HomeMy WebLinkAboutDavid McMinn dba 56th Period Productions; 2013-08-01;AMENDMENT NO. 2 TO AGREEMENT FOR VIDEO PRODUCTION SERVICES
FOR DAVID MCMINN, DBA 561ll PERIOD PRODUCTIONS
Amendment No. 2 is enter~ into and effective as of the J'J.i'b. day of
-:-:-----::o'tf-I....K..Ioo~..p..t4_...'-L---:-----' 20U, amending the agreement dated August 1, 2013
(the " greem f') by and between the City of Carlsbad, a municipal corporation, ("City"), and
David McMinn, DBA 56111 Period Productions, a sole proprietor, ("Contractor'').
RECITALS
A. On August 1, 2013, the Parties executed the Agreement to provide video production
services to include videography, editing, lighting, graphic design, audio, writing and
technical and pre-production support related to city video productions, the city
government channel and website, and
B. On March 18, 2015, the Parties executed Amendment No. 1 that extended the scope of
work and fee schedule, and
C. The Parties desire to amend and extend the Agreement for a period of two years.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
Ill
Ill
II
1. The Agreement, as may have been amended from time to time, is hereby extended for a
period of two years ending on August 1, 2017, on a time and materials basis not-to-
exceed eighty thousand dollars ($80,000) per Agreement year.
2. All other provisions of the Agreement, as may have been amended from time to time, will
remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
this Amendment.
City Attorney Approved Version 1/30/13
1
4. The individuals executing this Amendment and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
City Manager Of-I~~..QF-!;;)fR~~
Kathryn B. Dodson, im
ATTEST:
~~~4
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 1/30/13
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Contractor shall provide video production services to include videography, editing, lighting,
graphic design, audio, writing and technical and pre-production support related to city video
productions, the city government channel and website.
Communications Department will provide Contractor with detailed instructions to achieve end
results to include direction on pre-production, writing, videography, directing, editing, lighting,
audio recording, technical support, photography, and graphic design. Contractor will provide
video archival support on an as needed basis. Contractor is responsible for providing all of its
own editing and camera equipment as needed for the various assigned projects. On occasion
and depending on the specific project, Contractor may use city equipment on an as-needed
basis. Contractor warrants that if he uses city provided equipment that he will only use city
equipment in which he is proficient in the proper use and functions. Contractor shall immediately
notify the city's video production manager or designee if any piece of city equipment that he is
using is damaged, becomes non-functional or is not functioning in a proper manner.
Services under this contract are non-exclusive and if Contractor is unavailable for a given
project; the city reserves the right to choose an alternate contractor to provide described
service.
Contractor shall bill hourly fees as set forth in this Agreement, Section 3 Compensation. It is
agreed that Contractor's hourly rate for services are:
• $35/hour for production tech/administrative services
• $50/hour for video editing
• $100/hour for shooting video footage
Other considerations:
• All works submitted to and accepted by the city must be original material created by the
Contractor.
• All works submitted by the Contractor must be 1n standard U.S. Engl1sh and adhere to the
City of Carlsbad Writing Style Guide. A copy of this guide will be provided.
• All written works must be submitted in Microsoft Word format. The work should appear in a
non-bolded Calibri, 12 point font.
• Contractor's submissions to the city may not contain profanity, erotica or pornography
and/or the Contractor's personal racial, political or religious views.
Please see Addendum "B" and Addendum "C" for video format, acquisition specifications and
file naming conventions.
The city reserves the right to use all submitted works in perpetuity and in all current and/or
future forms of current media and/or media to be developed.
City Attorney Approved Version # 05.22.01
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AGREEMENT FOR VIDEO PRODUCTION SERVICES
DAVID MCMINN, DBA 56™ PERIOD PRODUCTIONS
THIS AGREEMENT is made and entered into as of the / ^ day of
PcU^^sXZ^ , 20 /3. by and between the CITY OF CARLSBAD, a municipal
corporatioW ("City"), and David McMinn, DBA 56*'' Period Productions, a sole proprietor,
("Contractor").
RECITALS
A. City requires the professional services of a video production company that is
experienced in pre-production, writing, producing, directing, lighting, audio recording, technical
support, shooting and editing videos. Photography services are also required on an as-needed
basis.
B. Contractor has the necessary experience in providing professional services and
advice related to video production.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two years from the date first above
written. The City Manager may amend the Agreement to extend it for two additional two-year
periods or parts thereof in an amount not to exceed forty-thousand dollars ($40,000) per
Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance. City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
forty-thousand dollars ($40,000) per Agreement year to be billed at the following rates:
• $35/hour for production/technical support/editing; shooting with city equipment
• $250-half day shooting with equipment
• $500 full day shooting with equipment
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No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent (10%)
retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental
payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election, City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. TITLES AND COPYRIGHT ASSIGNMENT
Contractor and City intend this to be an Agreement for Services and each considers the
deliverable product (Work) and results of the Services to be rendered by Contractor hereunder
to be a work made-for-hire. Contractor acknowledges and agrees that the Work (and all rights
therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive
property of City.
