Sugar Land 4B Corporation

Agenda Request

Agenda Of:

October  17, 2 007

Agenda Request No:

V A

Initiated By:

Joe Esch

Responsible Department:

Business & Intergovernmental Relations

Presented By:

Joe Esch

Department Head:

Joe Esch

 

 

Additional Department. Head (s):

Bryan Guinn  for Jennifer Brown

Asst. Fiscal Svcs Director

Subject / Proceeding:

Consideration and Action on Authorizing execution of a Contract with Image Resources for a total of $38,781.00

Exhibits:

n/a

Clearances

Approval

Legal:

Eugenia Cano, Asst City Attorney

Executive Director:

Joe Esch 

Budget

Expenditure Required:  $

38,781.00

Amount Budgeted/Reallocation:  $

 

Additional Appropriation:  $

$60,000.00

Recommended Action

Recommend approval of the Image Resources Contract $38,781.00

Executive Summary

One of the strategic projects for economic development department this past year and one included in the program's budget has been the development of a digital community information piece which can be used to aid in corporate relocations for employees, as an adjunct to our other economic development marketing pieces as well as a part of our general relocation packages.

 

In addressing the corporate relocation and economic development marketing pieces, staff identified the opportunity to utilize memory sticks as the vehicle for distribution of the information.  

 

Provided for the board's consideration and action is a contract with Image Resources to work with the economic development department to develop the community piece and the memory stick component.  The total amount of  this contract is $38,781.  This is $21,219 less than the original project budget of $60,000.  The savings is due in large part to two factors:  One, the ability to build upon other work already done in the economic development marketing program, And two, the decrease in cost for memory sticks since the project was originally estimated.

 

 

Exhibits

 

                                                                             

 

III.  Standard Contractual Provisions.

 

A.  Definitions.   

 

Contract means this Standard Services Contract.   

 

Services means the services for which the SL4B solicited bids or received proposals as described in this Contract.

 

B.  Services and Payment.  Contractor will furnish Services to the SL4B in accordance with the terms and conditions specified in this Contract.  Contractor will bill the SL4B for the Services provided at intervals of at least 30 days, except for the final billing. The SL4B shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the SL4B to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.

      

            C.  Termination Provisions. 

 

            (1) SL4B Termination for Convenience.   Under this paragraph, the SL4B may terminate this Contract during its term at any time for the SL4B’s own convenience where the Contractor is not in default by giving written notice to Contractor.  If the SL4B terminates this Contract under this paragraph, the SL4B will pay the Contractor for all services rendered in accordance with this Contract to the date of termination.  

 

            (2) Termination for Default.  Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms.  The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default.  If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination.  Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party.      

 

(3) Multi-Year Contracts and Funding.  If this Contract extends beyond the SL4B’s fiscal year in which it becomes effective or provides for the SL4B to make any payment during any of the SL4B’s fiscal years following the SL4B’s fiscal year in which this Contract becomes effective and the SL4B fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the SL4B’s sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the SL4B’s successive fiscal year of the Contract for which the SL4B has not appropriated funds or otherwise provided for funds to make a required payment under the Contract.

 

D.  Liability and Indemnity.  Any provision of any attached contract document that limits the Contractor’s liability to the SL4B or releases the Contractor from liability to the SL4B for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract.  Except where an Additional Contract Document provided by the SL4B provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law.

 

E.  Assignment.  The Contractor shall not assign this Contract without the prior written consent of the SL4B.

 

F.      Law Governing and Venue.  This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Fort Bend County, Texas. 

 

G.  Entire Contract.  This Contract represents the entire Contract between the SL4B and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral.  This Contract may be amended only by written instrument signed by both parties.

 

            H. Independent Contractor.  Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the SL4B.  The SL4B has no right to supervise, direct, or control the Contractor or Contractor’s officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract.  The SL4B and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor’s officers and employees.

 

I.  Dispute Resolution Procedures.  The Contractor and SL4B desire an expeditious means to resolve any disputes that may arise between them regarding this Contract.  If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees.  

 

J.       Attorney’s Fees.  Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit.   

 

            K.  Severability.  If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties.   

 

            IV.  Special Terms or Conditions. None.

 

            V.  Additional Contract Documents.  The following specified documents attached to this Contract are part of this Contract, except as follows:  any provision contained in any of the Contractor’s Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor’s Additional Contract Documents, does not apply to this Contract. 

 

            A.  Contractor’s Additional Contract Documents:

 

                  1.  Image Resources Group Scope of Work  (2 pages)

 

            B.  SL4B’s Additional Contract Documents: None

 

PROJECT OVERVIEW

 

 

The project would create a customized memory stick that would be given to potential candidates for relocation to the Sugar Land area.  The preloaded materials would showcase the community and its amenities. 

 

PROJECT BUDGETS &

ELEMENTS

 

 

Pre Production/Programming                                                                          Estimate

 

Technical/Set-up                                                    $ 165 / hr       10 hrs           $ 1,650

                                                                                                                                   $ 1,650

 

Production

 

2GB Metal Memory Stick w/ logo                       $ 27 / unit      500 units    $13,500

                                                                                                                                  $13,500

 

Packaging

 

Gift box                                                                     $ 3 / unit        500 units     $ 1,500           

                                                                                                                                   $ 1,500

 

 

                                                                                    Total Estimate                  $ 16,650

 

 

 

                                          

 

 

PROJECT OVERVIEW

 

 

The project would create an overview of Sugar Land for potential companies or individuals that are considering relocation.  The final product would be capable of being delivered on a customized memory stick.  The visuals for the project would be based on existing footage, original graphics, and third party animations in addition to one day of high definition video acquisition. 

 

 

PROJECT BUDGETS &

ELEMENTS

 

 

Pre Production/Creative Development                                                          Estimate

 

Producer                                                                  $ 93.50 / hr    20 hrs           $ 1,870

Technical/Shooting Script                                   $ 165 / hr       10 hrs           $ 1,650

                                                                                                                                   $ 3,520

 

Production

 

HD Camera Package                                             $ 2,200 / day 1 day             $ 2,200

Cinematographer and crew                                $ 2,775 / day 1 day             $ 2,775

                                                                                                                                   $ 4,975

 

Audio Production

 

Audio Mixing, Editing                                                                                              $ 800           

                                                                                                                                      $ 800

 

Post Production

 

Graphics                                                                   $ 165 / hr       16 hrs           $ 2,640

Encoding/Programming                                       $ 200 / hr       16 hrs           $ 3,200

Editing                                                                       $ 275 / hr       20 hrs           $ 5,500

Producer                                                                  $ 93.50 / hr    16 hrs           $ 1,496

                                                                                                                                 $ 12,836

 

 

                                                                                    Total Estimate                  $ 22,131