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HomeMy WebLinkAboutDYNAMIC VIDEO COMMUNICATIONSI A-2020-257-01 "A^J 2 6 2021AGREEMENT TO PROVIDE VIDEO PRODUCTION SERVICES FOR THE CITY OF '�1 (� p� / � i 1� SANTA ANA D' C�� b(?oi �Avi s)i.JL, THIS AGREEMENT is made and entered into on this 15`h day of December, 2020 by and between Eduardo Garcia, a sole proprietor, dba Dynamic Video Communications ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of video production services on an as needed basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 20-105 for video production services, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, unless such additional services are authorized in advance and in writing by the City. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide video production services on an on -call basis under RFP 20-105. The total compensation for these services provided by all such consultants selected under RFP 20-105 shall not exceed the amount of six hundred thousand dollars ($600,000.00) during, the term of this Agreement, including any extension periods exercised under Section 3. This sum shall be comprised of the shared aggregate amount of two hundred thousand dollars ($200,000.00) annually during the term of the Agreement, including any extension periods. Page 1 of 11 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work, which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2021 and terminate on December 31, 2022, with the option for the City to grant up to a one (1) year renewal, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be Page 2 of 11 limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to Page 3 of 11 indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 11 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 11 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 6 of 11 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 71.4- 647-6956 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Dynamic Video Communications, LLC 30211 Avenida de las Banderas, Suite 200 Rancho Santa Margarita, California 92688 Telephone (949) 232-3220 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been Page 7 of 11 A-2020-257-01 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Jose Montoya Deputy City Attorney CITY OF SANTA ANA , ��✓ t-- ,- Kristine Ridge City Manager CONSULTANT: Eduardo Garcia Producer/Director Page 8 of I 1 EXHIBIT A SCOPE OF SERVICES Page 9 of l I REQUEST FOR PROPOSALS (RFP) NO. 20-105 FOR VIDEO PRODUCTION OF CITY COUNCIL MEETINGS, OTHER VARIOUS PRODUCTIONS, AND CABLEIVIDEO EQUIPMENT MAINTENANCE CITY OF SANTA ANA CITY MANAGER'S OFFICE Paul Eakins City Manager's Office Phone: (714) 647-6200 Email: peakins(a).santa-ana.org KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Deadline for Questions about RFP Proposal Due Date: Review of Proposals: Projected Award Date: Projected Start Date: July 21, 2020 July 31, 2020 August 14, 2020, by 4:00 PM August 17 — 20, 2020 September 15, 2020 October 1, 2020 z CITY OF SANT ANA EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VIDEO PRODUCTION OF CITY COUNCIL MEETINGS, OTHER VARIOUS PRODUCTIONS, AND CABLE/VIDEO EQUIPMENT MAINTENANCE I,Y1111019ALi1&94ATALAW DESCRIPTION AND SCOPE OF WORK BASE SERVICES: A. Council Meetings The City of Santa Ana provides the control room equipment, cameras and equipment located inside the Council Chambers to record and broadcast the City Council meetings, including computers and other video production equipment. Contractor will serve as Producer/Administrator for City of Santa Ana City Council meetings. Duties will include hiring and supervising video production staff. Contractor shall provide production services in live meeting coverage and playback for up to twenty-four (24) meetings, including City Council meetings held the first and third Tuesdays of the month, and various additional meetings as selected by the Clerk of the Council and/or City Manager. Production services shall include all responsibility for graphics during the presentations, video roll -ins and all audio/visual needs. Additionally, Contractor shall provide technical assistance for city production crews and staff. Services shall include: 1. Serve as Video Producer for all council meetings and cable -casting events in council chambers. 2. Maintain open communications with the Public Affairs Information Officer and Clerk of the Council office for special needs or changes pertinent to the agenda for each council meeting. 3. Communicate and confirm with the Public Affairs Information Officer regarding council meeting coverage and playback related to the city channel. Report technical playback and council meeting technical issues and remedies to the PAID. 4. Provide, hire and supervise all video production crew and staff which will include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one person. 