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HomeMy WebLinkAboutC2022-042 - Wulfenbear Media1 Contract No. 2022-042 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WULFENBEAR MEDIA, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of November 1, 2021 between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and WulfenBear Media, LLC, a(n) Arizona limited liability company (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2022-007 Video Production/Editing (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of video production & editing (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until October 31, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term 2 are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $50,000 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. The aggregate, including all renewal terms, shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 3 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, 4 nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. 5 J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the 6 phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 7 D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future 8 employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 9 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 10 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: WulfenBear Media, LLC 14838 N. 38th St. Phoenix, Arizona 85032 Attn: Bear Prandelli or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being 11 given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 12 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth Klein (Nov 15, 2021 08:53 MST) “Contractor” ____________________________________, By: Name: Title: WulfenBear Media, LLC, a(n) Arizona limited liability company Lars Leslie Erik Bear Prandelli (Nov 11, 2021 20:07 MST) Lars Leslie Erik Bear Prandelli CEO Lars Leslie Erik Bear Prandelli EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WULFENBEAR MEDIA, LLC [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing RESPONSE DEADLINE: October 14, 2021 at 4:00 pm Report Generated: Thursday, October 28, 2021 WulfenBear Media Proposal CONTACT INFORMATION Company: WulfenBear Media Email: bear@wulfenbear.com Contact: Bear Prandelli Address: 14838 N 38th St Phoenix, AZ 85032-5223 Phone: (480) 486-3442 Website: wulfenbear.com Submission Date: Oct 7, 2021 10:58 AM PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Oct 7, 2021 10:21 AM by Bear Prandelli QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* Pass The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* Pass It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* Pass It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 3 (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selec tion process by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* Pass It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* Pass The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* Pass In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 4 Confirmed REFERENCE CHECKS* Pass References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed 2. Vendor Proposal GENERAL INFORMATION* Pass A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 5 E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly d escribe the circumstances and the outcome. General_Information_WulfenBear_Media.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Pass Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town. A. Vendor must demonstrate successful completion of at least three similar projects within the past 60 m onths. Also, demonstrate experience of the Submitter’s leadership and staff to meet the needs of the Town (i.e sufficiency to cover the expected projects, which may include nights, weekends and holidays; ability to edit existing work to meet changing needs and opportunities). For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the followi ng information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. Experience_and_Qualifications_WulfenBear_Media.pdf KEY POSITIONS* PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 6 Pass A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. Key_Positions_WulfenBear_Media.pdf PROJECT APPROACH* Pass A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. Project_Approach_WulfenBear_Media.pdf PRICING (IF SUBMITTING HARDCOPY) Pass PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 7 Vendor shall submit the same number of copies of the Fee Proposal as described in section titled "RFP Submission Process" subsection titled "Pricing" in a separate, sealed envelope enclosed with the Vendor’s Proposal with the signature of the representative of the Vendor who is authorized to make such an offer. The Fee Proposal shall list the individual cost for each of the program expenses and shall be provided in a spreadsheet format to enable the Town staff to determine (1) total labor hours, (2) key team member(s) proposed for each task and sub-task and (3) number of management, engineering, technical, drafting and support personnel hours proposed