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HomeMy WebLinkAboutRDA 04 CITY VIDEO 07-01-96 ,fDA NO. 4 / / i2/- ..,. I nter-Oom DATE: JULY 1, 1996 TO' FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY AUTHORIZATION FOR CONTRACT FOR CITY VIDEO RECOMMENDATION It is recommended that the Redevelopment Agency: 1. Authorize the Assistant City Manager to execute a consultant services contract with PSI, InC,. for the production of a City of Tustin Video in an amount not to exceed $25,000; and 2. Appropriate $12,500 fi-om the South Central Redevelopment Project Area and $12,500 fi-om the Town Cemer Redevelopmem Project Area to cover the cost of this contract. FISCAL IMPACT This contract is in an amount not to exceed $25,000. No appropriation was made for a video in the 1995-96 budget nor in the proposed 1996-97 budget. Therefore, a specific appropriation is required. BACKGROUND On November 8, 1995, the City Council directed staff to seek bids and recommend a contractor for the preparation of a video of the City of Tustin. The primary purpose of the video is to provide a portrait of Tustin in a manner which shows it to be a multi-faceted, dynamic community. The video will provide a "soft sell" marketing approach to inform William A. Huston, City Manager July 1, 1996 Page 2 existing Tustin residents and businesses of the character and benefits of remaining in Tustin as well as what services the City provides. It will also be used to give businesses considering locating in Tustin, most specifically in the Redevelopment Project Areas and the proposed project area on MCAS-Tustin, basic information about the City ofTustin. - The request for proposals was sero to over 100 video production firms throughout Southem California. Fourteen responses were received. Based on a staff review of these proposals, six production companies were interviewed. The interview panel consisted of the Assistant City Manager, the Redevelopment Program Manager, the Redevelopment Project Manager, a representative of the Economic Development Council's Business Attraction Committee as well as a representative of the Business Retention Committee. The interview panel unanimously selected PSI, Inc. and staff undertook a reference check. All of the references received concerning PSI, Inc. were also positive. DISCUSSION Staffis recommending the Agency authorize entering into a contract with PSI, Inc. in an amoum not to exceed $25,000 for the preparation and production of the video. The contract requires PSI, Inc. to develop, write, script, film, edit and produce a professional, high quality video which provides a portrait of the Tustin community, its people, its values, its environment, its past and its furore. The video is expected to be 8 to 12 minutes in length with stereo sound quality. The contract calls for the delivery of an initial 50 copies. The video will also be designed so that certain information can be 6asily translated for any proposed Tustin presence on the Interact. The video will be of high professional quality and utilize the currem state of the art in film production. It may include still photographs, live action, animation and/or computer graphics. Music' and/or sound effects will be of the highest quality. Narration, if any, will be by a recognizable voice, if the budget allows. The video will also be designed so that itis not easily dated and have a long "shelf life". 'While PSI, Inc. proposed an outline of the video in its proposal, which is attached as part of the proposed contract, the actual outline of the video has not yet been determined. The consultant Understands the Agency does not want the standard "city" video; that the Agency desires a video which is unique in its presentation when compared to videos produced for other cities but which, at the same time, is acceptable to the expectations and artistic appreciation of the general public and the business community. William A. Huston, City Manager July 1, 1996 Page 3 The Agency's 1995-96 Budget did not include an appropriation for a video, nor does the proposed 1996-97 Agency budget. Therefore, staff is recommending the Redevelopment Agency appropriate $25,000 for the preparation, design and production of the video. The funds would come from both Project Areas. Further, as MCAS-Tustin is closed and a project area is created, the video as a marketing tool will be in place to assist with whatever additional efforts are made for the Base. Because of this, staff expects that approximately 20% of the cost will be retumed to the South Central and Town Center Project Areas at some point in the furore once the new MCAS-Tustin project area is formed. The proposed contract with PSI, Inc. has been reviewed by the City Attorney. If approved by the City Council, it will be executed by the Assistant City Manager after PSI, Inc. has provided the necessary insurance certificates. BENEFIT TO THE REDEVELOPMENT PROJECT AREAS The preparation of the video adds another facet to the Agency's efforts to eliminate blight and enhance the economic strength of the South Central and Town Center Project Areas by retaining the businesses which are located there and attracting additional businesses into undemfllized and/or undeveloped property. Along with a marketing brochure and newsletter, the Agency will be able to better retain and attract the type of development needed to strengthen the project areas. Upon completion of the video, brochure and newsletter, the Agency will use them and other tools to develop its presence on the Intemet and other communications media to expand these efforts beyond what is currently being done. Christin~ Shin-g~etoff'~' //] - Assistant City Manager fi// '/ / f edevelo.