City of Culver City, California
Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends that the Agency authorize an amendment to the contract with
Emerging Creation Productions for Production and Editing Services related to The
Art of… Speaker’s Series.
BACKGROUND
Since 2004, The Art of Speakers Series has provided a high quality program and
cultural experience for Westside residents that promote local entrepreneurs, artists
and economic development in Culver City in an interactive live speaker’s event. To
date, 23 programs have been presented for more than 2,200 individuals. More than
60% of the events have reached maximum capacity and have required a waiting list
for attendance. Speakers have included Tim Robbins, Gordon Davidson, Alex
Chadwick, Dean Factor, Ron Lynch, Ben Ford, Debbie Allen, and Steven Ehrlich.
Each event has been videotaped for future production consideration in editing and
broadcasting.
This effort sought to memorialize the event and allow for greater exposure and
economic development promotion for the City while also building programming for
the City’s cable channel. The intent was to distribute on the city channel, the City
website, local cable programming, area hotels and sharing agreements with other
cities in the vicinity. To this end. the Agency entered into an administratively
approved contract with Emerging Creation Productions to review, format and edit a
selection of these presentations. Over the last year, significant work has been
completed to meet local broadcast guidelines, develop the opening sequence and
closing credits, create graphics, write interview scripts and produce/film interviews.
Meeting Date: 02/05/07 Item Number: C5
AGENDA ITEM: Authorization to Amend the Agreement with Emerging Creation
Productions for Production and Editing Services related to The Art of…Speaker
Series.
Contact Person/Dept.:
Elaine Gerety Warner
Phone Number: 310.253.5777
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: City Master Notification List (01/31/07)
Department Approval:
Todd Tipton (01/12/07)
Executive Director Approval:
Jerry Fulwood
City Controller Approval:
Marlee ChangCity of Culver City, California
Redevelopment Agency Agenda Item Report
DISCUSSION:
Emerging Creation Productions offers professional production, editing and graphics
services, and has worked on such programs as “Day & Date” (CBS), “Access
Hollywood” (NBC), “Travel Daily” (Travel Channel/Discovery Communications),
“Shabby Chic” (Style Channel/E! Entertainment), as well as special projects at
Universal Studios. They have been an extremely responsive, creative and flexible
contractor and have assisted staff in the oversight, development and format of
these productions from the inception of the project. In addition, they have reduced
their standard costs for the Agency as a measure of their interest in the program
and desire to bring innovative community programming to Culver City and beyond.
To verify reasonable compensation, staff has spoken with other editing and post
production companies to determine standard “industry” costs related to the scope of
this project. Prices for such services range from $1,800 to $10,000 dollars for
completed units, scope/hours varying (Exhibit D). While some companies offer full
service elements such as filming, others provide post productions services such as
graphics and distribution. In evaluating this information, staff has verified that
Emerging Creations proposal includes all components desired for this project at a
competitive post production rate of $2,200. Their comprehensive services also
include on-site production/film supervision, sit down interview and script
development for $660 per unit, depending upon need. The amendment to the
original contract seeks to increase the amount of broadcast quality DVD’s from the
initial 4 already completed up to 12, producing both previously filmed and future
events.
FISCAL ANALYSIS:
The proposed Emerging Creation Productions amendment would increase the total
contract to $29,600, with the not-to-exceed amendment of $20,000 added to the
original contact of $9,600. Funds for this project have been budgeted in Program
55094440.619800 (Redevelopment – Speaker Series).
ATTACHMENTS:
Exhibit A – Emerging Creation Production Contract
Exhibit B – Amendment with Emerging Creation Productions
Exhibit C – Emerging Creation Rate Card
Exhibit D – Matrix of General Post Production Cost SchedulesCity of Culver City, California
Redevelopment Agency Agenda Item Report
MOTION:
That the Redevelopment Agency:
Approve an amendment of $20,000 to the Agreement with Emerging Creation
Productions, for a total not-to exceed contract amount of $29,600, for the production
of eight (8) additional DVD’s of broadcast quality for the Art of Speaker’s Series.