If for any reason the Work would not be considered a work made-for-hire under applicable law,
Contractor does hereby sell, assign, and transfer to City, its successors and assigns, the entire
right, title and interest in and to the copyright in the Work and any registrations and copyright
applications relating thereto and any renewals and extensions thereof, and in and to all works
based upon, derived from, or incorporating the Work, and in and to all income, royalties,
damages, claims and payments now or hereafter due or payable with respect thereto, and in
and to all causes of action, either in law or in equity for past, present, or future infringement
based on the copyrights, and in and to ail rights corresponding to the foregoing throughout the
world.
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If the Work is one to which the provisions of 17 U.S.C. 106A apply, the Contractor hereby
waives and appoints City to assert on the Contractor's behalf the Contractor's moral rights or
any equivalent rights regarding the form or extent of any alteration to the Work (including,
without limitation, removal or destruction) or the making of any derivative works based on the
Work, including, without limitation, photographs, drawings or other visual reproductions or the
Work, in any medium, for City purposes.
Contractor agrees to execute all required documents and to perform such other proper acts, as
City may deem necessary to secure for City or its designee the rights herein assigned.
10. INDEMNIFICATION FOR INTELLECTUAL PROPERTY INFRINGEMENT
Contractor agrees to defend, indemnify and hold harmless City, its elected officials, employees
and agents from and against any claim, action, proceeding, liability, loss, damage, cost or
expense, including, without limitation, reasonable attorneys' fees, as provided herein, arising out
of any claim that the Contractor's Works, products, services and/or deliverables, or any part of
them, infringes upon or otherwise violates any copyright, trade secret, trademark, service mark,
patent, invention, proprietary information, or other rights of any third party, or that City's use of
them OthenA/ise violates this Section [collectively referred to for purposes of this Section as
"Infringement Claims(s)"], by paying all amounts that a court finally awards or that Contractor
agrees to in settlement of such Infringement Claim(s), as well as any and all expenses or
charges arising from such Infringement Claim(s), including reasonable attorneys' fees, as they
are incurred by City or any other party indemnified under this Section.
City also agrees that, if the use or operation of the Contractor's Works, products, services
and/or deliverables, or any part of them, becomes, or in Contractor's opinion is likely to become,
the subject of an Infringement Claim(s), City will permit Contractor, at Contractor's option and
expense for all associated costs, either to procure the right for City to continue to use
Contractor's Works, products, services and/or deliverables, or part thereof, or to replace or
modify them with another item of comparable quality and performance capabilities to become
non-infringing, provided such replacement or modification does not cause the product, services
and/or deliverables, or any part thereof, to fail to comply with any of the requirements of this
Agreement, including but not limited to, all functionality, technical specifications and
performance warranties.
In the event City's ongoing use of Contractor's Work's, products, services and/or deliverables,
or any part of them, is the subject of any act by a third party arising from an Infringement Claim
that would preclude or impair City's use of Contractor's Works, products, services and/or
deliverables (e.g., injunctive relief), or if City's continued use of them may subject it to punitive
damages or statutory penalties. City shall give written notice to Contractor of such fact(s). Upon
notice of such facts. Contractor shall procure the right for City to continue to use the Works,
products, services and/or deliverables, or part thereof, or replace or modify the Works, products,
services and/or deliverables of comparable quality and performance capabilities to become non-
infringing.
If Contractor fails to complete the remedial acts set forth above within forty-five (45) calendar
days of the date of the written notice from City, City shall have the right to take such remedial
acts it determines to be reasonable to mitigate any impairment of its use of Contractor's Works,
products, services and/or deliverables or damages (hereafter referred to as "City's Remedial
Acts"). Contractor shall indemnify City for all amounts paid and direct and indirect costs
associated with City's Remedial Acts. Failure by Contractor to pay such amounts within ten (10)
calendar days of invoice by City shall, in addition to and cumulative to all other remedies, entitle
City to immediately withhold payments due Contractor under this Agreement up to the amount
paid in connection with City's Remedial Acts.
City Attorney Approved Version 1/30/13
11. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
11.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
11.1.2 Automobile Liabilitv. (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
11.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
I I If box is checked, Professional Liability
City's Initials Contractor's initials Insurance requirement is waived
11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
11.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
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11.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
11.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
11.5 Sul::|mission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
12. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
13. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
14. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
15. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
16. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv
Name Val Brown/Kristina Ray
Title Video Prod. Mgr./Comm. Mgr.