~Pro~am Manager '. CONSULTANT SERVICES AGREEMENT This Agreement for Contract Services (herein "Agreement"), is made and entered into~' by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, ("Agency"), and PSI, INC., ("Consultant"). WHEREAS, Consultant is qualified to provide the necessary services and has agreed to provide such services; and WHEREAS, Consultant has submitted to Agency a proposal, dated December 22, 1995, a copy of which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though set forth in full hereat (the "Proposal"). NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, Agency agrees to employ and does hereby employ Consultant and Consultant agrees to provide consulting services as follows: - ~ 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the Proposal attached hereto as Exhibit "A." Consultant warrants that all services will be performed in. a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms of such Proposal and the text of this Agreement, the text of this Agreement and Exhibits B, C, D, and E shall govern. 1.2 Compliance with Law. Ail services rendered hereunder shall be provided in accordance with all Federal, State of California laws, and the ordinances, resolutions, statues, rules, and regulations of the City of Tustin and the Tustin Community Redevelopment Agency. 1.3 Familiarity with Scope of Services. By executing this Contract, Consultant warrants that Consultant (a) has thoroughly investigated and considered the work to be performed, (b) has generally acquainted itself with the site of the work and conditions there existing and (c) has carefully considered the means and methods for performance (d) fdlly understands the facilities, difficulties, restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or previously unknown condition materially differing from those inherent in the--'work or as represented by the Agency, Consultant shall immediately inform Agency of such fact and shall not proceed with any work except at Consultant's risk until written instructions are-received from the Contract Officer. 1.4 Care of work. The Consultant shall adopt reasonable methods during the life of the Agreement to prevent loss or damage to materials, papers and other components thereof to minimize losses of damages and shall be responsible for all such damages until acceptance of work by Agency, except such losses or damages as may be caused by Agency's own negligence. 1.5 Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope· of Services when directed to do so in writing by the Contract Officer, provided that Consultant shgll not be required to perform any additional services without additional, reasonable compensation. Any additional compensation not exceeding ten percent (10%) of the original contract sum may be approved in writing by the Contract Officer. Any greater increase must be approved by the City Manager. Other applicable provisions for additional services are found in Section 2.3 and 2.4. 1.6 Special Requirements. Additional terms and condit-ions of this Agreement which are made a part hereof are set forth in Exhibits "B", "C", and "D" and are incorporated herein by this reference. In the event of a conflict between the provisions of Exhibits "B", "C" and "D" and any other provision of this Agreement, including Exhibit A, the provision of Exhibit "C" and "D" shall govern. 2. COMPENSATION 2.1 For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with Exhibit C (attached). 2.2 Method of Payment. In any month in 'which Consultant wishes to receive payment, Consultant shall, no later than the first (lst) working day of such month, submit 'to the Agency in a form approved by Agency, an invoice for services rendered prior to the date. of the invoice. Agency will pay Consultant for all expenses stated thereon which are approved by Agency pursuant to this Agreement no later than the last working day of said month. · 2.3 Changes. In the event of any change or changes in the scope of work requested by Agency, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of the Addendum, including but not limited to any additional compensation to Consultant. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Ail services rendered pursuant to this Agreement shall be performed within any time periods prescribed in any Schedule of Performance attached hereto marked Exhibit "D". Extension of any time period specified in the Exhibit "D" must be approved ih writing by the Contract Officer. scvc ~h~l +~rc~pon ..... +~4~ ~ ~~ ~ ~ ~~ ~f any u~" and extend *~ ~ ~~ ~ ...... ~ 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from date hereof. · 4. COORDINATION OF WORK -3- 4.1 Representative of Consultant. The following Representative of the Consultant is hereby designated as being the Representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: TrishMilner. It'is expressly understood that the experience, knowledge, capability and reputation of the foregoing Representative is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing Representative may not be changed by Consultant without the express written approval of Agency. 4.2 Contract Officer. The Contract Officer shall be the Assistant Executive Director of Agency unless otherwise designated in writing by the Executive Director of Agency. It shall be the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agenc~ required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against SubContracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole .or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. 