City of Culver City, California
Redevelopment Agency Agenda Item Report
MEETING DATE: 2/05/07
AGENDA ITEM: Authorization to Amend the Agreement with Emerging
Creation Productions for Production and Editing Services
related to The Art of .Speaker Series.
ATTACHMENTS
Pages
Exhibit A — Emerging Creation Production Original Contract 1-8
Exhibit B — Amendment with Emerging Creation Productions 9-10
Exhibit C — Emerging Creation Rate Card 11
Exhibit D — Matrix of General Post Production Cost Schedules 12Contract No. RA05-31
CULVER CITY REDEVELOPMENT AGENCY
STANDARD FORM CONTRACT
WITH: EMERGING CREATION PRODUCTIONS, LLC
FOR: Post Production Editing Services for the Art of... Speaker Series.
THIS AGREEMENT is made and entered into by and between the
CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate and
politic, hereinafter referred to as "Agency," and Emerging Creation Productions,
LLC, a California limited liability company, hereinafter referred to as "Contractor."
I. CONTRACTOR'S SERVICES. Contractor agrees to perform during the
term of this Agreement, the tasks, obligations, and services set forth in the
"Scope of Service" attached to and incorporated into this Agreement as
Exhibit "A."
2. TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Paragraph 27 of this Agreement and shall end
upon satisfactory completion of the Scope of Services.
3. PAYMENT FOR SERVICES. Agency shall pay for the services performed
by Contractor pursuant to the terms of this Agreement, the compensation
set forth in the "Schedule of Compensation" attached to and incorporated
into this Agreement as Exhibit "B." The compensation shall be paid at the
time and manner set forth in said Exhibit "B."
4. Intentionally omitted.
5. DESIGNATED REPRESENTATIVE(S)
Maria-Elena Pineda shall be the designated Contractor Representative,
and shall be responsible for job performance, negotiations, contractual
matters, and coordination with the Agency. Contractor's professional
services shall be actually performed by, or shall be immediately
supervised by, the Contractor Representative.
6. HOLD HARMLESS. Contractor shall be responsible for any and all
injuries to or death of any person, and for any and all damage to any and
all real or personal property including Agency's or others, caused by or
resulting from any acts, errors or omission of Contractor, its employees or
its agents arising out of or connected with rendition of services hereunder.
Contractor shall defend, hold harmless and indemnify Agency, the City of
Culver City and each of their officers and employees from any and all
Page 1liability claims, including costs, for damages to real or personal property,
or personal injury or death, resulting from Contractor's, its employees or
agent's acts, errors or omissions arising out of or connected with rendition
of services hereunder.
7. Intentionally omitted.
8. INDEPENDENT CONTRACTOR STATUS. Agency and Contractor agree
Contractor, in performing the services herein specified, shall act as an
independent Contractor and shall have control of all work and the manner
in which it is performed. Contractor shall be free to contract for similar
service to be performed for other employers while under contract with
Agency. Contractor is not an agent or employee of Agency, and is not
entitled to participate in any pension plan, insurance, 'bonus or similar
benefits Agency provides for its employees. Contractor shall be
responsible to pay and hold Agency harmless from any and all payroll and
other taxes and interest thereon and penalties therefor which may
become due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payments due and payable to
Contractor for current services are within the current budget and within an
available, unexhausted and unencumbered appropriation of the Agency.
In the event the Agency has not appropriated sufficient funds for payment
of Contractor services beyond the current fiscal year, this Agreement shall
cover only those costs incurred up to the conclusion of the current fiscal
year.
10. ASSIGNMENT. This Agreement is for the specific services with
Contractor as set forth herein. Any attempt by Contractor to assign the
benefits or burdens of this Agreement without written approval of Agency
shall be prohibited and shall be null and void; except that Contractor may
assign payments due under this Agreement to a financial institution.
