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THE CITY OF ASPEN
CITY COUNCIL
SPECIAL MEETING
MONDAY, OCTOBER 29, 2007
5PM
I. Resolution #091, 2007 - Contract - Historic Preservation Documentary
II. Ordinance #047, 2007 - Public Hearing - Extension of SCI Moratorium
x
MEMORANDUM
TO:
Mayor and City Council
Chris Bendon, Community Development, Director~
FROM:
DATE OF MEMO:
October 25, 2007
RE:
Contract for Historic Preservation Program Documentary
City Council: Attached is a memorandum and proposed contract for a documentary video on the
Historic Preservation Program. Staff would like City Council to add this to the October 29,
2007, special meeting agenda. The contractor is ready to start shooting video on the week of the
29th and staff would like to take advantage of the remaining fall weather and capture footage
prior to the snowy season. At Council's option, this contract could be delayed until the
November 12th meeting or as otherwise needed.
Page 1 of 1
MEMORANDUM
TO:
Mayor and City Council
FROM:
Ben Gagnon, Special Projects Planner
Chris Bendon, Community Development, Director ~
THRU:
DATE OF MEMO:
October 25, 2007
MEETING DATE:
October 29, 2007
RE:
Contract for Historic Preservation Program Documentary
REQUEST OF COUNCIL: Staff is requesting that Council approve a contract with Cinema
Vertige, LLC, for the production of a documentary on the Historic Preservation Program.
PREVIOUS COUNCIL ACTION: Council has informally approved this project during a
work session on the HP Program and authorized the funding.
BACKGROUND: Subsequent to Council providing informal approval for this project, staff
issued a Request for Proposals in August and received five (5) responses. Of the five responses,
one was clearly superior to the others and was chosen to co-produce the documentary. Denver-
based Cinema Vertige, LLC showed outstanding ability in narrative forms, artistic
cinematography and innovative approaches to the interview-based documentary genre.
DISCUSSION: Staff believes the production of a balanced, journalistic documentary on the
history of the City's Historic Preservation Program ranging from the early 1970s to the present
would be a valuable educational tool as well as a method for inviting community engagement
and discussion regarding the Historic Preservation Program and its future. Staff found that the
2006 documentary titled, "The Entrance to Aspen: How Did We Get Here?" was successful in
providing a balanced perspective on a controversial issue, while also inviting community
engagement and discussion.
The timeline for completing the documentary is approximately six (6) months from initiation of
work. Staff would like to invite Vertige to begin shooting as soon as possible in order to capture
footage prior to winter, and to begin their research into the history of the program.
FINANCIAL/BUDGET IMP ACTS: The total budget for this documentary as submitted by
Cinema Vertige, LLC, is $40,027. This is within the budget allocated for this task.
RECOMMENDED ACTION: Staff recommends that Council approve this contract.
A TT ACHED: Proposed Resolution
Proposed Contract with Cinema Vertige, LLC
Page I of I
RESOLUTION # ct.!
(Series of 2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND CINEMA VERTIGE LLC SETTING FORTH THE
TERMS AND CONDITIONS REGARDING DOCUMENTARY ON THE
HISTORIC PRESERVATION PROGRAM AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Cinema Vertige LLC, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Cinema Vertige LLC regarding
producing a Documentary of the Historic Preservation Program, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf ofthe City of
Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held ***
Kathryn S. Koch, City Clerk
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Cinema Vertige LLC, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
Scope of Work. Professional shall perfOlUl in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than six months from start date. Upon request of the City, Professional shall
submit, for the City's approval, a schedule for the performance of Professional's services which shall
be adjusted as required as the project proceeds, and which shall include allowances for periods of
time required by the City's project engineer for review and approval of submissions and for
approvals of authorities having jurisdiction over the project. This schedule, when approved by the
City, shall not, except for reasonable cause, be exceeded by the Professional.
Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
$40,027.40. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to payor be
liable for payment of any sums due which may be due to any sub-contractor.
Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfmished documents, data, studies, surveys,
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drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
Covenant Against Contingent Fees. The Professional warrants that slhe has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that slhe has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
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damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability , claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any c1aims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - each employee. Evidence of qnalified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
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(iv)
DOLLARS
aggregate.
Professional Liability insurance with the minimum limits of ONE MILLION
($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
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Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
PrClfessiClllal:
Alexandre PhiliDoe
Cinema Vertige, LLC
530 East 20th Avenue #2305
Denver, CO 80205
Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. 1I1el!al Aliens - CRS 8-17.5-101 & 24-76.5-101.
a. Puroose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
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under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
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shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
. subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
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17. General Tenns.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
proVISIon.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE)
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ATTESTED BY:
CITY OF ASPEN, COLORADO:
By:
Title:
Date:
WITNESSED BY:
PROFESSIONAL:
C/I'ft-"""A V(j2'716?, LLC
,
VArJf:~A fl1/Llfff
By: /tL
Title: CIZ
Date: /0/ n,/ 07
t I
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EXHIBIT "A" to professional Services Agreement
Scope of
Work
SECTI('}I\~ ~L2: PR(),JEC'TE?,:) "rGr'tjlELH~r:
*(PI.... note that the_ .... tentative daNS. pending approval from - CIty of
Aapen.)
pHASE ONE: PRE_PRODUCTION
(M1d-8eptember to mld-October 2007)"
. Inlttal meeting with City of Aspen's Community Development Department
" Specify goats and benchmarks .
" Sign off on productIOn schedule to ensUl'S cteUvery of finished docu,,-,tary and
all retated media no later than 4 to 6 months from project Initiation
. Dlecuss the documentary's overall story arc, chaPters, ete... .
. Dlecuss appropriate styles and paCing
. Select talent for voice-over narratlon.(If needed)
. Identify Intervlew subjects, and draft Interview questions
. Scope locations for Interviews and B-roU footage
. Review all eXisting footage and hlatorlc photOgraphS from the CIty of Aspen's
collection
please note that we anticipate to drive to Aspen to shoOt some B-roII footage during
our pre-production period, as soon as the leaves start changing color. .
pHASE TWO: PRODUCTION
(OngOIng. mid-October 2007 through mid-December 2007).
. Interviews (4-5 days)
. On-camera host (1 day, If needed)
. Voice-over studio wort< (1/2 day, if needed)
. B-rell (6 days)
[Possible additional Spring B-roll shooting through late March (If deemed necessary by
the City of Aspen).}
pHASE THREE: POST PRODUCTION
(Ongoing. mid-November 2007 through .- Jenuary 2008).
. Early December. first rough cut of docUmentary (w/o music or graphIcS):
feedback from the City of ASpen
. Early January: lI8Cond cut of documentary (with music and graphiCS): post
production sound work begins; feedbaCk from the City of Aspen
. Late January: final cut of documentary. and delivery of finished .medla
Late January 2008: DelIvery of final version of documentary and all related media and
dubS to the City of Aspen. Post production estimated dateS are baSad on prompt
feedback from the City of Aspen. Please note that dat811 are subject to change In the
event of additional Springtime B-roll shooting.
PSl-971.doc
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SEC"y'~()~j 3~ ~~ ~ P~;!F~(~i(~tL~(;~r~(}FIcJi F!>[:~~)f:;E~;S
Upon signature of the contract, Cinema vertlge will immediately begin the Initial pre-
production process (Phase One), during which the Director and Producer will work in
close collaboration with the CIty of Aspen. It Is our Intent to meet with the Oty of
Aspen's Community Development Department to establish appropriate .
communication/feedback procedures throughout the process, provide creative
solutions to determIne the most appropriate stylistic and technical approech, and agree
on a course of action best suited to deliver a documentary film that will accomplish the
objectives of the City of Aspen.