4.4 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in effect during .the term of this Agreement and shall not be cancelable without thirty (30) days written notice to Agency of any proposed cancellation. The Agency's certificate evidencing the foregoing and designating Agency as an additional named insured shall be delivered to and approved by the Agency prior to commencement of the services hereunder. The procuring of such insurance and the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify the Agency, its officers, and employees.~ The amount of insurance required hereunder shall include comprehensive general liability, personal injury and automobile liability, with limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence and professional liability coverage with limits of at least Five Hundred Thousand Dollars ($500,000). Coverage shall be provided by Admitted Insurers with an A.M. Best's Key Rating of at least A VII. If Consultant provides claims made professional liability insurance, Consultant shall also agree in wilting either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within five years of the completion of Consultant's services under this .Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five years after completion of Consultant's services under this Agreement. The Consultant shall also be required periodically to provide evidence to Agency of the purchase of the required tail insurance or continuation of the p~ofessional liability policy. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the Agency, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by Agency, and for -5- errors and omissions committed by Consultant, its officers, employees and agents, arising out of'or related to Consultant's performance under this Agreement, except for such loss as may be caused by Agency's own negligence or that of its officers ~or employees. 6. RECORDS AND REPORTS ' 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 RecOrds. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full ahd free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Ail drawings, specifications, reports, records, documents and other materials prepared by Consultant in the~performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 6.4 Release of Documents. Ail drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of. services under this Agreement shall not be released publicly without' the prior written approval of the Contract Officer. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to'submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes.' In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party cures any default within ninety (90) days after service of the notice, or if the cure of the default is commenced within thirty (30) days after service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the health, safety and general welfare, the Agency may take immediate action under Section 7.5 of this Agreement. Compliance with the provisions of this Section shal~ be a condition precedent to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. ~ 7.3 Waiver. No del~y or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy ~or be construed as a waiver. No consent or approval of Agency shall be deemed to waive or render .unnecessary Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law Or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. The Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except' that where termination is due to the fault of the ConsUltant and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt_of'the notice of termination and for any services authorized by the Contract Officer thereafter. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Agency may take over the work and 'prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, provided that the Agency shall use reasonable efforts to mitigate damages, and Agency may withhold any payments to the Consultant for the Purpose of set-off or. partial payment of the amounts owed to Agency. 7.9 Attorneys Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8. AGENCY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 8.1 Non-Liability of Agency Officers and Employees. No officer or employee of Agency shall be personally liable to the -8- Consultant, or any successor-in-interest, in the event of any default or breach by the Agency or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or .ancestry. Consultant shall take affirmative action to insure that applicants and employees are treated without regard to their race, color, creed, religion, sex, marital status,, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or gent by pre-paid, first-class mail to the address set. forth below. Either party may change its address by. notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To Agency: TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 Centennial Way Tustin, CA 926.80 Attention: Assistant Executive Director (Contract Officer) To Consultant: Trish Milner, Managing Partner PSI, Inc. 18019-A Skypark Circle Irvine, CA 92714 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. -9- 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN 'WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: APPROVED AS TO FOR_M: Lois Jef City Attorney ~"Agency" Tustin Community Redevelopment Agency, a public body, corporate and politic By: Christine Shingleton Assistant Executive Director "Consultant" · -10- EXHIBIT "A" PROPOSAL and SCOPE OF SERVICES Attached hereto are: 2) Consultant's Proposal; Scope of Work and Budget -11- ["714 ] 261-6119 1BO19-A SKYPARK CIRCLE IRVINE, CALIFORNIA 92714 JDIO VISUAL ~ID VIDEO December 22, 1995 Mr. Richard Zimmer City of Tustin 300 Centennial Way Tustin, CA 92680 Re: Request for Proposal for Video Dear Mr. Zimmer, Thank you for consider, lng PS! as a possible vend°r for this project. Enclosed you will find: - Our estimate to produce an 8-12 minute "Video Portrait of the City of