Agency may assign its rights and obligations under this Agreement to the
City of Culver City.
11. RECORDS AND INSPECTIONS. Contractor shall maintain full and
accurate records with respect to all services and matters covered under
this Agreement. Agency shall have free access at all reasonable times to
such records, and the right to examine and audit the same and to make
transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Contractor shall maintain an up-to-date list of
key personnel and telephone numbers for emergency contact after normal
business hours.
12. OWNERSHIP OF CONTRACTOR'S WORK PRODUCT. Agency shall be
the owner of any and all computations, plans, correspondence and/or
other pertinent data, information, documents and computer media,
including disks and other materials gathered or prepared by Contractor in
Page 2performance of this Agreement, or at any earlier or later time when the
same may be requested by Agency. Such work product shall be
transmitted to Agency within ten (10) days after a written request therefor.
Contractor may retain copies of such products. Al! written documents that
are intended for public review shall be provided to Agency in a format
suitable for posting on the Internet.
13. NOTICES. All notices given or required to be given pursuant to this
Agreement shall be in writing and may be given by personal delivery or by
mail. Notice sent by mail shall be addressed as follows:
To Agency:
To Contractor:
Culver City Redevelopment Agency
Attention: Elaine Gerety
9770 Culver Blvd.
Culver City, California 90232-0507
Emerging Creation Productions, fil•Q
Attn: Maria-Elena Pineda
1440 Veteran Avenue, #559
Los Angeles, California 90024
14. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide
Agency with a complete Request for Taxpayer Identification Number and
Certification, Form W-9, as issued by the Internal Revenue Service.
15. PERMITS AND LICENSES. Contractor, at its sole expense, shall obtain
and maintain during the term of this Agreement, all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including, but not limited
to, a Culver City business tax certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Contractor shall
perform all work in accordance with all applicable laws, codes and
regulations required by all authorities having jurisdiction over such work.
Contractor agrees to comply with prevailing wage requirements as
specified in the California Labor Code, Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Contractor agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the
intent to make purchases from these businesses if such purchases can be
made at competitive prices.
18. RIGHT TO UTILIZE OTHERS. Agency reserves the right to utilize others
to perform work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be
modified, nor may any of the terms, provisions or conditions be modified
Page 3or waived or otherwise affected, except by a written amendment signed by
all parties hereto.
20. WAIVER_ If at any time one party shall waive any term, provision or
condition of this Agreement, either before or after any breach thereof, no
party shall thereafter be deemed to have consented to any future failure of
full performance hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Contractor shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. Agency may terminate this Agreement at any
time, with or without cause, in its sole discretion, with thirty (30) days
written notice.
23. EFFECT OF TERMINATION_ Upon termination as stated in Paragraph
22 of this Agreement, Agency shall be liable to Contractor only for work
performed by Contractor up to and including the date of termination of this
Agreement, unless the termination is for cause, in which event Contractor
need be compensated only to the extent required by law_ Contractor shall
be entitled to payment for work satisfactorily completed to date, based on
a proration of the monthly fees set forth in Exhibit "B" attached hereto.
Such payment will be subject to Agency's receipt of a close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California. If litigation occurs out of
this Agreement, then venue shall be in the Superior Court of Los Angeles
County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then the court shall award costs and expenses,
including attorney's fees, to the prevailing party. In awarding attorney's
fees, the court shall not be bound by any court fee schedule but shall
award the full amount of costs, expenses and attorney's fees paid or
incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire
Agreement between Agency and the Contractor, and all preliminary
negotiations and agreements are deemed a part of this Agreement. No
verbal agreement or implied covenant shall be held to vary the provisions
of this Agreement. This Agreement shall bind and inure to the benefit of
the parties to this Agreement, and any subsequent successors and
assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is the date a
Notice to Proceed is received by Contractor, and shall remain in full force
and effect until amended or terminated.