During this Initial pre-production meeting, the Oty of Aspen and Onema Vertlge will:
. review the project
. specify goals and benchmarks
. agree on an appropriate production scheclule to ensure delivery of the
documentary and all related media within 4-6 months of project Initiation
. define the appropriate dlrectlon for the project
. discuss the documentary's overall story arc
. determine proper chapter/sequenclng structure
. identify interview subjects
. discuss the style and pacing of the documentary
. define how the progrems will most effectively appeal to their target audience
. collect existing footage and historic photographs selected by the CIty of Aspen
for possible Inclusion In the documentary
. scope historical structures and locations for interviews
During Phase One, Cinema Vertlge will also:
. select talent for voice-over narration (see below for an altemate proposed
approach)
. draft interview questions
. schedule interviews
. revIew existing footage and historic photographs selected by the CIty of Aspen
for possible Inclusion In the documentary
We understand that the Oty of Aspen describes the project as driven by voice-over
narration and an on-camera host, and we would like to propose a slightly different
approach for your consideration. While we have successfully crafted a number of
documentaries and educational projects through the use of voice-over narration, we
believe that the technlq\18 of using interview sound bites as voice-over Is often a more
powerful. less didactic way to engage the viewer. We have enclosed two copies of
WRITTEN IN WATER, a 26-mlnute film we produced for the CIty of Greeley, as an
example of this partlculer technique. Should the CIty of Aspen opt for that approach, it
is worth noting that the cost of the film would go down considerably, as line Items for
talent and voice-over studio and recording would be removed from the budget
Accordingly, we have drafted two budget estimates for your review-one driven by
interview voice-over; the other, with talent and voice-over narration.
.L "'"6.... ~ ~
.L....... ....,...............
We pledge, of course, to craft this documentary aCCOi'ding to the wishes of the City of
Aspen. We would be happy to explain the pros and cons of different styIlstIc and
narrative approaches to help the CIty make the most informed and best possible
choices for this particular project.
Phase Two will focus on the production of origInal content for the documentary. A four-
person crew (DIrector, Director of Photography, Sound Recordist and FI8ld Producer)
wllllnitlaily drive from Denver to Aspen for five days Ontervlews only) or six days
Ontervlews and on-camera host) to capture all interview and/or talent footage. B-roll
footege (hIstoric structures, scenic shots, City life, ate...) will be captured on an
ongoing basis. At the moment, we envision three days of B-roIl footage to captUre the
leeves changing around Aspen, and another three days during wintertime. We are open
to producing additional B-roll footage during the Spring-only If that option doesn't
create undue delay In the delivery of the finished documentary (or unnecessary budget
add-ons) for the CIty of Aspen. We strongly believe that a minimum of six fUll B-roll
shooting days will be requIred to visUally sustain a piece of 30 to 40 minutes In length,
compel our viewers, and avoid eny B-roll redundancy.
The entire post production process (Phase Three) will be monitored by the Director,
who will act as Post Supervisor to ensure that the stylistic and narrative goals of the
CIty of Aspen are met and exceeded. Rough and Intermediate cuts of the documentary
(with window bum) will be posted on our FTP site for the CIty of Aspen's review, and
feedback conference calls or meetings will be scheduled as needed. During this period,
the Director will work closely with the City of Aspen, incorporating their comments and
requests to refine the documentary until complete satisfaction has been met. The
Clneme Vertlge team win be available to the CIty of Aspen for all post production
consultation and needs at all times.
Cinema Vertlge will cleIiver one mlni-OV master copy, one OVD mester, and ten copies
of the completed documentary burned to OVD, along with all the raw footage shot
during the production period. We will also return all scanned and reproduced media
from the CIty's archives upon final cleIivery.
We are confident thet our proposed and previously demonstrated approach is both
realistic and efficient, ensuring completion and delivery of all vldeo segments imd media
no later than four to six months from the date of the project's Inlllatlon.