Tustin" - Information package including pricir~g, brief resumes of PSI personnel who would be working on your project, and a partial client list - A copy'of our standard "Letter of AgCeemen-t", which includes our payment terms and production responsibilities - A copy of our demo tape and a copy of a recent video we produced for Yaskawa Electric - A proposed Production Schedule - Client references i will act as Project Manager, coordinating scripting, production, post-production and duplication; We are also including a proposed Treatment. Based on the information provided and on our own research, we feel this approach will effectively meet all of the needs mentioned in your RFP. We will be happy to answer any questions or provide additional information. Sincerely, Trish Milner · " President 06/25/96 10'08 '~714 25~ 9018 PSI, INC. OO2 City of Tustin Video Portrait of the City of Tustin 8-12 Minutes in Length BUDGET ITEM ,PRE-PRODUCTION: / Consultation ' Scripting PRE-PRODUCTION TOTAL VIDEO PRODUCTION: Betacam Shooting: Director and All Eq¥ipment: Four Days Jib Arm and Operator (2 Days) Production Crew-. Cameraman, DOP, Audio and Grip On-Camera Talent (2 Days) (Estimated) Location Expenses TelePrompTer: 1 Day PRODUCTION TOTAL POST-PRODUCTION: On-Line Non-Linear Editing Video Digital Conversion Computer Art/CG Digital Media/Tape Stock Digital Audio Production V.O. Booth library Music POST-PRODUCTION TOTAL ~.AMOUNT 540.00 2700.00 4200.00 1700.00 4620.00 2106.00 480.00 500.00 4200.00 400.00 600.00 494.00 150.00 75.00 400.00 TOTAL $ 3.240.00 $ 3,sos.oo $ 6,319.00 TOTAL PRODUCTION ESTIMATE Tax GRAND TOT-AL __ . , I, $ 23;165.00 $ 1,795.29 $ 24,960.29 Prepared by PSi Inc. 6/25/96 City of Tustin Video Portrait of the City of Tustin SCOPE OF WORK Treatment First draft of script Final Script Review and'approval Review and revisions Review and approval (revisions can still be made) Selection of talent PSI will recommend talent and provide video/audio demos for review Selection of locations for taping Based on script and city recommendations 4 days location taping, including: all equipment, director, cameraman, lighting technician, audio tech, production assistant, teleprompter and operator (1 day) May also include shooting stills.. if appropriate May need city help in obtaining permission to shoot at some locations and to use city personnel in some shots Time-coded VHS copy of raw footage will be provided for review Design of titles, graphics. PSI will provide samPles on computer disk or hard copy for review and selection Selection of music PSI will provide an audio cassette with cuts from several music selections from FirstCom library Record voice-over We encourage your participation at this stage, to avoid need for pickup recording. An audio cassette of edited v/o will be provided for review/approval Editing, est. 28 hours, including: visuals, music, voice-over, graphics Review first cut / meet to discuss Final revisions VHS copy of final provided for review (minor changes can be made at this time) Representatives of the City of Tustin are welcome to obse. rye any part of production, out on location or at our facility. Project: Medium: Draft: Date: Portrait of the C!ty of Tustin Video, approximately 10 minutes Treatment 17 December 1995 SPEAK UP TUSTIN AS we fade in from black, a distant driving drum roll is heard. We see a satellite image of our planet, and immediately begin a high velocity trajectory, plummeting toward the Earth, hurtling toward a destination in the western hemisphere, North America, the United States, the'State of California, the County of Orange, and the City of Tustin, arriving quickly at ground zero on the fifty yard line of the football field at Tustin High School, and a fisheye view of the high school marching band arrayed in full uniform. A fanfare of drums punctuated by a clash of symbols sets the band to marching over and around a ground level and wide angle camerareye-view. We dissolve to a fast-paced montage of establishing shots underpinned by music from the high school marching band. It is a dynamic visual portrait which features diverse and colorful images of Tustin - from the old city settlement to the modern communities of Tustin Ranch; from the foothills to the Tustin Marketplace; highlighting the hustle and bustle of thriving business districts, the campuses of various schools, the shopping centers, parks and recreational amenities. Throughout this segment we capture various close-ups and medium shots of people who live and work in Tustin, waving at the passing camera, greeting viewers as if they were a familiar neighbor. . · Cut to an establishing shot in old towr{ Tustin, where our narrator, who is a resident of Tustin. and the official radio voice of the Mighty Ducks hockey team, stands alongside the wishing well, microphone in hand. He bids the viewer an official welcome on behalf of the City of Tustin. Then, after a brief anecdotal explanation of the significance of that colorful landmark, he sets the tone for the rest of the video. What better way to portray a .community, he wonders aloud, than through the eyes and voices of the people who live and work here. Then, as if issuing a neighborly challenge, he says "So speak up, Tustin!" And so they do. Methodically, our camera tours the'city, from city hall to shopping centers, from residential streets to major employment centers, from school campuses t6 city parks and landmarks. And all along the way, our narrator interviews the people who best know Tustin - members of city government, the Chamber of Commerce, business leaders, school teachers, shop owners, residents, school children, city maintenance crews, shoppers, 'hospital workers, major employers, the local librarian, city historian, the