Department Communications
For Contractor
Name
Title Sole. Vrcp^ic\o<'
City of Carlsbad
Address 1200 Carlsbad Village Drive
Carlsbad, CA
Phone No. 760-434-2820
Address RrooKfrts-g^ /Apf. IZ
Phone No. 7^0- 672 - ZHH
Email giltMC>vtir\y\ @ yrv\a>l- Cov^
City Attorney Approved Version 1/30/13
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
17. CONFUCT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
18. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. DISPUTE RESOLUTION
If a dispute should anse regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othen/vise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
City Attorney Approved Version 1 /30/13
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty. City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et sea.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
24. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
25. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
26. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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27. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
By
(sign here)
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager Ul M«»yui ui' DiuiAiuii Diigji^ui^'''///,^
ao authorigcd by tho City Manaa(fe?>\:^.?.C!p o''^
ATTEST:
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREJA^.^4:ity Attorney
Assfstant City Attorney
City Attorney Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide video production services to include videography, editing, lighting,
graphic design, audio, writing and technical and pre-production support related to city video
productions, the city government channel and website.
Communications Department will provide Contractor with detailed instructions to achieve end
results to include direction on pre-production, writing, videography, directing, editing, lighting,
audio recording, technical support, photography, and graphic design. Contractor will provide
video archival support on an as needed basis. Contractor is responsible for providing all of its
own editing and camera equipment as needed for the vanous assigned projects. On occasion
and depending on the specific project. Contractor may use city equipment on an as-needed
basis. Contractor warrants that if he uses city provided equipment that he will only use city
equipment in which he is proficient in the proper use and functions. Contractor shall immediately
notify the city's video production manager or designee if any piece of city equipment that he is
using is damaged, becomes non-functional or is not functioning in a proper manner.
Services under this contract are non-exclusive and if Contractor is unavailable for a given
project; the city reserves the right to choose an alternate contractor to provide described
service.
Contractor shall bill hourly fees as set forth in this Agreement, Section 5 Compensation. It is
agreed that Contractor's hourty rate for services are:
• $35/hour for production/technical support/editing; shooting with city equipment
• $250-half day shooting with own equipment
• $500 full day shooting with own equipment
Other considerations:
• All works submitted to and accepted by the city must be original material created by the
Contractor.
• All works submitted by the Contractor must be in standard U.S. English and adhere to the
City of Cartsbad Writing Style Guide. A copy of this guide will be provided.
• All wntten works must be submitted in Microsoft Word format. The work should appear in a
non-bolded Calibri, 12 point font.
• Contractor's submissions to the city may not contain profanity, erotica or pornography
and/or the Contractor's personal racial, political or religious views.
Please see Addendum "A" and Addendum "B" for video format, acquisition specifications and
file naming conventions.
The city reserves the right to use all submitted works in perpetuity and in all current and/or
future forms of current media and/or media to be developed.
City Attorney Approved Version 1/30/13
Addendum A
DISTRIBUTION CITY TELEVISION
CHANNEL
YOUTUBE/
iPressroom
CITY
INTRANET
(upon request)
CITY
WEBSITE
(upon request)
CITY
ARCHIVE
FORMAT MPEG-2-
.mpg, .mpeg
QuickTime -
.mov
Windows Media -
.wmv
Windows Media -
.wmv
QuickTime -
.mov
FPS 29.97 30 30 30 29.97
FRAME SIZE 720x480 854X480,
640x480
640x350, 480x360 320x180, 320x240 720x480
ASPECT RATIO 4:3, .9 pixel
aspect ratio
4:3 or 16:9
square pixels
Same as source,
square pixels
Same as source^
square pixels
16:9,1.2 pixel
aspect ratio
CODEC MPEG-2 Photo JPEG Windows Media 9 Windows Media 9 NTSC DV
BITRATE 4-15 Mbps quality medium VSR, quality 90 265 kbps, quality 50 25 Mbps
FIELD ORDER Lower Progressive Progressive Progressive Lower
notes Letterbox or
center-cut
widescreen
PGMs.
Do NOT deliver
anamorphic.
Observe safe
title areas &
broadcast safe
levels.
Unless obstructing
important visual
elements, use the
white City of
Carlsbad logo as a
watermark in upper
left corner - 55
pixels high to top
edge at 50 percent
opacity.
Buffer delay 3 sec Buffer delay 1 sec
Total bitrate
with audio
275 kbps
Audio
CODEC MPEG-1 (layer
1,11, or III) or
MPEG-2
AAC Windows Media 9 Windows Media 9 Linear PCM
Uncompressed
BITRATE 192 kbps or
better
128 kbps or better 96 kbps 10 kbps default
SAMPLE RATE 48 kHz, 16-bit
stereo
48 kHz, 16-bit
stereo
48 kHz, 15-bit
stereo
11 kHz mono 48 kHz, 16-bit
stereo
notes Buffer delay 3 sec Buffer delay 1 sec
Updated 4/1/13
Video Acquisition
Acquire all video using best practices, using a tripod for interviews and b-roll as conditions
permit or as script requires. All b-roll should have audio. Shots should have sufficient pad at the
beginning and end for editing and archiving purposes. Pans, tilts or zooms should be no longer
than five to seven seconds. Use sufficient light, white balance and be sure the subject is
properly exposed. When choosing between subject and background, expose for the subject.