5. Schedule video production staff. Pre -arrange and notify crew of video productions and changes. 6. Provide maintenance of playback equipment located in City Hall as necessary for City Council meeting. 7. Provide for office administration and payroll for video production crew and playback. 8. Provide and be responsible for all production staff training and hands-on use of equipment for video crews. 9. Direct communication with City Council members and Clerk of the Council. 10. Review any needs or concerns related to production request: includes PowerPoint, overheads, video roll -ins and presentations, review cueing system, proper use of microphones for Council. RFP No. 20-105 Video Services for Government Access Channel 3 & Related Services Page 21 of 23 (a CITY OF SANT ANA 11. Arrange for and design overall look and style of productions. 12. Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. 13. Access to Analytical Data — Contractor will provide access to the analytical data related to the usage of the video streaming service by the public. Analytics shall include the quantity of persons viewing video streams and archived videos. 14. Video streaming services that integrate with Facebook Live, YouTube Live, or similar social media platforms. B. Annual State of the City Address Contractor shall produce the mayor's state of the city address, including: Hiring and supervising crew for camera operations, audio mixing, cable running, equipment load in and load out. 2. Directing the show for video. 3. Renting all needed video equipment and editing the finished video for playback. C. Cable/Video Equipment Maintenance 1. Confer with the Public Affairs Information Officer to evaluate needs and supervise maintenance activity of all city owned audio/video facilities. Said facilities include, but are not limited to, City Hall, recreation centers, senior centers, Stadium, Soccer fields. Etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Design layout of electrical circuitry for existing and /or acquired audio/video equipment. 4. Ensure compliance with local, state, and federal safety codes and regulations. 5. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 6. Help establish and enforce Agency wide policies for equipment use. Provide operation instruction for staff. 7. Conduct regular security checks on the City's production equipment. 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Supervise annual asset inventories and tagging of new assets, as needed. 10.Coordinate equipment repair with outside agencies. 11.Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13.Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, delivering equipment, setting up operating facilities as needed.) RFP No. 20-105 Video Services for Government Access Channel 3 & Related Services Page 22 of 23 14. Provide updates to Public Affairs Information Officer and/or assigned staff on progress of equipment installation, maintenance, building projects and anticipated completion dates. 15.Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, PowerPoint, Elmo or other technical needs. D. Training and Support 1. Initial Training - Contractor shall provide a training program (remotely or in -person) to a group of up to eight (8) City staff members. Training shall be conducted before the video streaming and archive system is officially commissioned. Training shall describe the roles and responsibilities of the Contractor in providing the video streaming service. Training shall identify how City Staff can identify and rectify minor problems that may arise in the rollout of the video streaming services. 2. Contact — Contractor shall provide a main point of contact for City Staff. The main point of contact shall have a thorough understanding of the video streaming system and be capable of troubleshooting problems remotely with City Staff who may not be experts in video and audio technology. A. Event Video Production 1. On- and off -site video production services in Santa Ana for city -produced events including, but not limited to: 4" of July Celebration, Fiestas Patrias, Santa Ana 5k and Plaza Navidena. 