for the project. The hourly rate, name of the team member and staff classification shall be included in the spreadsh eet. Identify all other costs to be billed to the project, including project expenses (no mark-up on expenses will be allowed) and subcontractor fees. Confirmed PRICING--SEE REQUIREMENTS IN 2.5* Pass 1. Price for 2-5 minute video package encompassing scope items 1-15 2. Price for "add on" line items in scope (Add on items 1-7) 3. Average price per minute Pricing_WulfenBear_Media.pdf PLEASE PASTE LINK TO YOUR 3 DEMOS* Pass Three (3) videos of approximately three (3) minutes to demonstrate past work--at least one demo showing work with a municipality. I have also included these links in the Proposal; https://vimeo.com/showcase/8741965, https://www.airbnb.com/experiences/246006, https://vimeo.com/showcase/8755343 DESCRIBE THE VIDEO EQUIPMENT USED IN VIDEO PRODUCTION* Pass PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 8 I have also included this detailed list in the Proposal: • Audio (3 wireless lavalier microphones, boom microphone, external recorder) o Senheiser NTG4+ shotgun mic o Rode Wireless Filmmaker lav mic o Comica Boom XD2 wireless lav mics x 2 • Cameras (2 x 4K cameras with tripods and a complete lens kit) o Black Magic Pocket Cinema Camera 6K o Sony A7rii Mirorless Camera 4K o Rokinon Cinema DS lenses (14mm, 24mm, 35mm, 50mm & 85mm) o Canon FD prime lenses (28mm, 35mm, 50mm, 35-150mm zoom) • Lighting (complete lighting kit to achieve 3 point lighting, including stands and grip gear) o Nanlite Forza 200 LED light and softbox o Nanlite Forza 60 LED light and softbox (x2) o Nanlite Pavotube 15C (x3) • Peripheral Equipment (batteries, chargers, monitors, SSD hard drives, clapboard, etc) • Motion equipment (shoulder rig and motorized gimbal) o Moza Air 2 motorized gimbal o Zhyun Crane 3S motorized gimbal o Tilta shoulder rig with V-mount • 4K drone for aerial footage capture o DJI Mavic Air 2 4K drone PROPOSAL DOCUMENT REPORT RFP No. 2022-007 Video Production/Editing PROPOSAL DOCUMENT REPORT Request for Proposals - Video Production/Editing Page 9 • Software o Adobe Premiere for video editing o Adobe After Effects for motion graphics o Davinci Resolve for color grading o Adobe Audition for audio mastering WulfenBear Media LLC Proposal for Video Production Services for the Town of Fountain Hills - Response to RFP 2022-007 Prepared by Bear Prandelli Oct 4th, 2021 1 TABLE OF CONTENTS I. COVER LETTER…………………………………………………………....3 II. GENERAL INFORMATION…….………………….……………………....4 III. EXPERIENCE & QUALIFICATIONS……………………………………...5 IV. KEY POSITIONS…………………………………………………………...6 V. PROJECT APPROACH..…………………………………………………....7 VI. PRICING…………………………………...…....………...…………….....11 VII. PORTFOLIO EXAMPLES…………………....…………………..……….13 VIII. REFERENCES……………………………………………………………..14 2 I. COVER LETTER Hello Rob: I speak on behalf of the entire WulfenBear Media team in saying how thrilled we are to have the opportunity to respond to this RFP to become the Town of Fountain Hills’s preferred partner for video production services. We look forward to showing the town why working with WulfenBear is a strategic solution that will address the current and future challenges that the town is facing in building out their video outreach and marketing. With us as your partner, we will help: - Create consistent and visually engaging content - Provide much needed high-quality video services, along with excellent communication - Work with the town’s marketing department to keep all messaging on-brand - Provide pre-production services, including but not limited to; scriptwriting, storyboarding, scheduling, talent acquisition and location scouting - Provide all production services, including but not limited to; 2 camera 4K video capture, 4K aerial drone photo and video, high fidelity audio recording and photography. - Provide post-production services, including but not limited to; video editing, motion graphics, color grading, audio mastering, voice over and stock media acquisition. Our goal is to save your team time and money by working with a highly efficient, well-organized and communicative video production team that can handle shoots small and large. Included in this RFP, you will find responses that meet and exceed your requirements along with the filled out questionnaire you requested. Should you need any other information to move this process forward and further validate your decision, please let us know. We are grateful for this opportunity with the Town of Fountain Hills. Thank you for your time, Bear Prandelli Signed_______________________ Date________________________ 3 10 / 07 / 2021 Bear Prandelli Digitally signed by Bear Prandelli Date: 2021.10.07 10:33:06 -07'00' II. GENERAL INFORMATION WulfenBear Media is a multimedia production company based out of Phoenix, Arizona. The company is operated by brothers Bear and Wolf Prandelli. Between the different members of our organization we have over thirty years of combined experience working in the field of video production and photography. Bear and Wolf are equal-part owners of WulfenBear Media. Bear acts as CEO