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HomeMy WebLinkAboutresolution.council.091-07Jan 21 08 12:06p LIGHTHOUSE WRITERS Addendum #1 3032929425 p.2 Agreement for Professional Services between the City of Aspen and Cinema Vertige, LLC as approved by the Aspen City Council on October 29, 2007. The original Scope of Work (Exhibit A) shall now also include the following: Cinema Vertigo shall edit approximately 10 tapes of "B-Roll Footage' of historic landmark sites, and structures that may become eligible for historic landmazk status in the City of Aspen into a coherent progression of shots, organized roughly by era and season when the footage was shot. The product will be approximately 80 minutes in length. The City's intent is to use this footage for any number of purposes, including future City video programs, public education, as well as a record for future generations. The work will include color correction. (Total for this work is $7,200) Cinema Vertige shall utilize HD tape stock, and perform functions necessary to upgrade the documentary product to HD in the future. (Total for this work is $x,328.59) The Rate Schedule (Exhibit B) shall be increased by $12,52859 for a total not to exceed $52,555.99. PROFESSIONAL: Cinema V e LLC ,~ :; B i i Title: Creative Director// ,, Date: ~ / 2 I / V WTINESSED BY: RESOLUTION # ~ , (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 1 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 of the City of Aspen. Dated ~ z~ -~ C~` Michael C. Ireland, ayor 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~~~v ~~'~' `" Z~ 7~,~ K n S. Koch, City Clerk 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 perform 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 shah 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 caze 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 perforned. The City shall review such invoices and, if they aze 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. Professiona[ 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 pay or 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 unfinished documents, data, studies, surveys, PS1-971.doc Page 1 drawings, maps, models, photographs, reports or other material prepazed 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 s/he 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 s/he 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 awazd or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained m 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 aze 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, aze 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 shalt assume full responsibility for payment of al] 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 agt~eed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, inswers, and self-inswance 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 aze 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 pazt 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, ar 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 reimbwse 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, ]oss, or PS 1-97Ldoc Page 2 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 claims- made policy, the necessary retroactive dates and extended reporhing periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obliga4ons 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 qualified self-insured status may be substituted for the Workers' Compensation requirements of this pazagraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MII.,LION DOLLARS ($1,000,000.00) each occurrence and ONE MII.LION DOLLARS ($1,000,000.00) aggegate. 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 MII,LION DOLLARS ($1,000,000.00) each occurrence and ONE MII.LION DOLLARS ($1,OOQ00- 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 Professionai 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. PS 1-9'71.doc Page 3 (iv) Professional Liability insurance with the minimum limits of ONE MII..LION DOLLARS ($1,000,000) each claim and ONE MII,LION DOLLARS ($1,000,000) aggregate. (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 assur- 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 Ciry 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 Ciry is retying 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 Irnmuniry 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. Ciry'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 C1RSA Property/Casualty Pool. Copies of the CIItSA policies and manual aze kept at the City of Aspen Finance Department and aze 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. PS1-971.doc Page 4 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 personsand/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 Professional: Alexandre Philince Cinema Vertige, LLC 530 East 20"' 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 emp]oyment of persons to perform services under this contract. Professional agees 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, wvenant, 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 thew 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. