Contract - Monitor - 2001-02-13 b J
• AGREEMENT FOR
COS A MESA A ITARY DISTRICT EDUCATIONAL VIDEO PROD! CTION
THIS AGREEMENT is made and entered into this day of February 2001 by and between
the COSTA MESA SANITARY DISTRICT a California Sanitary District, hereinafter referred to as
DISTRICT' and Monitor Video Production Service hereinafter referred to as 'CONTRACTOR'
WITNF,SSETH
WHEREAS, CONTRACTOR is a licensed video production company and is knowledgeable
and competent to perform the services described in this AGREEMENT and
WHEREAS. DISTRICT desires to utilize the services of CONTRACTOR to
produce an educational video favorably portraying the DISTRICT's services;
NOW THEREFORE, the parties agree as follows:
• 1 ,Scope of the Work
CONTRACTOR shall perform all the services described as follows:
a Produce an informational video favorably portraying the DISTRICT performing its numerous
and varied services. The educational video is intended to inform audiences of the process of
status and progress being made in reducing landfill waste materials and maintaining and
modernizing the system for sewage transportation.
b. Subject video is expected to be comprehensive in covering trash and sewer service functions,
run for approximately 12 to 20 minutes, and target a variety of audiences including schools,
legislatures, other Districts, and the residents the DISTRICT serves.
c. Write a supporting script and document scenes required to accomplish the educational
purpose. subject to DISTRICT approval and recommendations.
d. Finished video will include credits and acknowledgements as directed by the DISTRICT and
include as a minimum the DISTRICT the Orange County Sanitation District, YNR Marketing,
Costa Mesa Disposal CR&R, CR Transfer, and Media One. Masters and /or copies will only
be released to the DISTRICT
e. DISTRICT shall make available technical advisors and others who may contribute important
information pertaining to the video, including facts, history special projects and access to areas
required in filming. DISTRICT designates the Assistant Manager for CMSD as the one liaison
representative to interface with CONTRACTOR.
2. ,Services Pmvidetl
• CONTRACTOR shall provide all labor, supervision, and equipment required to perform said
services and produce a final video as approved by the DISTRICT Board of Directors.
CONTRACTOR shall provide the editing facility editor and Director to supervise the work. There is •
0 seconds of animation included in the design of this production. Main Titles and credit titles are
included in this production. CONTRACTOR shall include all appropriate special effects for this
program, including fades, dissolves, wipes, montages and digital effects. The use of `on-screen word
graphics' shall be used as needed to enhance the production s effectiveness.
3 Supplies and Equipment
CONTRACTOR agrees to furnish the necessary equipment associated with CONTRACTORs
services and assumes the risk of damage to any and all equipment furnished for use under this
AGREEMENT including, but not limited to, computer equipment or vehicles. Specifically
CONTRACTOR will provide all necessary audio and video equipment, recording media, recording
studio and personnel to create the video and soundtrack.
4 Compensation
CONTRACTOR shall be paid $9,245 00 unless the scope is changed and agreed to in writing
by both parties. The cost is exclusive of the cost of multiple copies of the video. Contractor shall
invoice the DISTRICT monthly with a cutoff dale of the 2561 of each month. Contractor shall be paid
after services are provided and approval of payments are made monthly on the DISTRICT's register of
warrants.
5 Business License
CONTRACTOR shall, within five (5) days of executing this AGREEMENT obtain a current
CITY OF COSTA MESA business license during the term of this AGREEMENT or any extension
thereto.
6. Independent Contractor
The parties agree that CONTRACTOR is an independent contractor who is being paid to
produce a result. CONTRACTOR is in no way an employee of DISTRICT CONTRACTOR controls
the means of accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for
employees of CONTRACTOR and said employees shall in no way be deemed or construed to be
employees of DISTRICT for any purpose.
7 Tenn
All services shall be completed by March 30, 2001 unless agreed to in writing by both parties.
8. Assignment
No assignment of this AGREEMENT may be made without the express written consent of
DISTRICT •
• 9 Termination
Either party shall have the right to terminate this AGREEMENT at a date earlier than specified
in paragraph 7 without cause,by giving E)days written notice.
10. Notice
The parties may give notice under this AGREEMENT by sending such notice certified mail
addressed as follows:
TO DISTRICT COSTA MESA SANITARY DISTRICT
77 Fair Drive, P.O Box 1200
Costa Mesa CA 92628
ATTN Thomas Fauth, Assistant Manager, CMSD
TO CONTRACTOR. MONITOR VIDEO PRODUCTIONS SERVICE
• 223 w Dyer Road
Santa Ana, CA 92707
ATTN Gordan Cantonwine
Such notice shall be deemed received five (5)days after mailing whether signed for or not.
11 Integration
This AGREEMENT constitutes the entire AGREEMENT and understanding between the
parties hereto, and it shall not be considered modified, altered, changed or amended in any respect
unless in writing and signed by the parties hereto.
12. No Waiver
The failure of the DISTRICT at the time to require performance by the CONTRACTOR of
any provisions hereof shall in no way affect the right of the DISTRICT thereafter to enforce same.
Nor shall waiver by the DISTRICT of any breach of any provisions hereof be taken or held to be a
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waiver of any succeeding breach of such provision or as a waiver of any provision itself.
13. Indemnity •
CONTRACTOR agrees to indemnify defend and hold harmless the DISTRICT its officers.
agents, employees and volunteers from any claims or liability arising out of the performance of this
AGREEMENT save and except that caused by DISTRICT's sole active negligence.
14 Insnranre, Contractor shall be required to have and maintain insurance as described in
Exhibit A.
15 Attorney's Fees
The parties agree that should any dispute arise concerning the interpretation of this
AGREEMENT or regarding the performance or non-performance of this AGREEMENT that the
prevailing party shall be entitled to reasonable attorney's fees.
WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first
above written.
COSTA MESA SANITARY DISTRICT •
By G,A ,2 • , 9 r Q 1..
President
By
Secretary
CONTRACTOR
Ldivf
Title: 2a CZ:
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