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HomeMy WebLinkAboutagenda.council.regular.20071029 . 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 . / 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, - PSl.971.doc Page 1 r 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 - PSl-971.doc 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 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. - PSl-971.doc Page 3 (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. - PSl-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 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 - PSl-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 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 - PSl-971.doc Page 6 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. - PSl-971.doc Page 7 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) - PSl-971.doc Page 8 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 - PSI-97l.doc Page 9 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 Page 10 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