S Purchasing - Contract for Orange County Video ProductionSTATE OF NORTH CAROLINA VIDEOTAPE PRODUCTION SERVICES CONTRACT THIS AGREEMENT is made between Horizon Video Productions, Inc. (hereinafter referred to as "HVP "), and the County of Orange (hereinafter referred to as "Client "), whose principal office is located at 208 South Cameron Street Hillsborough, North Carolina, 27278 on this the of March 2001, for the purpose of producing a videotape under the following specifications, terms, and conditions. Description HVP will produce a 12 -14 minute video that will highlight Orange County departments and services and an additional five minute "challenges" module that would introduce challenges the County faces as outlined in the May 23, 2000 Proposal and the additional October 16, 2000 "Challenges" module Proposal. 2. Payment Schedule The first one -third (1/3) of the total project amount (see attached estimate) will be due to HVP upon signing of this contract by the Client. The second one -third (1/3) will be due upon approval of the script or the completion of principal photography (whichever occurs first). The final one -third (1/3) will be due upon completion and acceptance of the project by the Client. Orange County will pay all approved invoices within 30 days of receipt of the invoice not to exceed a total amount of $31,000 under this agreement. 3. Services HVP shall provide all services, materials, technical personnel and equipment necessary for the professional completion of this videotape, as are normally provided by a video production company, and as are called for in the approved script, except as to services, materials, technical personnel, and equipment furnished by the Client. The production schedule and budget for this project will be agreed to and signed by both parties and attached to this contract. HVP will provide the client with four VHS copies of the final show, two with the challenges module and two without the challenges module. Orange County will provide a designee to assist with coordination of on- location shooting. 4. Client Changes and Additional Work and Costs A. All recording necessary for completion of this videotape is included in the Contract price. Additional changes not previously agreed to under the original schedule will be charged to the Client. HVP will notify theClient that there will be an additional charge when this occurs. Any expenses resulting from written changes initiated by the Client which alter the schedule and specifications previously agreed to by both parties shall be paid by the Client. B. HVP shall make such reasonable changes as the Client may request, and mutually agreed to by HVP and the Client, without charge. If, in order to comply with additional Client changes, HVP must depart from the previous work and specifications and incur additional expense as result, the Client shall reimburse HVP. However, HVP shall make changes at their own expense if the changes are the result of their own unsatisfactory work or their material departure from the specifications. C. If the Client fails to provide facilities, personnel, properties, or other requirements at the time and place agreed between the parties, thereby increasing cost to HVP, the Client shall reimburse HVP. D. The Client agrees that once he /she has accepted one phase of work and authorized HVP to proceed to the next, he /she may not revise or order revision of earlier approved work unless HVP agrees to do so, in which case the Client shall reimburse HVP the costs of such revisions. E. All material departures from specifications are subject to a signature clause, whereby the Client and HVP shall sign an additional agreement altering the program during the production as previously agreed to in this proposal. 5. The Product HVP shall produce and furnish the Client with a finished, edited product. All raw footage will remain in the possession of HVP. The Client may have complete access to this raw footage and may obtain copies at no cost other than HVP's dubbing and tape costs. Raw Footage will be stored at HVP and will be accessible to the Client for future revisions. Should the Client wish to use portions of the edited, completed master for other projects, prior written permission must be obtained from HVP. HVP or Client may secure, at their expense, copyright protection for this videotape in the name of Client as a means of protecting both parties against outside infringement. 2 6. Warranty HVP warrants that its creative work shall be original and subject to legal protection as such and that this videotape shall not violate or infringe on any copyright patent right. If violation occurs, HVP will at its own expense produce a new video for the Client. 7. Indemnity and Insurance HVP shall indemnify the Client against all actions, claims or demands arising from dramatic, literary, artistic or musical rights obtained by HVP for this videotape. The Client shall indemnify HVP against all actions, claims or demands arising from the use of any materials provided by the Client to HVP, including pictures, artwork, and graphics. 8. HVP warrants and agrees that in all transactions relating to this videotape that it is an independent contractor and that all contracts and arrangements, including those of employment, shall be made by HVP as principal and not as an agent for the Client. 