and is responsible for all client-facing responsibilities, scheduling, and directing on shoots. Wolf acts as the CFO, Director of Photography, and handles organizational and technical needs related to crew and gear on set. Other key members of the company include Katelyn Beal, our Creative Director and Producer with over ten years of experience in video editing, and Riley Duggan, our audio engineer and mixer. Over the past several years we have grown our business from humble roots to where we are now, creating commercial and narrative content that engages audiences and supports our clients’ goals. We have done so by always staying within budget and meeting deadlines, while never losing track of the necessities that lead to fantastic video campaigns. We have produced video content for companies including but not limited to; ●Marketing agencies ●Public utilities companies ●Substance abuse treatment facilities ●Corporate events, trade shows, and company retreats ●Retail and product videos ●Fitness and wellness programs ●Social media campaigns ●Religious and non-profit organizations WulfenBear Media aims to create compelling content with stunning visuals. We pride ourselves on fostering a small company mindset that produces big results. We maintain excellent communication, drive results, and deliver exceptional end products. Company Contact: Bear Prandelli - CEO / Founder Phone: 480-486-3442 Email:bear@wulfenbear.com Company Address: 14838 N 38th Street Phoenix, AZ 85032 Business Information: Tax ID: 82-2784970 Business type: Single Member LLC Founded: 2017 4 III. EXPERIENCE & QUALIFICATIONS Bear Prandelli / CEO & Director Bear attended Husson University where he studied Video Communications and Film. After working in TV on the East Coast Bear moved to Prescott, Arizona in 2015 and began freelancing in video production and photography before moving to Tempe in 2017, at which point in time he and his brother Wolf incorporated WulfenBear Media. In his time with the company Bear has interviewed business owners and representatives from local and national organizations, including celebrities like Tommy Chong and Baltimore Ravens tight-end Mark Andrews. Bear is also responsible for all marketing and outreach efforts and has helped WulfenBear Media acquire clients in all avenues of industry. Wolf Prandelli / CFO & Director of Photography Wolf is an avid movie buff with a passion for cinematography and storytelling. He attended Bard College for Film Production. In 2017 Wolf moved to Arizona to incorporate WulfenBear Media with Bear, establishing operations out of Tempe, and eventually moving to Phoenix. Wolf has acted as Director of Photography on over 250 shoots. He is experienced in capturing a range of cinematographic styles including interviews with executives, documentary footage, music videos, product shoots, fashion and landscape videography. Katelyn Beal / Producer & Editor Katelyn is a video producer and editor with over ten years of experience. Her clients include Arizona Public Service, TD Media LLC, and EchoHouse Films. She has edited corporate videos, documentaries, VFX, motion graphics, and title design. Katelyn works with Premiere, After Effects and is proficient with the entire Adobe Suite. In her time with Wulfenbear Media Katelyn has edited hundreds of videos for clients in a variety of industries and has acted as producer on a multitude of shoots, ranging from one-off commercials to full fledged multi-video campaigns. Riley Duggan / Audio Engineer Riley Duggan is an audio engineer with over 6 years of experience in audio capture, mixing and mastering. He has been with WulfenBear Media since the beginning of 2021 and is a crucial part of the production process. Riley is highly skilled and is well versed in audio capture for commercial production as well as music and live sound. 5 IV. KEY POSITIONS Our personnel includes video editors, animators, voiceover talent, actors, audio engineers, photographers, and graphic designers. Some key contractors that we employ based on the scope of the project are listed below along with bios and qualifications. We have also worked with dozens of other individuals for video and photography shoots depending on their specific style and scope of work. Luu Nguyen / Editor & Animator As a kid she made short films, her family nicknamed “Luu Productions” and her hobby became a profession. Luu graduated early from Arizona State University with a B.A. in English and Film & Media Studies. She spent time in L.A. working for Disney, Warner Bros., and Dreamworks as an editor. Luu works with Adobe Suite, Final Cut, and Motion. Links: http://www.luutnguyen.com Vimeo page Raina Bowers / Photographer & Videographer Raina is an Arizona native who studied filmmaking at ASU graduating with a B.A. in Fine Arts from the Herberger School in 2017. For the past five years, Raina has been working in commercial productions, independent films, fashion, and weddings. Links: https://www.rainavirginia.com/video https://www.rainavirginia.com/home Michael Luna / Photographer & Drone Pilot Michael Luna is based out of Scottsdale, AZ and has