Shots should be well-composed, natural, depicting lifestyle with a focus on people. Subjects
should look professional and interesting. Shots should be smooth, steady, dynamic, flowing and
intentional.
Use proper microphones when interviewing talent (i.e. lavaliere with windscreen properly
placed), no cables visible (handheld or shotgun microphone should be out of frame). Framing
should vary between MS and CU during interviews to allow for cutting between answers.
Provide proper look space and headroom for interviews (i.e. screen right/screen left). There
should be enough room on a close-up to allow for a lower third. Gather establishing shots and
ample cutaways to support interviews and narration. When acquiring video footage please use
the following standards:
1. Video files to be acquired in 16:9 ws
2. Pnmary format HD - (1.1080p30, 2. 720p30, or 3.1080i60)
3. Secondary format SD - (1. 480p SOfps, 2, 480i SOfps)
Editing
Please edit projects in standard definition - this will make it easier to export and archive the
project. All Carlsbad pre-produced elements are in DV which is a standard definition size.
Deliverables
Finished programs are to be delivered in the following formats. Standard definition digital video
files with 15 frames of black at the head and tail:
1. Archive: QuickTime (DV)
2. YouTube 8i iPressroom (newsroom) QuickTime (photo-JPEG) with white watermark
3. Channel files: {MPEG-2)
4. Streaming server: (WMV)
Producer will deliver the following for each program according to established specifications:
1. All consolidated project files e.g. Final Cut/Avid/Premiere, Illustrator, Photoshop, After
Effects, etc. and a digital version of script reconciled to the final program.
2. All physical and digital media source files (captured video media, narration, graphics,
music, animations and any other elements created for the project). Digital media source
files are to be delivered at the completion ofthe program via hard drive, DVD (data
discs) or DVCAM or HDVtape (time code needs to match digital files). All video files
must be named according to project, shot description and type of shot (i.e. Crosswalk
Safety - guard crosses with child - MS), Please Addendum B for more details on file
naming.
Addendum B
The City of Cartsbad video footage library contains thousands of clips. To make it easy to find a
particular clip it is important that they are named consistently and efficiently. Please follow the
instructions below when naming clips for the file footage library.
Naming clips
Every shoot has a name that closely conforms to the project name. Examples are provided
below to show the relationship between the project name, location and how files are named.
Keep the title as brief as possible to make it easier to identify clips in editing.
Name of Shoot
Event
Location
Date
Tape X of X
Shooter
Description of video
in time code order
Additional Notes:
Name ofthe project: "Crosswalk Safety"
Subject ofthe shoot: School crossing guard interview and b-roll
Location ofthe shoot: Calavera Elementary School
Date the footage was shot (in notes)
Number of tapes/discs shot for the project, i.e. tape 1 of 2 and so
on (in notes)
Who shot the footage, last name will suffice (in notes)
For example, kids cross street, car speeds by, crossing guard
Interview (for interviews, please include the name and proper
spelling in the clip and on the outside ofthe case). Also include
their title if any.
Please note any additional shots that do not pertain to the project,
but were acquired while on the shoot. For example, trail with
flowers in bloom
Piease keep the names of clips as short and detailed as possible in this order.
Naming Order: Project Prefix - Description of Action, ANGLE
Example: Crosswalk Safety - guard crosses with kids MS
The project prefix can also be the location of the shoot, For example, if you were recording B-
Roll of airplanes at the airport, "Airport - jet takes off - iVlS" would be the file name,
If the name ofthe project is "Crosswalk Safety," then there is no need to include any mention
of crosswalks unless it is considered important for the specific clip. You can also refer to the
Crossing Guard simply as 'guard' because it is included in the project prefix. This will help limit
the overall length of a name of a clip.
If there are multiple takes of a same action, signify the difference by adding a number to the
end. For example: Crosswalk Safety - guard crosses with kids 2 MS
These are the only three angles used in Identifying angles when naming clips:
WS = Wide Shot
MS = Medium Shot
CU = Close Up
Additional descriptors;
Rack Focus = RF
Over the Shoulder = GTS
Panning Right = PR
Panning Left = PL
Tilt Up = TU
Tilt Down = TD
Push In/Zoom In = Zl
Pull Out/Zoom Out = ZO
Interview = INTVW
People = ppl
Camera = cam
With = w
Interior = int.
Exterior = ext.
Foreground = fg
Background = bg