Page 4Susan Evan
Assistant Executive Director
a
By/141
Dated: D.er 3 , X(25
Dated: 0,A4
(t7c
EMERGING CREATION PRODUCTIONS,
LLC
By 1,AA
7 .--) (-
Maria-Elena Pine
CULVER CITY REDEVELOPMENT AGENCY
Its
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
Murray K ne
Agency General Counsel
Page 5EXHIBIT A
CULVER CITY REDEVELOPMENT AGENCY
WITH: EMERGING CREATION PRODUCTIONS, LLC
FOR: Post Production Editing Services for the Art of... Speaker Series"
SCOPE OF SERVICE
Contractor shall provide post-production and editing services for the Culver City
Speaker Series. Contractor shall perform the following services:
1. Professionally produce and edit official Art of... speakers events filmed at
various Culver City locations as designated by Agency's Assistant
Executive Director or her/his designee. Each piece should be
approximately thirty (30) minutes in length.
2. Incorporate approved graphics and titles for each presentation_
3. Arrange and incorporate approved music tracks throughout all pieces.
4. Supervise and script new portions for enhancement of existing videos to
include interiors, exteriors and interviews. Oversee cameraman to
achieve appropriate angles and ensure lighting and sound are at optimal
levels at date and time of shoots.
5. Work with Agency to develop a montage of images to create for the
opening and closing sequences for this program.
6. Work with Agency's Assistant Executive Director or her/his designee to
secure broadcast opportunities throughout Southern California.
FILENAME: EMERGING CREATION PROIXICTIONS EXHIBIT A2 PRINTED ON RECYCLED PAPERM na Elena Pineda
Emerging Creation Productions
7. Agency and Contractor agree that the contracted services are in the
nature of technical services and shall be considered not be considered
artwork.
Susan t Et s
Assistant Executive Director
PILE NAME: EMERGING CREATION PRODUCTIONS EXIIIINT A2 PRINTED ON RECYCLED PAPERI4iria Elena Pineda
Emerging Creation Productions
Susan Evan
Assistant Executive Director
EXHIBIT B
CULVER CITY REDEVELOPMENT AGENCY AGREEMENT
WITH: Emerging Creation Productions
FOR: Post Production Editing Services for the Art of... Speaker Series
SCHEDULE OF COMPENSATION
(Fixed Cost Basis)
1. AMOUNT OF COMPENSATION. For performing and satisfactorily
completing all work and services described in Exhibit A, and for providing
all materials required thereof, Agency shall pay Contractor a fee not to
exceed a total amount of Nine Thousand Six Hundred Dollars ($9,600.00).
The above amount shall include all out-of-pocket expenses incurred by
Contractor in the performance of such services.
2. BILLING. Once Contractor's services for the each Speaker Series event
has been satisfactorily completed, Contractor shall submit an invoice to
the Agency at the following address:
Culver City Redevelopment Agency
Attn: Elaine Gerety
9770 Culver Blvd.
Culver City, California 90232-0507.
3. METHOD OF PAYMENT. Payment to Contractor for the compensation
specified in Paragraphs 1 and 2 above shall be made within thirty (30)
days after the services have been satisfactorily completed for each event,
as determined by Agency's Assistant Executive Director, receipt of the
invoice described in Paragraph 2, above, and through Agency's normal
treasurer disbursement process.
PAGE I OF
FILE NAME: EMERGING CREATION PRODUCTION EXHIBIT 02 PRINTED ON RECYCLED PAPERFIRST AMENDMENT OF AGREEMENT NO. RA 05-31
BETWEEN THE CULVER CITY REDEVELOPMENT AGENCY
AND
EMERGING CREATION PRODUCTIONS, LLC
FOR
Post Production Editing Services for the Art of... Speaker Series.
This FIRST AMENDMENT is made and entered into by and between the CULVER CITY
REDEVELOPMENT AGENCY, hereinafter referred to as "Agency", and Emerging
Creation Productions, hereinafter referred to as "Contractor".