editor.of the local Tustin newspaper, notable past and present residents of Tustin (baseball players, T. Jefferson Parker, etc.), perhaps the eldest living resident, ann so on. And all along the way we learn not only the facts and figures, those vital statistics indicative of Tustin - supported when and where necessary by colorful graphics - but we are enveloped by the' texture of a warm and personable community,' people who are proud tO share the story of their home. People who tell us not only about the city in which they live, work and play, but who also share the proximity of Tustin to the infrastructure and attractions of the greater community, that of Orange 'County and Southern California. And thus Tustin speaks out, a rich tapestry of voices and images, rendering the portrait of a diverse and thriving community, energetic and warm, exciting and self-possessed, rooted firmly in history and tradition, but with a passionate vision of the future. Copyright 1995 PSl, Inc./A. Micheal Fletcher .¢ INC. ['714] 261-6119 18019-A SKYPARK CIRCLE IRVINE. CALIFORNIA 92714 DIO VISUAL D VIDEO Client References: Ms. Karen Young Hunt-Wesson, Inc. 1645 W. Valencia Dr. Fullerton, CA 92634 Mr. Mark Affleck California Avocado Commission 1251E. Dyer Rd. ~200 Santa Ana, CA 92705 Ms. Susan Miller Kubota Tractor Corp. P.O. Box 2992. Torrance, CA 90509-2992 Mr. Craig Rubenstein ~ Yaskawa Electric America, Inc. 5626 Corporate Ave. Cypress, CA 90630 714/680-1279 Recently produced and staged National Sales Meeting, incl. opening video module 714/558-6761 Recently produced video for So. Calif. Agricultural Water Team 310/370-3370 Currently in production - 1996'Kickoff video and meeting 714/828-1581 Produced "RobotWorld" video EXH I B I T "B" SPECIAL REQUIREMENTS . o . . o . The "Force Majeure'" provisions described in Section 3.3 are hereby waived. The "Liquidated Damages" provisions described in Section 7.6 are hereby waived. Consultant shall present to Agency certificates of insurance and endorsement forms verifying that the Consultant has the insurance as required by.this Agreement. Said forms shall be reviewed and approved by the office of the City Attorney of the City of Tustin. A Certificate of Insurance Form is attached. If the Contract Officer determines that a product deliverable is unacceptable, either before or after a draft or final draft is issued, because it did not conform to the specifications set forth in the Agreement, the Consultant shall submit a revised report or product at Consultants' expense. Progress reports shal~ be submitted by Consultant when requested by the Contract Officer. All progress reports must be signed by the Consultant. Consultant shall utilize those ~professional personnel and subconsultants to perform services required under this Agreement as identified in Consultants' Proposal. No substitution shall be made without the advance written approval of the Contract Officer, after review of the proposed replacement's experience and qua. lifications with a written explanation of the necessity for the change. No increase in the compensation or reimbursable salary rates will be allowed when personnel or firm substitutions are authorized. Consultant shall remove and replace project personnel or subconsultants assigned to project personnel or subconsultants assigned to project who do not perform assigned duties in a manner satisfactory to the Contract Officer. consultant shall be required to meet with Contract Officer of the Redevelopment Agency to the extent necessary or desirable to discuss progress on the Scope of Work at Contract Officer's direction. -12 - EXHIBIT "C" SCHEDULE OF COMPENSATION . · . Payments will be made monthly based on services' provided as shown in Exhibit A. All requests for payment shall be based on identified tasks in the Scope of Work. The Consultant shall indicate on all monthly invoices the tasks being billed against the percentage of that task completed, the original budget amount for that task, and' the amount billed to date. The Agency shall retain 10% of the invoice for each task to ensure satisfactory completion of the contract. Upon satisfactory completion of all tasks and obligations under this contract, Consultant will be paid all retained payments. Ail costs are included in this contract. No additional costs, without authorization of the Contract officer, shall be invoiced. Any special costs for service' necessary to complete the Scope of Work as shown in Exhibit A shall be included in the maximum contract priCe for document preparation, as shown in Exhibit A. Additional services and approved change orders shall be compensated only to the extent the Contract Officer authorized such additional services, change orders and appropriate costs. -14- EXHIBIT "D" SCHEDULE OF PERFORMANCE I · Attached hereto is.-'the schedule of performance for the scope of services outlined in Exhibit A. The "start date" for this schedule of performance is agreed to be the date this Agreement is executed by AgenCy. The weeks shown on the attached schedule of performance shall be determined from the "start date". -15- City of Tustin Video Portrait of the City of Tustin PRODUCTION SCHEDULE Week Week 2 Week 3 Week 4 Week 5 Review, revise and approve treatment Begin scripting Begin pm-production (scout locations) Select talent / on-camera interviews Draft I script.due - review and revisions Draft 2 script due - final revisions and approval Design graphics- review and approval Shooting Review footage Week 6 Week 7 Week 8 Record voice-over Select and approve music Graphics Post-production elements Begin digitizing footage/editing Post production - editing Review first cut Begin changes, adjustments Review 2nd cut Make final adjustments Master complete