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. se. 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 PSI-971.doc Page 5 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 aze 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 fiunishing 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 requved 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 aze 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 aze 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 PSI-97[.doc Page 6 shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is eazlier. 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 procedwes 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 pwsuant 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 Depamnent of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pwsuant 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 dudes unposed 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 sweazs 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. PS1-971.doc page 7 17. General Temvs. (a) 1t 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 unpair 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] PSI-971.doc Page 8 ATTESTED BY: WITNESSED BY: CTTYO/~F//JASPE/N, COLORADO: By: _~i~~ ~y~ ~ C ~ ~~~ Title: (../~~ //l~j~/,~[~C',C Date: // ~ L7 ^_ yH~ESSH Pu1~1 pPF By: Title: Date: PROFESSIONAL: GivF~~l v(.,~7i GF ~~C PS1-971.doc Page 9 EXHIBTT "A" to Professional Services Agreement Scope of Work •[Plsaas note that these are terrtatlve dates, pending approval from the Cily of ~wn~7 PHASE ONE PRE-PRODUCTION (MW-September to mid-October 2007)• • Initlel meeting wtth City of Aspen's Community Development Department • Specify goals and benchmarks • Sign off on producibn schedule to ensure delivery of finished tlocumentary antl alt related media no later than 4 to B months from project Initfaflon • Discuss the documentary's overall story arc, chapters, etc... • Discuss appropriate styles and pacing • Select talent for volts-over narradom(ff needed) • tdentHy interview subjects, and draft Interview queaflons • Scope iocatlons for Interviews and B-roll footage - • Review all existing footage and historic photographs from the Ctty of Aspen's cdlection Pisses note that we anflclpate to drive to Aspen to shoot some B-roit footage during our pre-protluctlon period, as soon as the leaves start changing cobr. PHASE TWO: PRODUCTION (Ongong, mid-October 2007 through mid-December 200i-' • interviews {4-5 days) On-camera host (1 day, if needed) • Voice-over studb work (1 /2 day, ff nestled) • B-roll (6 days) [Possible eddiUonal Spring B-rotl shooting through late March (H tleerrled necessary by me CFty of Aspeh>.) PHASE THREE: POET PRODUCTION (Ongoing, mitl-November 2007 through late Jernraty 200H)' • Early December: first rough cut Of documentary (w/o musk: or graphics); feedback from the City of Aspen • Early January: second cut of documentary (with music antl graphics); post productbn sound work begins; feedback from the City of Aspen • late January: final cut of documentary, and delivery of finished metlia late January 2008: Delivery of final versbn of documentary and all related media and dubs to the City of Aspen, Post producaon estimated dates are based on prompt feedback from the City of Aspen. Please note that dates are subject to change In the event of additional Springtime B-roll shooting. PSI-971.doc Page 10 s= ~, E' 'r» Gx x :.'~ %`a /'"x ` @ ~~ N .5 515 C ^, .~, r.,~; Upon signature of the contract, Cinema Vertigo wiN immediately begin the lnkial pre- production process (Phase One), during which the Director and Produces will work in dose collaboration wkh the City of Aspen. It is our intent to meet with the Gty of Aspert's Communky Development Department to establish appropriate communication/feedt>ack procedures throughout the process, provide creative solutions to determine the most appropriate styltstic and technical approach, and agree on a course of action best suited to deliver a documentary flim that will accomplish the obJecttves of tfie Cily of Aspen. During this initial pre-production meeting, the Gty of.Aspen and Gnema Vertigo will; • review the project • specify goats and benchmarks • agree on an appropriate production schedule to ensure delivery of the documentary and all related media within 4-6 months of protect inklation • define the appropriate dir~tion for the protect • discuss the documentary's overall story arc • determine proper chapter/sequencing structure • identify interview subJects • discuss the style and Pacing of the