9. Delay and Termination A. Delay by HVP in production of this videotape due to war, fire, embargoes, strikes, laws, lockouts, government orders, industrial actions, illness, accidents, laboratory failures, public disaster, acts of God, or other causes beyond its control shall not give rise to any claim against HVP. B. In the event of unreasonable delay due to the above causes, the Client shall be entitled to terminate this Agreement subject to payment of all costs incurred and commitments made by HVP to the date of termination, inclusive of overhead. Where such total amount is exceeded by amounts already paid by the Client hereunder, the difference shall be immediately reimbursed by HVP to the Client. C. If at any time the Client wishes to abandon production of this videotape for any reason whatsoever, the Client may do so by giving written notice to HVP and paying HVP only the amount due as a result of costs of production incurred or committed by HVP prior to date of termination. Immediately upon receipt of the termination notice HVP shall acknowledge and agree to termination, end all work, commitments and expense in the best financial interests of the Client, and submit to the Client within 30 days of receipt of termination notice a detailed and final claim. Upon termination, rights to raw footage videotaped for the purposes of the production revert to the Client. D. Orange County may approve in advance any overtime paid at a rate of time and one -half. 10. Entire Agreement This instrument sets forth the entire agreement between the parties. All prior negotiations and understandings are merged herein, and no change or addition shall be of any effect unless in writing and signed by both parties. El This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. BV: C Donna Mitchell President Horizon Video Productions f I Pic, Date I 5 (Finance Officer) Steve Halkiotis, Chair Orange County Board of Commissioners sus /� Date Seal Attested to: I � STATE OF N RTH CAROLINA COUNTY OF DVOIAM I,K# A Lya& �'lArMiN.&A9 a Notary Public of the aforesaid State and County, do hereby certify that AW4 A AM J4944- personally came before me this day and acknowledgecJ that %&/she is the ♦orN7' of 406 �� IiADFO % OLCTiO0,iA�,, and that by authority duly given and as an act of the aforesaid County or Department, the foregoing contract and agreement was signed in its name by the above named officer as directed by the overn. BA rd, sealed with the Count or Department seal, and attested to by I!'67K0 ff/,� as its t0fi" M44 0- c. WITNESS my hand and notarial seal, this A_ day of -..Amy , 2002. �- My Commission expires: & �JAMJ4RY ;266, Seal 31 Horizon Video Productions �',�►�, Company Name -' ►,,,�,,,,,� By:� Donna M. Mitchell, President Attested to: 1;2 Z// (Name &Ad Title) STATE OF NORTH CAROLINA COUNTY OF V-0 n q e, IJ I, N aK'%C Pd c Q- a Notary Public of the aforesaid State and County, do hereby certify that (�&feahen 4- WA1kio+i6 personally came before me this day and acknowledged that he /she is the C V-\ of 4 e OranSe C�,tr hoard QF �aMm�ss��,e� and that by authority duly given and as an act of the aforesaid County or Department, the foregoing contract and agreement was signed in its name by the above named officer as directed by the governing Board, sealed with the County or Department seal, and attested to by A. 611 as its C1 e+ k WITNESS my hand and notarial seal, this day of a , N tary is My Commission expire sXGust 7 Production Estimate Presented to Orange County For Orange County Government Video Production Step Informational Challenges Total Video Module Pre - Production and Scripting - Includes research into $1,000.00 $450.00 $1,450 existing footage, selection of interviewees and scripting On- Location Shooting — For information modules, $7,000.00 $3,400.00 $10,400 includes crew of two with basic camera package for four days, Producer /Director for 2 days, lipstick cam for one day. For challenges module, includes crew of two with basic camera package for two days and Producer /Director for one day. Off -Line Edit — For information modules, includes $5,420.00 $1,720.00 $7,140 cataloging footage, narration talent* and recording time, 40 hours of off -line editing and producer/ director. For challenges module, includes 3 hours loading of additional footage and 16 hours off line editing. Library Music $565.00 $150.00 $715 Title, Key and Graphics $900.00 $180.00 $1,080 On -Line Edit - For information modules, includes $3,725.00 $1,700.00 $5,425 graphic loading /composing, 16 hours of Digital editing and audio mixing and audio layback. For challenges module, includes 7 hours of digital editing and audio mixing and layback. Tape Costs - Includes raw & work tapes, Digital Master and $1,220.50 $550.50 $1,771 Protection Master and 3 VHS copies of the final show Total $19,830.50 $8,150.50 $27,981 Digitize the video for website $450.00 $150.00 $600 Digitize video to CD with simple navigation $1,750.00 $150.00 $1,900 Grand Total $22030.50 $8,450.50 $30,481 *Narration talent costs are estimated for the purposes of this quote and could vary depending upon the voice talent selected. TERMS AND CONDITIONS This estimate does not include per diem or sales tax. The shooting day rates are based on a ten (10) hour day. Any hours worked over ten (10) will be charged at a rate of time and one -half. Horizon Video Productions, Inc. reserves the right to a ten (10) percent contingency fee on all estimates. This estimate is valid for sixty (60) days from the date appearing on the estimate.