spent over twenty years. His clients include Disney, Best Western, FORD Agency, and more. He is also a licensed drone operator for projects requiring drone videography or photography. Links: https://mlpscottsdale.com/ High Road Productions / Live Stream Partners Born from an indelible desire to elevate the culture of art, movement, and community through the lens of curated experiences, High Road Productions joins the passion of an event-promotions organization with the professionalism and versatility of a bespoke production company. Links: https://www.highroadproductions.co/ 6 V. PROJECT APPROACH Planning and Pre-Production:WulfenBear Media has experience offering pre-production services for public entities such as Arizona Public Service, Valley Metro, and Xico Inc. We shall offer templates and guidance to craft outlines and scripts that best support the core messaging and branding of the Town of Fountain Hills. These resources include but are not limited to: scripting templates, shot lists, call sheets, storyboards, mood boards, and project overviews. We recognize the importance of precise and detailed pre-production, as this phase of the project will determine the effectiveness of the campaign as a whole. We shall attend meetings virtually and in-person, location scout, and direct rehearsals. Our producer, Katelyn Beal, has direct experience with prepping subjects ahead of time. Her ability to connect with the subjects, provide an overview of “What to Expect”, and ask preliminary questions to craft the messaging has shown to be a crucial step to obtaining genuine interviews. Our director, Bear Prandelli, will guide interviewees in an approachable and efficient manner; creating trust that translates into the subject emoting comfort and strength while being filmed. Our proven ability to create and manage timelines, budgets, logistics, workshop planning, and general preparation allows WulfenBear Media to create high quality videos while staying within the agreed-upon scope. Production:WulfenBear Media staffs a director, producer, camera operator, and sound technician who all have experience filming on various locations. We are prepared to follow all COVID-19 safety best practices to ensure the health and safety of all on-set. We work directly with our clients to film at times that are both convenient for them and best serve the story. Our standard coverage at productions include high-quality interviews with clear audio and two cameras filming in 4K, drone footage of locations, and b-roll filmed in 60 fps to allow for smooth slow motion playback. During the b-roll session, we will also capture still photography. The photos will be full frame, captured at 42MP resolution. Our Director of Photography, Wolf Prandelli, is experienced in capturing compelling footage utilizing advanced cinematography techniques to ensure all video requirements are met. Our Audio Engineer, Riley Duggan, has over 6 years experience in capturing audio for a wide range of productions, from commercial shoots to live events. Riley will ensure that all audio is audible and clear, and any natural sound that is needed within the scene is properly captured. Equipment:We shall provide all equipment necessary, including but not limited to: A. Audio (3 wireless lavalier microphones, boom microphone, external recorder) 1. Senheiser NTG4+ shotgun mic 2. Rode Wireless Filmmaker lav mic 3. Comica Boom XD2 wireless lav mics x 2 B. Cameras (2 x 4K cameras with tripods and a complete lens kit) 1. Black Magic Pocket Cinema Camera 6K 2. Sony A7rii Mirorless Camera 4K 3. Rokinon Cinema DS lenses (14mm, 24mm, 35mm, 50mm & 85mm) 4. Canon FD prime lenses (28mm, 35mm, 50mm, 35-150mm zoom) C. Lighting (complete lighting kit to achieve 3 point lighting, including stands and grip gear) 1. Nanlite Forza 200 LED light and softbox 2. Nanlite Forza 60 LED light and softbox (x2) 3. Nanlite Pavotube 15C (x3) 7 D. Peripheral Equipment (batteries, chargers, monitors, SSD hard drives, clapboard, etc) E. Motion equipment (shoulder rig and motorized gimbal) 1. Moza Air 2 motorized gimbal 2. Zhyun Crane 3S motorized gimbal 3. Tilta shoulder rig with V-mount F. 4K drone for aerial footage capture 1. DJI Mavic Air 2 4K drone G. Software 1. Adobe Premiere for video editing 2. Adobe After Effects for motion graphics 3. Davinci Resolve for color grading 4. Adobe Audition for audio mastering Post-Production:WulfenBear Media is well-versed in Post-Production with over 10 years of experience crafting narratives that engage audiences and shareholders alike. We will attend any necessary post-production meetings and highly encourage collaboration with the Town of Fountain Hills. We include two rounds of revisions within our budget for all video projects. We shall create clean on-screen graphics for names, titles, credits, etc; utilizing motion graphics to ensure smooth, high-quality graphics that reinforce the narrative. We shall gather background music with the appropriate rights using our preferred subscription service, tailoring the music to compliment the tone and drive the pacing. We shall provide captions and/or subtitles for all videos, as well as transcripts. We shall edit the still photos from each shoot location and provide high resolution copies with retouching. We will work directly with the town to ensure the deliverables meet web and accessibility guidelines. Finally, we shall provide video files in 1080p at 24fps format. We also recommend that the Town of Fountain Hills should purchase a hard-drive to obtain all of the RAW footage. Below are examples of our process for determining the scope and requirements for a variety of project types. 