2. This shall include all responsibility for graphics, video roll -ins and all audio/visual needs. B. Social Media Video Production 1. On- and off -site video production services in Santa Ana to produce videos tailored for social media, City TV channel, marketing, website, and internal use. These would be brief videos (30 seconds — 5 minutes), shall include editing for graphics, video roll -ins and all audio/visual needs. C. Additional Meeting Video Production Services 1. City Council meeting video production services beyond the 24 meetings included in the base services listed above. Video production services for other city meetings and functions at City Hall or other city facilities. D. Other Services Not Mentioned 1. In addition to the designated proposal cost categories provided below, Proposers are encouraged to provide cost proposals for services that are not described in this RFP but may be of benefit to the City with regard to video streaming services. RFP No. 20-105 Video Services for Government Access Channel 3 & Related Services Page 23 of 23 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 714-647-5468 www.santa-ana.om CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez VIDEO PRODUCTION OF CITY COUNCIL MEETINGS, OTHER VARIOUS PRODUCTIONS, AND CABLE/VIDEO EQUIPMENT MAINTENANCE RFP 20-105 ADDENDUM NO. 1 July 29, 2020 Notice is hereby given that where applicable; the City of Santa Ana Planning & Building Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 20-105, or reference is made in this Addendum No. 1. NEW SECTION Exhibit B - Bidders shall refer to this Standard Agreement (Sample), referenced throughout the RFP. PROPOSER QUESTIONS AND CITY RESPONSES Q1. The Addendum specifies 7-10 videos and possible lengths of the two subject matters, but not how many of each. In other words, what is the anticipated breakdown of how many videos about Land Use and how many about Development Code? Al. This question is for RFP 20-103 and should be disregarded. 02. Is the Agreement Statement the same thing as Attachment B: Proposer's Statement? A2. These are two separate items. The Agreement Statement is in reference to the now included Exhibit B-Standard Agreement (Sample). Q3. Does the video production of City Council Meetings (A. Council Meetings) INCLUDE the Spanish - language versions? If not, is this something you would like budgeted as an Add -On? A3. Yes, it includes the Spanish -language version. The Spanish translation is provided through a separate interpreter service contracted with the City. Q4. The RFP bid says the vendor is responsible programing playback. Is the vendor expected to do all the programing for the cable channel? The 24/7 schedule? Youtube? Granicus? Please ask the Public Information Officer to clarify? A4. The bidder is only responsible for the playback on Granicus and YouTube of City Council meetings and any other City meetings for which the bidder provides video services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. END OF ADDENDUM NO. 1 Page 1 of 8 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 714-647-5468 w .santa-ana.om CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez VIDEO PRODUCTION OF CITY COUNCIL MEETINGS, OTHER VARIOUS PRODUCTIONS, AND CABLEIVIDEO EQUIPMENT MAINTENANCE RFP 20-105 ADDENDUM NO. 2 August 11, 2020 Notice is hereby given that where applicable; the City of Santa Ana Planning & Building Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 20-105, or reference is made in this Addendum No. 2. BID DUE DATE EXTENDED The bid due date has been extended to Wednesday, August 19, 2020 at 4:00 P.M., Pacific Standard Time. PROPOSER QUESTIONS AND CITY RESPONSES Q1. Two questions: There is very little information in the bid about the control room systems, the playback systems, the council chamber system. It only talks about maintenance. Question one: AN equipment. Is the selected vendor required to do equipment installation, integration, upgrade equipment or systems (when needed). To develop equipment purchase list? Question two: Do you require the proposer to do system troubleshooting, system repair, system alignment and calibration? system design? Al. Yes, the vendor would be required to develop purchase lists, install, integrate and upgrade systems or equipment as needed. Yes, the vendor would do system troubleshooting, system repair, system alignment, calibration and design. Q2. For the Add -On Services at the end of the bid description. Item B. It read "on and off site video production services to produce 30sec -5 min videos. Can you give us some idea of how many per month (or year) you might expect to require from the proposer? It makes it difficult to do a proper bid amount without knowing some rough quantity, how many are you thinking, just some kind of estimate? A2. Approximately 1-2 videos per month could be requested. Please provide an estimated cost per video or hourly rate. Q3. You list add on services at the end of the bid. Item A: list the events: 4th of July, Fiestas Patrias, etc, but it also says not limited to the listed events. Can you give us a general idea of how many additional events? 5-10? 