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7. Turnaround

4. Bid Forms

There shall be no less than 10 hours between the completion of the work time on one day and the commencement of work time on the next day, for the same project. Commencement of work time in less that 10 hours shall result in a penalty, in addition to the prevailing rate, according to the following schedule: 0–5 hours is $50 per hour; 5–10 hours is $25 per hour.

The nationally accepted AICP bid form should be used in all competitive bid situations.

Invoices submitted within 5 working days of completion of technician’s work will be paid within 10 days of invoice. A penalty of 1.5% per month (or maximum allowable by law) will be assessed against all overdue balances. Minimum penalty is $1.00 (notice must be printed on invoice for this to apply). A cash draw is requested for technician’s out-of-pocket expenses within 24 hours of expenditure. Because of the variety of accounting procedures, alternative arrangements may frequently be negotiated. It is strongly recommended that an agreement be reached prior to the commencement of production.

Travel to and from work in the area within a 25-mile radius of City Hall shall not be considered as work time. Travel outside the 25-mile radius on a day when no production occurs shall be billed at the straight hourly rate set by the contractor, shall begin upon commencement of travel, and shall not constitute less than a minimum call (see Section 1). Travel time outside the 25-mile radius on a day in which production does occur shall be considered as work time. Such work time will commence at the 25-mile point and cease upon re-entering the 25-mile zone. The prevailing rate shall be applicable until the 25-mile zone is re-entered. Personnel required to drive production vehicles, regardless of what that vehicle is or who is the owner, shall have their work day begin at the commencement of travel in said vehicles and end when all duties have been discharged for the day.

6. Production Insurance PRODUCER AND CLIENT

1. Billing 50–50 Plan. The following is based on the National Association of Independent Commercial Producers Guidelines. a. First billing: 50% of the contract price will be billed by the production company within 10 days of job confirmation. Since job confirmation has almost always been a verbal order, this first billing will be issued whether or not the production company is in receipt of a written contract, purchase order or letter of agreement. (Note: This provision reaffirms the verbal order to commence production and signifies that all proper agency and client authorizations have been attained and the production company is to begin spending time and money on the job). b. The remaining 50% will be billed upon approval of film or tape dailies (this applies only when contract does not include editorial completion), or upon approval of final edit. ⁄3-1⁄3-1⁄3 Plan. a. The first 1/3 will be billed by the production company upon verbal confirmation to proceed. b. The second 1/3 will be billed upon completion of principal photography. c. The final 1/3 will be billed upon approval of final edited program (this would be the cut work print in film, the offline edit in tape or the final assembly in multiimage production). 1

2. Payment First payment is due and payable within 10 days of receipt of invoice. All subsequent payments will be due and payable within 30 days of receipt of subsequent invoices. A penalty of 1.5% per month (or maximum allowable by law) will be assessed against all overdue balances.

3. Scheduling Postponement of Confirmed Days. Postponements will not be charged providing the project is rescheduled within 10 calendar days. If not rescheduled, cancellation policy will apply. Any out-of-pocket or non-recoupable expenses due to postponement shall be billed in addition to quoted job costs (e.g., equipment rentals, shipping costs, etc.). Cancellation of Confirmed Days. Cancellations made less than 48 hours before shoot time will be charged all out-of-pocket expenses plus mark-up plus all appropriate in-house expenses incurred by the production company. Cancellations made less than 48 hours before shoot time will be charged all out-of-pocket expenses plus a minimum call for all scheduled crew for all confirmed days, not to exceed 10 confirmed days, 1.5 day rate for equipment, plus all appropriate in-house expenses and markup. Weather/Contingency. Work held up due to weather, illness, absence of irreplaceable production members or other conditions beyond the control of the production company shall be billed as follows: a. Minimum call if contractor is released for day (or night). b. Time spent waiting for weather/contingency situations to change shall be considered as work time and be billed at full rates. c. All direct and out-of-pocket expenses shall be reimbursed. d. Equipment held under such conditions shall be billed at full rates. e. If work is not resumed at the end of the contingent situation, postponement and/ or cancellation conditions apply.

OMPA recommends that viable production insurance coverage be obtained by both the producer and the client and that the cost be openly discussed and confronted in the bidding of new work. We also recommend that the agency and/or client should share the liability equally with the producer. A waiver of liability should be obtained by the producer if the client is not willing to assume fair responsibility. This insurance can provide coverage on faulty film and/or tape stock, lab failures or damage, equipment failures, loss or damage of exposed original, weather days, etc.

PERFORMER AND AGENCY The following standards reflect common practices among talent agents and performers in the professional industry. They have been developed based on both California and New York state law and endorsed by a community of Talent Agents, Performers, Producers and the OMPA.

1. Definition A Talent Agent works to procure employment for performers.

2. Payment Professional Talent Agencies shall only be paid when their performers are booked to work. These payments take the form of a commission, and are detailed in a performer’s contract with their Agent. They take the form of a percentage of gross earnings, and only once the work has been performed and paid for by the client.

3. Fees A Talent Agent may advise performers about opportunities that will better their career. Professional services such as headshots, workshops, lessons, show reels, online casting support sites, etc. may be required by a Talent Agent. However, fees for such services either to the Agent or specific vendors must not be mandatory in exchange for representation or procurement of employment. A Talent Agency website has certain maintenance costs that may be passed on to performers in order to be included online, however website fees must not be required in exchange for representation or procurement of employment.

4. Casting It is considered standard that a Talent Agency does not direct casting in their usual course of operations.

5. Employment Opportunities Professional performers should never pay for the opportunity to work. In other words, genuine work opportunities come with an offer of fair pay for fair work. Whether solicited by an agency, producer, or anyone else, professional employment does not come with requirements to pay in advance for the opportunity to work.

SourceOregon 2017 | A Publication of the OMPA  39

Standards and Practices

8. Payment

5. Travel Time

Profile for Oregon Media Production Association

SourceOregon 2017  

Enjoy OMPA's annual publication exclusively highlighting the award winning work of Oregon Media Production Association members. 2017 theme...

SourceOregon 2017  

Enjoy OMPA's annual publication exclusively highlighting the award winning work of Oregon Media Production Association members. 2017 theme...

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