documentary • define how the programs wilt most effectfvety appeal to their target audience • collect existing footage and historic photographs selected by the Gty of Aspen for possible tncluskm in the documentary • scope historical atructurea and locations for interviews During Phase One, Gnema Vertigo wilt also: • select talent for voice-over narration (see below for an aitemate 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 City of Aspen describes the project as driven by voice-over narration and an on-camera host, and we would Hke 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 vole-over n~ration, we believe that the technique of using interview samd bites as voice-over fs often a nave powerful, less didactic way to engage the viewer. Wa have enclosed two copies of WRITTEN IN WATER, a 26-minute ftlm we produced for the Gty of Greeley, as an example of this particular 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 Nne kerns for latent and voice-over studio and recording would be removed from the budget. Accordingty, we have drafted two budget estimates for yourreview-one driven by interview voice-over; the other, wkh latent artd voice-aver nanration. ..e„ .. We pledge, of course, to craft this documentary according to the wishes of the City of Aspen. We would be happy to explain the pros and cans of different styNatlc and narrative approaches to hey the Cky make the most informed and best possible chokers for this particular project. Phase Two vriN focus on the production of arigfnal content for the documentary. Afour- person txew (Director, Director of Photography, Sound Recordist and Field Producer) will inttiaily drive from Denver to Aspen for five days jintenriewe only) or six days (interviews and on-camera host) to capture ail interview and/or talent footage. B-roN footage (historic structures, scenic shots. City life, etc...) wNl be captured on an ongoing basis. At the moment, we envision three days of B-roll footage to capture the kiav~ changing around Aspen, and another three days during wintertime. We are open to producing additions( B-rolt tootage during the Spring-only if that option doesn't create undue delay in the delivery of the finished documentary (or unnecessary budget add-one) for the City of Aspen. We strongly. believe that a minimum of six fuN B-rdl shooting days will be requhed to visually sustain a piece of 30 to 40 minutes in length, compel our viewers, and avoid any Broil redundancy. The entire post production process (Phase Three) wNl 6e monitored by the Directs, who wilt act as Post Supervisor to ensure that the stylistic and narrative goals of She City of Aspen are met and exceeded. Rough and intermediate cuts of the documentary (wfth window bum) wNi be posted on our F!P site for the Chy of Aspen's review, and feedback confer~ce calls or meetings will be scheduled as needed. During this period, the Director wi0 Work ck>sely With the City of Aspen, incorporating Zhefr comments and requests to refine the documentary until complete satisfaction has been met. The Cinema Vertigo team will be available to the City of Aspen for alt post production consultation and needs at aN tirrres. Cinema Vertigo will deliver one mini-DV master copy, one DVD master, and ten copies of the completed documentary burned to DVD, along with ail the raw footage shot during the production period. We wilt also return all scanned and reproduced media from the City's arohives upon final delivery. We are confident that our proposed and previously demonstrated approach is both reaNatic and efficient, ensuring completion erld delivery of all video segments and media no later than four to six months from the date of the project's initiation. PS1-971.doc Page 12 EXHIBIT "B" to Professional Services Agreement Rate Schedule BtJDQET OPTION •1 -INTERVIEWS ONLY (our recommendation) SERVICE UNIT PRIDE ! OF` UNITS ' : -TOTAL Director uctbn $400 / da 2 $800 Producer e- uctfon 0 / d 2 Business License Fee for City of en $150 One-time fee $150 Director ucHon $700 / da 11 $T 700 Producer oductkm $400 / da 5 $2 000 Director of Pho h $600 / d 5 $3 000 Sound Recordist $400 / 5 $2,000 Camera package (Sony V1U, M monito $150 /day 41 $1,660 Audio $60 / d fi $300 AM ht Kit $75 / da 4 $300 Lod in $105 / of t 23 $2 415 Gas $0.3 !mile 1,908 $572.40 Per Diem $40 / da 30 $1 00 Music ticens' $1,680 One-time fee $1880 SD tape stock (Sony DVM- BOPR $2.00 /tape 40 $80 Insurance (protessionai Habit $4,000 One-time fee $4,D00 Post-Production Supervision directo $400 /day 10 $4,000 Post-Production DI itizt $55 I hour 40 $2 200 Post-Production Co osiU $8b /hour 6 $510 Post-Production Photosho $56 /hour S $330 Post-Production Edltin $85 f hour 40 $3400 Post-Production Color Correctin $85 /jour s $510 Post-Production Encodi $35 /hour 2 $70 Poet-Production Sound Mfx $70 /hour 8 $560 70TAL $40 027.40 PSI-97Ldoc Page 13