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Video Production Agreement Susan Hawksworth Smoky Hill Museum PO Box 101 Salina, KS 67402-0101 December 9, 2005 Item 1) video 2) length 3) services .. ~ Kansas' Premier Producer of ~.. Promotional & Educational .- Videos Since 1979 First Generation Video 620-662-9262 210 East 30th Avenue 800-282-8435 Hutchinson, KS 67502 620-662-7799 Fax www.fgvideo.com experts@fgvideo.com Video Proposal & Price Quotation Description of video: Smoky Hill Museum Cost/Qty. First Generation PrQPOSes to produce 3 videos Produce 3 videos for Smoky Hill museum as follows: Video One' Documentary on the history of Salina as described in the RFQ Video Two: Documentary on the history of flour milling as described in the RFQ Video Three: Short version of Video two as described in the RFQ 3 video titles Roonmg~n~hof~ewdeos Video One not to exceed 5 minutes Video Two not to exceed 15 minutes Video Three not to exceed 3 minutes 5:00 15:00 3:00 Full turnkey prQiect which includes ~e following services - Creative collaboration, concept development & script design - Project management & coordination - Location shooting, lighting & sound - Producer, director & production crew - Videotape, materials & expendables - Studio editing & post-production - Graphics, titles & text - BMI/ASCAP licensed music score - Professional voice-over narrator - Open captioning on all 3 videos - 5 DVD copies of Video One - 50 DVD copies of Video Two - 5 DVD copies of Video Three 1 I .- " Item Description Cost/Qty. 4) additional Additional services required There are no additional services, equipment, material or professional services required for these productions other than those listed in item 3) above. none 5) cost Total purchase price First Generation shall produce all three videos as described above for an all-inclusive turnkey cost of: Total nroiect cost all 3 videos. $28,800.00 6) terms Purchase terms I Payment for video production services is to be in 3 equal installments as follows: 1st payment due upon commencement: 2nd payment due at halfway point - approx. March 1st 2006: Final payment due on completion: 7) delivery Commencement & completion Production of all 3 video shall occur simultaneously and will commenD upon receipt of 1/3rd of the total purchase price. Completion of all three videos shall be no later than April 1 st 2006. $9,600.00 $9,600.00 $9,600.00 April 1st 2006 2 Video Production Purchase Agreement This is an agreement between First Generation Video, Inc. (hereinafter refeffed to as "Seller), and the City of Salina, (hereinafter refeffed to as "Purchaser), whereas "Seller" agrees to design, write and pro- duce a video, and "Purchaser' agrees to purchase said video according to the terms and conditions set forth herein. P~f Saliqa . B' ~.) Title: M~ J tJ. -/q -tJ 6 SB:~ ::r~Onc (... - Title: Seller's Aaent Date: Date: 12/09/05 This agreement consists of the following enumerated terms and provisions and the terms and provisions set out in the "Seller's" Video Proposal & Price Quotation" above, which is incorporated herein by refer- ence as though fully set out and accepted by "Purchaser". By signing above, both parties agree to the offerings, services, financial considerations and promises contained in the proposal above, as well as to the additional terms and provisions of this agreement below: 1) Variations in running len~ & purchase price The precise finished running length of the video will be determined by the video script and the interpre- tation thereof by the video editor. Without regard to actual finished running length, this agreement and the purchase price herein is based on the cost of a video with a finished length of no less than the "Running length" which can be found on page 1 of the VIdeo Proposal & Agreement above. If any events transpire that for any reason cause the length of the finished video to be reduced, so that it runs less than the "Running length", it is agreed that the "Total purchase price", which can be found on page 2 of the Video Proposal & Agreement, will not change. If any events transpire that for any reason cause the "Seller" to increase the video length to greater than the "Running length", this shall be at the discretion of the "Seller", and the purchase price shall not change. 2) Commencement & completion Commencement of the video shall occur on the date that the "Seller" receives from the "Purchaser" an executed copy of this agreement, together with 1/3rd of the "Total purchase price" as specified on page 2 of the VIdeo Proposal & Agreement. Completion shall occur within the time frame laid out on page 2 under item 9 "commencement & delivery" above. Completion is defined as being the delivery to the "Purchaser" by the "Seller" of one (1) VHS copy of the completed, edited studio mastertape, which has been produced in accordance with the specifica- tions laid down in the final draft script. Balance on completion will be due and payable at that time, 3 3) Guarantee of completion date The "Seller" guarantees completion date above only to the extent that the "Purchaser" provides timely assistance with and approval of any draft or completed script, or other production element offered for review. This includes help with information, material, location site selection, shooting schedules, & any and all other requests for assistance where applicable. The "Seller" shall not be responsible for failure to meet completion date above due to circumstances or conditions which are under the control of the "Purchaser", or any conditions over which the "Seller" has no authority or power. Any changes or modifications to the script or completed video required by the "Purchaser" shall cause the completion date to be extended by whatever amount of time the "Seller" requires to perform such changes or modifications. 4) Changes & modifications to ~e narrative portion of the video script The "Total purchase price" includes a "reasonable" amount of changes and modifications to the various drafts of the video script. When the video script has gone through a series of revisions it shall reach a stage at which it will be referred to as the "final draft scripf. When this occurs the "Purchaser" will be asked to approve this script by "signing-off" either verbally or in written form. This approval will represent the "Purchaser's" complete satisfaction with the video script and will indicate that it is fully developed and ready for recording and production by the voice-over narrator or on-camera presenter. It is agreed that if the "Purchaser" requires any further modification to the narrative portion of the script after the voice-over narrator or on-camera presenter has recorded his performance, the "Purchaser" will be required to pay an additional charge for the re-recording of this material. These charges will include, as necessary, voice-over narrator or on-camera presenter fees, audio recording studio costs, on-camera presenter location shooting costs, videotape, audiotape, materials and shipping. In addition to the narrative re-recording fees above, any changes to the narrative portions of the script once the final editing of the video production is complete, may affect the juxtaposition of the on-screen visuals which accompany the voice-over or on-camera narrative in question. Therefore, the "Purchaser" agrees that any alteration to the narrative portion of a script after the final editing of the video production is complete, could also involve further video editing costs in addition to narrator re-recording. 5) Changes & modifications to ~e visual portion of the completed video When the video has been edited according to the directions laid down in the approved video script, complete with narrator, music bed, soundtrack, titles, graphics, transitions and special effects, the video production will be regarded as "complete" and will be submitted to the "Purchaser" for approval. If, after reviewing the completed, edited production, any "reasonable" changes or modifications to the visual portion of the video are deemed necessary by the "Purchaser", there shall be no additional charge for these visual changes providing that: a) the requested changes do not deviate from the essence of the original visual descriptions contained in the approved final draft script; b) it is not required for "Seller" to go on location to re-shoot any scenes or sequences; c) the changes do not represent the introduction of a new concept, idea or additional subject matter to the video; d) the total accumulative running length of the changed or modified visuals does not exceed 10% of the running length. Any requested changes or modifications to any completed, edited video which do not fall within the scope of the above guidelines shall be deemed "new work" and billed to the "Purchaser" in addition to the total purchase price. If however the "Seller" has misrepresented, omitted, or in any other way caused a scene, sequence, or visual to be in error, and that this error is unmistakably the fault of the "Seller", then this error shall be corrected at no additional charge to the "Purchaser". 4