Page 12
PSl-971.doc
EXHIBIT "Boo to Professional Services Agreement
Rate Schedule
BUDGET OPTION #1 -INTERVIEWS ONLY (our recommendation)
..<,",<>8EfWiCE '... .....,.....'..,..", UNITPIUCE > , OF.UNITS . TOTAL
Dlrector(ora-oroductlonl ~OO / day 2 $800
Producer (ore::Droductionl . !l.'VlO / day 2 ~
Business UCense Fee for City $150 One-time fee $150
ofAosen
Director Irvnductlonl $700/ day 11 $7 700
Producer leroductlonl $400 / dav 5 $2000
Director of Pho hy $600 / day 5 $3000
Sound Recordlst $400 / dav 5 $2000
Camera ~ (Sony V1U, $150/day 11 $1,650
trI00d. mani
Audio $60 I dav 5 $300
Am Uaht Kit $75/ day 4 $300
Lodaina $1051 nlOOt 23 $2 415
Gas $0.31 mile 1,908 $572.40
Per Diem $40 / day 30 $1.200
Music licenslna $1,680 One-time fee $1 680
SO tape stock (Sony DVM- $2.00 I tape 40 $80
60PRll
Insurance (professional $4,000 One-time fee $4,000
liabiliM
Post-Production Supervision $400 I day 10 $4,000
(by director!
Post-Production Dlaltizlna $551 hour 40 $2200
Post-Production Comoositlna $85/ hour 6 $510
Post-Production Photoshol> $551 hour 6 $330
Post-Production Edltlna $85/ hour 40 $3400
Post-Production Color $851 jour 6 $510
Correctlna
Post-Production Encodina $35/ hour 2 $70
Post-Production Sound Mix $70/ hour 8 $560
TOTAL $40027.40
PSl-971.doc
Page \3
J:C
MEMORANDUM
TO:
Mayor and City Council
Ben Gagnon, Special Projects Planner 15 C--
Chris Bendon, Director Community Development ~
OctlltJllr I~, 2997 ~I>>r z.<I,'roO':!-
OetutJer 22..~1l07 ~ ~,'ZW"l-
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
'5u.....t
Extension of SCI Moratorium
~ Reading of Ordinance N rit7, Series 2007
Second Reading scheduled for October 29, 2007
RE:
REQUEST OF COUNCIL: A six-month extension of the "SCI Moratorium"
moratorium adopted under Ordinance No. 19, Series of 2006, as amended.
BACKGROUND: Ordinance No. 19, Series of 2006, established a temporary
moratorium on the acceptance of land use applications in various Zone Districts, and was
adopted on April 24, 2006, with an original termination date of October 31, 2006. On
September 25,2006, this moratorium was extended until February 28, 2007. On February
28,2007, this moratorium was extended until May 31, 2007. On May 29, 2007, this
moratorium was terminated, with the exception of all properties within the Service
Commercial Industrial (SCI) Zone District.
DISCUSSION: Dating back to 2006, staff has held work sessions with the Plarming and
Zoning Commission and City Council, and has conducted and presented the results of
extensive research into the history and trends within the SCI Zone District. More
recently, staff has held informal meetings with more than a dozen business owners in the
SCI Zone District located on either side ofN. Mill Street.
Council has requested an overview of the Obermeyer Place development, with regard to
the performance of that project in relation to the SCI users there. Staff is in the process of
conducting that overview, and scheduling an informal meeting with SCI business owners
at Obermeyer Place.
Staff's intention is to draft potential code amendments and schedule public hearings with
P&Z in December, and with Council in January.
As a general matter, the question of code amendments for the SCI Zone District has taken
an extended period of time due to the fundamentally different characteristics of the
separate and distinct properties within this Zone District, including Obermeyer Place, the
"Puppy Smith" property on N. Mill and the "riverside" property on N. Mill. Other factors
have included the inherent complexity of the permitted and conditional uses within this
unique zone district, and various other pressing priorities.
RECOMMENDED ACTION: Staff recommends that Council extend the moratorium
established by Ordinance No. 19, Series of 2006, as amended, by six months to May 30,
2008.
