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HomeMy WebLinkAboutEddie Bojorquez dba Studio 512; 2014-05-07;AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY AND VIDEOGRAPHY SERVICES BETWEEN CITY OF CARLSBAD AND EDDIE BOJORQUEZ DBA STUDIO 512 This Amendment No. 1 is entered into and effective as of the /5-'h day of M~ , 20.L.S:_, extending and amending the agreement dated May 7, 2014, (the "A ement") by and between the C1ty of Carlsbad, a mun1c1pal corporation, ("C1ty"), and Eddie Bojorquez dba Studio 512, a sole proprietor, ("Contractor") (collectively, the "Parties") for professional photography and videography services. RECITALS A. On May 7, 2014, the Parties entered into a one year agreement for professional photography and videography services; and B. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on May 7, 2016 on a time and materials basis not-to- exceed six thousand dollars( $6,000) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall 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, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 on attach a P"': it ;·1qr·~t anci EXHIBIT "A" SCOPE OF SERVICES AND FEE Videography Contractor shall provide video shooting services 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 videography, lighting and audio. Contractor is responsible for providing all of its own 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 5 Compensation. It is agreed that Contractor's hourly rate for video shooting services are: Videography: $490 for up to four (4) hours. $760 for up to eight (8) hours. 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 Carlsbad Writing Style Guide. A copy of this guide will be provided. • 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" for video format and acquisition specifications. 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 Photography Task Direct and shoot outdoor/indoor photos of city events, projects, city staff and volunteers throughout various city locations for use in printed and electronic communication materials. Images will also be used for archival and historical purposes. Coordinate with photo subjects in person or by phone about locations, time and dates of photo shoots Identify and coordinate photo shoots at city locations, including city landmarks, buildings and events desired to use in printed and electronic city communications, such as the website, newsletters and brochures. Photos of people desired include high-quality, candid and posed images of people in Carlsbad locations for use in printed and electronic city communication, such as the website, newsletters and brochures. Photos of projects, landmarks, buildings and events desired include high- quality images in Carlsbad locations for use in printed and electronic city communications, such as the website, newsletters and brochures. Resolution and size of digital JPEG images high resolution digital files, no larger than 30x40. City employees will handle scheduling based on availability of photographer, models and locations, identifying locations and obtaining release forms for models (when needed). Contractor will be in charge of obtaining signed model release forms from individuals participating in photo shoot with forty eight (48) hours' advance notice from city staff. Contractor is responsible for printing co~ies of model release forms. City employees will accompany photographer on shoots (when needed) and provide direction regarding desired shots. City employees will provide a description of each shoot, including time, location, desired images and models. City or Contractor may cancel a scheduled shoot with forty eight (48) hours' notice for unavoidable, unscheduled and unanticipated schedule conflicts. City or Contractor may cancel a scheduled shoot with six hours' notice if weather conditions are deemed unacceptable for obtaining desired images. Photo shoots will generally occur during daylight hours. Most will occur between Monday and Friday, between the hours of 7:30 a.m. and 5:30 p.m., but up to twenty-five (25) percent of the shoots may occur during weekends. Contractor to edit photos as deemed necessary by the city and the _Q_hotographer to correct for exposure or other imperfections. The cost includes the unlimited right of the City of Carlsbad to use the photos. Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of city. City Attorney Approved Version 1/30/13 Contractor to provide camera equipment, including camera, batteries, power, flashes, film, light meters, tripods, memory cards. Contractor's photos must be in color, unless otherwise noted by city employees Coordinate dates/times/locations with the city's communication manger or communication coordinator Deliver or mail communications department, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, with a disc of each photo shoot within one (1) week of each shoot. Discs should be labeled with the shot location and date. Contractor will provide city employees with a disc of high resolution digital (JPEG) files of images taken at the photo shoot within seven (7) (working) days. Contractor will provide between 30 and 60 images for each hour of shooting. For each task, Contractor will produce materials by specific deadlines created by communications department. Contractor will receive written notice from communications department for each task and deadline date for each task. Dates and times will be mutually agreed upon by the parties and subject to the availability of city staff and Contractor. Total not to exceed amount for contract: $6,000 City Attorney Approved Version 1/30/13 ADDENDUM A DISTRIBUTION CITY TELEVISION YOUTUBE/ CITY CITY CITY CHANNEL iPressroom INTRANET WEBSITE ARCHIVE (upon request) (upon request) FORMAT MPEG-2-Quicklime-Windows Media -Windows Media-Quicklime- .mpg, .mpeg .mov .wmv .wmv .mov FPS 29.97 30 30 30 29.97 Video FRAME SIZE 720x480 854X480, 640x360,480x360 320x180,320x240 720x480 640x480 ASPECT RATIO 4:3, .9 pixel 4:3 or 16:9 Same as source, Same as source, 16:9, 1.2 pixel aspect ratio square pixels square pixels square pixels aspect ratio CO DEC MPEG-2 Photo JPEG Windows Media 9 Windows Media 9 NTSC DV BITRATE 4-15 Mbps quality medium VBR, quality 90 265 kbps, quality 50 25 Mbps FIELD ORDER Lower Progressive Progressive Progressive Lower notes Letterbox or Unless obstructing Buffer delay 3 sec Buffer delay 1 sec center-cut important visual widescreen elements, use the Total bitrate PGMs. white City of with audio Do NOT deliver Carlsbad logo as a 275 kbps anamorphic. watermark in upper Observe safe left corner -55 title areas & pixels high to top broadcast safe edge at 50 percent levels. opacity. Audio CO DEC MPEG-1 (layer AAC Windows Media 9 Windows Media 9 Linear PCM 1,11, or Ill) or Uncompressed MPEG-2 BITRATE 192 kbps or 128 kbps or better 96 kbps 10 kbps default better SAMPLE RATE 48 kHz, 16-bit 48 kHz, 16-bit 48 kHz, 16-bit 11kHz mono 48 kHz, 16-bit stereo stereo stereo stereo notes Buffer delay 3 sec Buffer delay 1 sec Video Acquisition City Attorney Approved Version 1/30/13 Acquire all video using best practices, use a tripod for interviews and b-roil as conditions permit or as script requires. All b-roil 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. Camera movements 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, lavaliere microphone and cable should not be visible). Framing should vary between MS and CU during interviews to allow for cutting between answers. Provide proper headroom and look space for interviews (i.e. screen right/screen left). Do not place interview subjects in the center of the screen. There should be enough room during a close-up to allow space 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. Primary format HD-(1. 1080p30, 2. 720p30, or 3. 1080i60 ingested 29.97 FPS} 3. Secondary format SD-(1. 480p 29.97fps, 2. 480i 29.97fps) 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 & 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 of the program via hard drive, DVD (data City Attorney Approved Version 1/30/13 discs) or DVCAM or HDV tape (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. City Attorney Approved Version 1/30/13 AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY AND VIDEOGRAPHY SERVICES BETWEEN CITY OF CARLSBAD AND EDDIE BOJORQUEZ DBA STUDIO 512 THIS AGREEMENT is made and entered into as of the ]--/1, day of -----"-~-=#----· 20 14-, by and between the CITY OF CARLSBAD, a municipal 'City"), and Eddie Bojorquez dba Studio 512, a sole proprietor ("Contractor"). RECITALS City requires the professional services of a professional photographer and videographer who is experienced in photo and video for public agencies. Contractor has the necessary experience in providing these professional services, 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of one (1) year from the date first above written. The Agreement may be extended for two (2) additional one (1 )-year terms with the consent of both parties. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. Compensation. The total fee payable for the Services to be performed shall not exceed six thousand dollars ($6,000.00) and shall be billed at the following rates: Videography: $490 for up to four (4) hours. $760 for up to eight (8) hours. Photography: $300 per hour. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. 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 City Attorney Approved Version 1.2014 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 5. Ownership of Work(s). Excepting such items which are specifically identified by Contractor as proprietary trade secrets, any and all sketches, drawings, tracings, images (whether still or moving), audio sounds, recordings, notes, computations, writings, and other materials and documents (collectively "Work(s)") prepared by Contractor in the performance of this Agreement shall be the property of City from the moment of their preparation, and Contractor shall deliver such materials and documents to City, upon request. Contractor shall have the right to make duplicate copies of such materials and documents for its own file or for other purposes the City may agree as to in writing. 