WHEREAS, on December 14, 2005, Contractor and Agency entered into
Agreement No. RA 05-31, approved administratively, for post production services, not to
exceed a contract maximum of $9,600 (the "Agreement");
WHEREAS, the Agency and Contractor desire to amend the Agreement to
modify the "Schedule of Compensation", attached as Exhibit B to the Agreement, to
increase the maximum not to exceed amount by $20,000; so as to allow a larger quantity
of work product.
NOW, THEREFORE, Agency and Contractor hereby agree to amend the Agreement as
follows:
1. Exhibit "B", Paragraph 1 (Maximum Compensation) is amended to read: "Not
withstanding the foregoing, the CONTRACTOR shall complete the work and
tasks described in Exhibit A for a total amount not to exceed $29,600, which
includes all out-of-pocket expenses.
2. Exhibit "A" (Scope of Services) is amended by adding the following:
CONTRACTOR shall expand the amount of services to be performed to include
the development of twelve (12) fully edited DVD's for broadcast on the City and
local cable access channels.
(intentionally left blank)3. Except as expressly set forth herein, all terms and conditions of the Agreement
shall remain in full force and effect.
4. The effective date of this amendment is the date it is signed on behalf of the
Agency.
EMERGING CREATION PRODUCTIONS
BY : .4,/z.f,,vIA,-‘)—p—pee."_6,-.1)
Dated: CULVER CITY REDEVELOPMENT AGENCY
By:
Jerry Fulwood
Executive Director
APPROVED AS TO FORM:
KANE, IBALLMER & BERKMAN
Murray Kane, Agency General Counsel
By: -)=AS ANGELES, 2NERGINGCREATIOMAOL.CC
3 - 9O5• -7-:_emergingcreation
tMERGING CREATION PRODUCTIONS
2007 PRODUCTION RATE CARD FOR CULVER CITY
PRODUCTION
SPEAKER PRESENTATION SHOOT (PRODUCER)
-5 HOURS OR LESS
FIELD SHOOT (INTERVIEWS /B-ROLL) (PRODUCER)
-4 HOURS OR LESS
$275.00
$385.00
POST-PRODUCTION
POST-PRODUCTION (ONE 28:30 EPISODE/FOR BROADCAST) $2200.00
- PRODUCER
- EDITOR
- DELIVERY:1 DVD COPY OF EPISODE
POST-PRODUCTION (NON-BROADCAST)
$ 700.00
- MAIN CAMERA OF PRESENTATION
- DELIVERY:1 DVD COPY OF EPISODE
GRAPHICS (END CREDITS) $50.00
- PER BROADCAST/ NON-BROADCAST EPISODE
MISCELLANEOUS SERVICES
JEWEL CASE/DVD LABEL DESIGNS (PER EPISODE)
DVD COPY OF EPISODE
DVD COPY OF RAW FOOTAGE (PER MiniDV TAPE)
ANIMATED GRAPHICS DESIGNER (PER HOUR)
MEDIA KIT (INCLUDES DVD SCREENER)
$105.00
$45.00
$45.00
$45.00
$50.00Exhibit ID
Post Production General Cost Schedules
Vendor Post Production Package (for 8 units) Additional Services
Emerging Creation Productions ,$18,000 (includes editor and producer for 24 hour edit Offers on-site supervision of filming, work with editor on
Also includes digitizing, colorsweeping,offline final edit visual and audio mixing, interview production and script,
to DVD, and rough cut corrections.) Graphics services included.
DV Films $25,000 (includes filming three future presentations) Offers in house Filming services.
No scripting/interview services.
Lighting Media $14,400 (based a generic a hour edit/day - only editor Does not offer on-site production services, scripting or
no producer) interview services. Graphics services additional
Gold Street Entertainment $14,000 - $24,000 (based on a generic 8 hour edit day) Offers audio mixing and filming services.