10-20? It makes it hard to bid on this if we don't have an some idea of how many additional events you want produced? Page 1 of 2 EXHIBIT B CONSULTANT'S PROPOSAL Page 10 of 11 REQUEST FOR PROPOSALS (RFP) NO. 20-105 FOR VIDEO PRODUCTION OF CITY COUNCIL MEETINGS, OTHER VARIOUS PRODUCTIONS, AND CABLE/VIDEO EQUIPMENT MAINTENANCE ATTENTION: PAUL EAKINS, CITY MANAGER'S OFFICE CITY OF SANTA ANA CITY MANAGER'S OFFICE Edward Garcia - Producer/Director Dynamic Video Communications Dynamicvideoco.com E DWARD@ ps89media.com 30211 Avenida de las Banderas. Suite 200 Rancho Santa Margarita, CA 92688 (949) 232 3220 We are eminently the most qualified and professional vendor to partner with The City of Santa Ana. UUVVN-1 DYNAMIC VIDEO COMMUNICATIONS, LLC. SCOPE OF WORK The City of Santa Ana seeks a video production partner(s) who will work collaboratively with the City team on the design, filming, editing, and production of the video communication modules. DVC will be accountable for the following: Project Management: • Ensure alignment with overall project timeline; • Work with The City team to set and track project milestones in accordance with overall timeline; • Provide routine status updates; • Manage costs of time and materials to remain within budget; • Proactively identify and communicate challenges; • Coordinate quality control of all development work and deliverables; and • Provide a single point person to oversee the partnership. • Provide creative direction that incorporates The City brand, utilizes approaches that engage the viewer and ensures consistency across every video produced. • Work with The City team to set the direction for filming, including but not limited to: identifying shot lists based on content narratives, and developing talking points and/or scripts for film participants for interviews and voiceovers where applicable; • Identify and collaboratively design the necessary video, graphic, and sound elements for the video modules; and • Ensure fidelity to the established branding and design throughout the entire video production process. Filming and Editing: • Work with The City team to develop an approach to conducting field shoots; • Prepare on -site locations for filming. Preparations may include, but are not limited to: reviewing shot lists with The City team; scouting the location prior to filming; altering the physical environment and/or adapting the filming approach to ensure minimal disruptions to film participants; • Work with The City specialists to conduct field filming in dynamic environments, including but not limited to, schools, avenues, street, homes, and work sites, to capture all footage required. • Utilize .mp4 and .mov video formats and 1080 p high definition resolution; • Work with The City team to review rough cuts, develop the sequence of video clips, and identify gaps in footage for additional filming; • Edit to final production professional grade copy with absolute attention to detail on all video, graphic, and sound elements; • Upload final edited version to the video hosting site that The City specifies. Council Meetings.: DVC will provide a streaming resource for The City of Santa Ana based on the original RFP. Contractor shall provide production services in live meeting coverage and playback for up to 24 meetings. Production services shall include all responsibility for graphics during the presentations, video roll -ins and all audiovisual needs. The City will provide contact information and reasonable amount of time to train the DVC team. DVC will charge a reasonable hourly rate for the trainees including streaming professional, camera op and graphic to be 1000% comfortable stepping in. DVC will also require a full run through. DVC will require to shadow the incumbent. Annual State of the City Address and major events: DVC will provide a full event and management resource at a competitive rate. Contractor shall provide live meeting events including staging, lighting, tents, camera operations, cable running, security, equipment load in and load out. EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable Page 11 of 11 RATE INFORMATION Content Creation / Video Production -Profile Pieces -One 10 Hour day Shoot TOTAL Per Video Profile.................................................................................................... $5,625.00 Includes: • Producer / Administrator / Director / Creative • Videographer / Equipment: Two Cameras, Lights, Audio, Drives & expendables • Gaffer / 2nd Camera Op • Complete Post Production, Drives, Storage, Grade and Mixing Content Creation / Video Production - Capturing an Event - One 10 Hour day Shoot TOTALPer Video Profile.................................................................................................... $2,905.00 