6. 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 all rights corresponding to the foregoing throughout the world. If the Work is one to which the provisions of 17 U.S.C. 1 06A 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. 7. 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 otherwise 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 (1 0) 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. 8. Indemnification -General. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 9. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current -· . . City Attorney Approved Version 1.2014 rating in the Best's Key Rating guide of at least A-:V in an amount of not less than one million dollars ($1 ,000,000) for each policy, unless otherwise authorized and approved by the City Attorney or the City Manager. Notwithstanding, Workers' Compensation and employers liability insurance limits shall not be less than the amount 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. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General and Automobile liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 10. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 11. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 12. 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 and/or U.S. 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 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 13. 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 seq., 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 City Attorney Approved Version 1.2014 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. 14. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 15. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 16. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 17. 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. 18. 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) EJ.cR.~'" c.so~c)r-v-e..r...:: C)w .... c.<", stvJr., stz. (Print name/title~ e...\oo' 0 g ~-t-o~D~I Z...L.ovV\. ,\ (e-mail address) **By: (Sign here) (Print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By~ City ~4ana~er er Me~er Kristina Ray, Communications Manager ATTEST: City Attorney Approved Version 1.2014 If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f._§ 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: City Attorney Approved Version 1.2014 EXHIBIT "A" SCOPE OF SERVICES Videography Contractor shall provide video shooting services 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 videography, lighting and audio. Contractor is responsible for providing all of its own 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 5 Compensation. It is agreed that Contractor's hourly rate for video shooting services are: Videography: $490 for up to four (4) hours. $760 for up to eight (8) hours. 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 Carlsbad Writing Style Guide. A copy of this guide will be provided. • 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" for video format and acquisition specifications. 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 1.2014 7 Photography Task Direct and shoot outdoor/indoor photos of city events, projects, city staff and volunteers throughout various city locations for use in printed and electronic communication materials. Images will also be used for archival and historical purposes. Coordinate with photo subjects in person or by phone about locations, time and dates of photo shoots Identify and coordinate photo shoots at city locations, including city landmarks, buildings and events desired to use in printed and electronic city communications, such as the website, newsletters and brochures. Photos of people desired include high-quality, candid and posed images of people in Carlsbad locations for use in printed and electronic city communication, such as the website, newsletters and brochures. Photos of projects, landmarks, buildings and events desired include high- quality images in Carlsbad locations for use in printed and electronic city communications, such as the website, newsletters and brochures. Resolution and size of digital JPEG images high resolution digital files, no larger than 30x40. City employees will handle scheduling based on availability of photographer, models and locations, identifying locations and obtaining release forms for models (when needed). Contractor will be in charge of obtaining signed model release forms from individuals participating in photo shoot with forty eight (48) hours' advance notice from city staff. Contractor is responsible for printing copies of model release forms. City