PROPOSED MOTION: "I move to approve Ordinance NO.'tJ. Series of 2007." Wj'IelT--
..fir3t RllGding.
CITY MANAGER COMMENTS:
ORDINANCE NO~
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED
PURSUANT TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS
AMENDED PURSUANT TO ORDINANCE NO. 23, SERIES OF 2006, AND AS
AMENDED BY ORDINANCE NUMBER 38, SERIES OF 2006, AND AS AMENDED
BY ORDINANCE NUMBER 3, SERIES OF 2007, AND AS AMENDED BY
ORDINANCE NUMBER 20, SERIES OF 2007.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created,
established, organized and existing municipal corporation under the provisions of Article
XX of the Constitution of the State of Colorado and the home rule charter of the City (the
"Charter"); and
WHEREAS, the City of Aspen currently regulates land uses within the City limits
in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its
Home Rule Constitutional authority and the Local Government Land Use Control Enabling
Act of 1974, as amended, 9929-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 19, Series of 2006, as amended pursuant to
Ordinance Number 23, Series of 2006, and as amended by Ordinance Number 38, Series of
2006, and as amended by Ordinance Number 3, Series of 2007; and as amended by
Ordinance Number 20, Series of2007; and
WHEREAS, Section 2 of Ordinance Number 20, Series of 2007, extended the
termination date of the moratorium adopted in Ordinance 19, Series of 2006, only for
properties located in the Service Commercial Industrial (SCI) Zone District, to terminate on
November 30, 2007; and
WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allows for the
termination date of the moratorium to be extended by City Council through the adoption of
an ordinance; and,
WHEREAS, the City Council reaffirms the reasons for implementing the
moratorium, specifically that recent land use applications seeking Development Orders in
various City Zone Districts do not appear to be consistent with the goals and vision as
expressed by the 2000 Aspen Area Community Plan and are having the following negative
effects upon the community:
. Recent development activity indicates potential negative impacts on the
unique character of the commercial uses of buildings and structures within
the City of Aspen; and,
Ordinance No. 26,
Series 2007
Page 1
_ 'N_........._,__._~.,_
. Recent development activity indicates that locally serving businesses are
being negatively impacted, thereby losing an essential character of the City's
commercial economy.
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to review all existing land use codes and
regulations as they affect land use development in the SCI Zone District within the City of
Aspen to ensure that all land use development proceeds in a manner that is consistent with
the Aspen Area Community Plan; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to conduct a thorough analysis and assessment
of the Land Use Code and regulations affecting the development of land within the SCI
Zone District of the City of Aspen with particular attention to the long-term provision of an
adequate number oflocally-serving businesses; and
WHEREAS, the City Council .ind the Community Development Department
require an additional period of time in which to investigate methods and procedures to
insure the long-term health of locally-serving businesses; and,
WHEREAS, an extension of the moratorium termination date will enable a
reasoned discussion of the desired character and rate of development and redevelopment and
consideration of amendments to the Land Use Code without creating a rush of development
applications and the related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1- Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of
Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23,
Series of 2006, and as amended by Ordinance Number 38, Series of 2006, and as amended
by Ordinance Number 3, Series of 2007; and as amended by Ordinance Number 20, Series
of2007, is hereby extended to terminate on May 30, 2008.
Section 2 - Chanl!es to Moratorium:
Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23,
Series of 2006, and as amended by Ordinance Number 38, Series of 2006, and as amended
by Ordinance Number 3, Series of 2007, and as amended by Ordinance Number 20, Series
of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be
construed to alter the substantive content of the above cited Ordinances, except as follows:
.. The termination date shall be extended as described in Section 1, above.
Section 3:
Ordinance No. 26,
Series 2007
Page 2
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5:
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 29th day of October, 2007, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of October, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this _ day of
,2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
Approved as to form:
John Worcester, City Attorney
Ordinance No. 26,
Series 2007
Page 3