Includes: • Producer / Coordinator / Director • Videographer / Equipment: Two Cameras, Lights, Audio, Drone, Drives & expendables • Gaffer / 2nd Camera Op • No editing Video Production - Capturing On -Camera Testimonial -1/2 day Shoot TOTALPer Video............................................................................................................. $3,400.00 Includes: • Producer / Coordinator / Director • Videographer / Equipment: Two Camera, Lights, Audio, Drives & expendables • Gaffer / 2nd Camera Op • Make Up and Hair • Complete Post Production, Drives, Storage, Grade and Mixing • Does not include Teleprompter -(add 650.00 If the resource is required) Council Meetings Resource TOTAL Per Meeting ...................................... ..... $4,100.00 ............................................................. Includes: • Streaming Professionals / Director / Robotic Camera op • 8 Hour Day • Does not include training- 3 Video Production, Staging, Streaming — Annual State of the City Address TOTALProduction.............................................................................................................. $5,925.00 Includes: • Producer / Coordinator / Director / Scouting Location / Event planning • Videographer / Equipment: Two Camera, Lights, Audio, Drives & expendables • Gaffer • Electrical • Streaming • Does not include Editing • Does not include Teleprompters —(add 650.00 per prompter if the resource is required) • Does not include Staging ! Stage Lighting / Audio Speakers / Projectors / Audio taps / Mixers ! • Microphones / pre planning with the stage company / etc. Video Production, Studio Location TOTALProduction.......................................................................................................... $3,325.00 Includes: • Producer / Coordinator / Director • Videographer / Cameras & expendables • Gaffer • Full Day of Stage in Santa Ana • Does not include Streaming capabilities • Does not include Teleprompter —(add 650.00 If the resource is required) • Does not include Make up / Hair —(add 450.00 If the resource is required) Other Services Not Mentioned Digital Drive / Storage per Project................................................................. Script Writer / Outline.................................................................................. Streaming Professional............................................................................... Streaming Professional in Training.................................................................. Producer / Coordinator / Client Management ................................................... Script Writer / Outline.................................................................................. Animation................................................................................................. GraphicArtist............................................................................................. Story board ...._..._._.__ L! ............. $100.00 Each ....... $120.00 Per Hour ....... $155.00 Per Hour CH0M nn o... u..... ......... $85.00 Per Hour ....... $150.00 Per Hour ....... $150.00 Per Hour ........ $90.00 Per Hour .......... $85.00 Per hour Digitally signed by Francine R. Francine R. Villareal Villareal A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/01 /2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christina Stewart NAME: Brown & Brown PHONEo (714) 221-1800 FAx (714) 221-4196 A/C A/ NExf : C, No 2401 E. Katella Ave. E-MAIL christina.stewart@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Suite 550 Anaheim CA 92806 INSURERA: Great Divide Insurance Company 25224 INSURED INSURER B Dynamic Video Communications, LLC INSURER C : 30211 Avenida de las Banderas INSURER D : Ste 200 INSURER E : Rancho CA 92688 INSURER F : COVERAGES CERTIFICATE NUMBER: 22/23 MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREM SES Ea o.urrrence $ 100,000 MED EXP (Any one person) $ Excluded PERSONAL &ADV INJURY $ 1,000,000 A Y Y CNA751466511 01/18/2022 01/18/2023 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 El PRO JECT LOC PRODUCTS-COMP/OPAGG 2,000,000P1 $POLICY $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS CNA751466511 01/18/2022 01/18/2023 BODI LY I NJ U RY (Pe r accide nt) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ElN OFFICER/MEMBER EXCLUDED? /A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana is named as Additional Insured as respects to General Liability in regards to the operations of the Named Insured per endt CG 2026, attached. Primary and non-contributory wording applies per endt CG E25, attached. GL Waiver of subrogation applies per endt CG 2404, attached. CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana ACORD 25 (2016/03) CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 The ACORD name and logo are registered marks of ACORD µow NCF Risk ManagementDivisian REVIEWED & APPROVED BY.