employees will accompany photographer on shoots (when needed) and provide direction regarding desired shots. City employees will provide a description of each shoot, including time, location, desired images and models. City or Contractor may cancel a scheduled shoot with forty eight (48) hours' notice for unavoidable, unscheduled and unanticipated schedule conflicts. City or Contractor may cancel a scheduled shoot with six hours' notice if weather conditions are deemed unacceptable for obtaining desired images. Photo shoots will generally occur during daylight hours. Most will occur between Monday and Friday, between the hours of 7:30a.m. and 5:30 p.m., but up to twenty-five (25) percent of the shoots may occur during weekends. Contractor to edit photos as deemed necessary by the city and the photographer to correct for exposure or other imperfections. The cost includes the unlimited right of the City of Carlsbad to use the t:>_hotos. Work (and all rights therein, including, without limitation, City Attorney Approved Version 1.2014 8 copyright) belongs to and shall be the sole and exclusive property of city. Contractor to provide camera equipment, including camera, batteries, power, flashes, film, light meters, tripods, memory cards. Contractor's photos must be in color, unless otherwise noted by city employees Coordinate dates/times/locations with the city's communication manger or communication coordinator Deliver or mail communications department, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, with a disc of each photo shoot within one (1) week of each shoot. Discs should be labeled with the shot location and date. Contractor will provide city employees with a disc of high resolution digital (JPEG) files of images taken at the photo shoot within seven (7) (working) days. Contractor will provide between 30 and 60 images for each hour of shooting. For each task, Contractor will produce materials by specific deadlines created by communications department. Contractor will receive written notice from communications department for each task and deadline date for each task. Dates and times will be mutually agreed upon by the parties and subject to the availability of city staff and Contractor. Total not to exceed amount for contract: $6,000 City Attorney Approved Version 1.2014 9 ADDENDUM A DISTRIBUTION CITY TELEVISION YOUTUBE/ CITY CITY CITY CHANNEL iPressroom INTRANET WEBSITE ARCHIVE (upon request) (upon request) FORMAT MPEG-2-QuickTime-Windows Media -Windows Media -QuickTime- .mpg, .mpeg .mov .wmv .wmv .mov FPS 29.97 30 30 30 29.97 Video FRAME SIZE 720x480 854X480, 640x360,480x360 320x180,320x240 720x480 640x480 ASPECT RATIO 4:3, .9 pixel 4:3 or 16:9 Same as source, Same as source, 16:9, 1.2 pixel aspect ratio square pixels square pixels square pixels aspect ratio CO DEC MPEG-2 Photo JPEG Windows Media 9 Windows Media 9 NTSC DV BITRATE 4-15 Mbps quality medium VBR, quality 90 265 kbps, quality 25 Mbps so FIELD ORDER Lower Progressive Progressive Progressive Lower notes Letterbox or Unless obstructing Buffer delay 3 sec Buffer delay 1 sec center-cut important visual widescreen elements, use the Total bitrate PGMs. white City of with audio Do NOT deliver Carlsbad logo as a 275 kbps anamorphic. watermark in upper Observe safe left corner-55 title areas & pixels high to top broadcast safe edge at 50 percent levels. opacity. Audio CO DEC MPEG-1 (layer AAC Windows Media 9 Windows Media 9 Linear PCM 1,11, or Ill) or Uncompressed MPEG-2 BITRATE 192 kbps or 128 kbps or better 96 kbps 10 kbps default better SAMPLE RATE 48 kHz, 16-bit 48 kHz, 16-bit 48 kHz, 16-bit 11kHz mono 48 kHz, 16-bit stereo stereo stereo stereo notes Buffer delay 3 sec Buffer delay 1 sec City Attorney Approved Version 1.2014 10 Video Acquisition Acquire all video using best practices, use a tripod for interviews and b-roil as conditions permit or as script requires. All b-roil 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. Camera movements 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, lavaliere microphone and cable should not be visible). Framing should vary between MS and CU during interviews to allow for cutting between answers. Provide proper headroom and look space for interviews (i.e. screen right/screen left). Do not place interview subjects in the center of the screen. There should be enough room during a close-up to allow space 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. Primary format HD-(1. 1080p30, 2. 720p30, or 3. 1080i60 ingested 29.97 FPS) 3. Secondary format SD-(1. 480p 29.97fps, 2. 480i 29.97fps) 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 & 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. City Attorney Approved Version 1.2014 11 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 of the program via hard drive, DVD (data discs) or DVCAM or HDV tape (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. City Attorney Approved Version 1.2014 12