- .v —� Risk hrtanagement Analyst COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Plaza (M-30), P.O. Box 1988, Santa Ana, CA 92702-1988 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 shall not increase the Insurance shown in the ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst POLICY NUMBER: CNA 7514665-11 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana 20 Civic Center Plaza (M-30), P.O. Box 1988, Santa Ana, CA 92702-1988 Information required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above CG 24 04 05 09 © Insurance Services Office, Inc., 2008 ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst COMMERCIAL GENERAL LIABILITY CG E25 AS 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE - NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other In- surance, subparagraph a., Primary Insurance is amended as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. If the Named Insured has entered into an "insured contract' requiring that this insur- ance be primary and non-contributory, we will abide by that contract requirement. CG E25 AS 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst Issuing Company: Great Divide Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No.: CNA 7514665 - 11 POLICY CHANGES Policy Change Number: 1 IL 12 01 11 85 NAMED INSURED AND ADDRESS AGENCY NAME AND ADDRESS 10030 Dynamic Video Communications LLC (800) 228-7975 30211 Avenida de las Banderas, Ste 200 Brown & Brown of CA Inc Rancho Santa Margarita, CA 92688 2401 E. Katella Ave, Suite 550 Anaheim. CA 92806 POLICY CHANGES EFFECTIVE Jan 25, 2022 Amount Due For Endorsement ADJUSTED Annual Premium/Fees COVERAGE PARTS AFFECTED (X) Additional Interested Parties Coverage Commercial Auto Commercial Auto Total General Liability General Liability Total Total $ 2,719.00 Additional / Return $ .00 $ .00 $ .00 $ .00 $ .00 Changes Endorsement #1 It is hereby agreed and understood that Additional Insured and Waiver of Subrogation is amended to read per forms CG 20 26 and CG 24 04 attached: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana CA 92702-1988 IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst CITY OF SANTA fANA RISK MANAGEMENT diuidiaa 4HUMAN RESOURCES Managing Osidve ChIiange WORKERS' COMPENSATION DECLARATION EDUARDO GARCIA, PRODUCER (Name/Title) following declaration: certify on behalf of hereby affirm under penalty of perjury, the that during the term (Consultant/Company Name) of my contract for VIDEO/MEDIA Production services with the City of Santa Ana, DYNAMIC VIDEO COMMUNICATIONS (Type of service provided) will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: Jan. 19th, 2021 Print Name: EDUARDO GARCIA Print Title: PRODUCER Signature: Telephone: 949 232 3220 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. REVIEWED & APPROVED BY: "° wd --� RFsk janagement Analyst 1: Risk Mgmt�lnsurance Requirements�WC Declaration 08152019 Our goal is to produce the best vadeo content that connects and inspres grow,th through powerful and creafive fflrnmak�ng, January 14, 2021 Francine R. Villareal I Risk Managenvent Analyst Oty of Sartta Ana I Hurnan Resources � RisManagement I," �Ms" on MZef-' Workers Cornp Dyr.wmuc Vkieo uo op nmu.m'acators its a 17 year oW, r6nority owned, soW proprietcr - NAdeo piroductiori firin withot dt ernpbyees. $1,000,000 per (,)ccurrence Required per agreement, If consulfantlrontrvctor Is a sole proprietor, corysultanqcontractor may submit warkers'compensation derlaradon. ff you have arty questions, pfease do riot hesto reach out, Lodlt forward crea6nq content tor the Oty c:,4 Santa Aria Edward Garda Producer RA Management Division RE�AEWED & APPROVED BY. Edward Garcia, FOUnder / Producer, �EDWARDGARCIA20MAC.COM Dynamucv� oconvn. net 94,9232 3220 Cage # " "W Z 22 Sa4it George's Court, Coto De Caza, CA 92679 ARMOR Risk ManagmentAnalpt V, NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Dynamic Video Communications, LLC Name: Project A-2020-257-01 Number: Project Agreement To Provide Video Production Services For The City Name: Of Santa Ana The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION FILE TYPE OF INSURANCE COI DATE NUMBER DATE NAME Dynamic Video COI AUTOMOBILE LIABILITY CNA751466512 01/18/2024 01/17/2023 City of Santa Ana (003).pdf Dynamic Video COI GENERAL LIABILITY CNA751466512 01/18/2024 01/17/2023 City of Santa Ana.pdf Dynamic WORKERS COMPENSATION AND Video COI WCA752034310 01/18/2024 01/17/2023 EMPLOYERS' LIABILITY City of Santa Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/19/2023 3:36 PM