1.Interviews/Testimonials a. Determine with the Town Of Fountain Hills who the audience is, and what the general theme or direction of the video deliverables will be. i. What is the demographic? ii. What is the goal? iii. How will it be distributed? iv. Is this informational or story driven? b. Pre-production i. Project planning, location scoping, scheduling & if necessary talent and crew acquisition (voiceover or actors). ii. Script writing process (if necessary). iii. Determine what additional b-roll and supporting footage should be captured to help with storytelling. iv. Acquire all necessary media assets ahead of time. 8 1. Royalty free audio. 2. Necessary graphics, titles, logos or animations. v. Determine crew personnel required on set. c. Production i. Acquire signed releases from all talent. ii. Schedule the shoot date, allowing for all content to be captured in the allotted time frame. iii. Provide all equipment necessary for the shoot. iv. Laptop and solid state drive on location to ensure that footage is immediately transferred and backed up securely at wrap.. d. Post-production i. Backup all media. ii. Edit all content as noted on storyboards or according to script. iii. Provide all media to review, allowing for revision requests if necessary. iv. Provide all finalized media with correct meta tags, descriptions, closed captioning, and requested aspect ratios or file formats. 2.Digital Campaign Videos - Social Media, Youtube, Ads, Television a. Determine with the Town of Fountain Hills who the audience is, and what the general theme and direction of the video deliverables will be. i. What is the demographic? ii. What is the goal of the campaign? iii. What platforms will this be distributed on? iv. Are there any specific technical specifications we should know about? 1. Time length and variations of campaigns. 2. Aspect ratios for mobile, desktop. 3. Closed captioning requirements. b. Pre-production i. Project planning, scheduling, location scouting, talent and crew acquisition if necessary (voiceover or actors). ii. Script writing process (if necessary). iii. Storyboarding (if necessary). iv. Determine the necessity of b-roll. v. Acquire media assets. 1. Royalty free audio. 2. Graphics, titles, logos. c. Production i. Get signed releases from all talent on set ii. Schedule the shoot date(s) in an organized fashion, allowing for all content to be captured in the allotted time frame to remain in budget. iii. Provide all equipment necessary for the shoot. 9 d. Post-production i. Backup all media. ii. Edit all content as noted on storyboards or according to script iii. Provide all media to review, allowing for revision requests if necessary iv. Provide all finalized media with correct meta tags, descriptions, closed captioning, and requested aspect ratios or file formats. 3.Event Videos - Internal events, public meetings, fundraisers a. Determine with the Town Of Fountain Hills who the audience is, and what the general theme and direction of the video deliverables will be. i. What is the demographic? ii. Where will the video be shown? b. Pre-production i. Acquire schedule of event along with any necessary diagrams of room layout/event space layout ii. Determine what b-roll will be necessary iii. Acquire all necessary media assets ahead of time. 1. Royalty free audio 2. Necessary graphics, titles, logos or animations c. Production i. Arrive an hour early for preparation. 1. Determine where power sources are if needed 2. Set up all equipment in a safe place to avoid tripping hazards or electrical issues 3. Tour the space to make sure we are familiar with all safety exits and any necessary OSHA requirements ii. Get all necessary event coverage, as well as any speakers and supplementary b-roll. iii. Get any on-site interview footage if needed. d. Post-production i. Backup all media on the day of the event. ii. Edit all content as noted on storyboards or script. iii. Provide all media to review, allowing for revision requests if necessary iv. Provide all finalized media with correct meta tags, descriptions, closed captioning, and requested aspect ratios or file formats 10 VI. PRICING WulfenBear Media is happy to work with budgets of all sizes, from the one-man shoots to larger scale, full-crew productions. We are able to meet our client’s needs by scaling our crew respective to the scope of the campaign. Below is a breakdown of how we determine our pricing. Billable Costs - Pre-production costs billed at $85 / hr - Post-production costs billed at $85 / hr - Photo editing costs billed at $85 / hr - 1 person crew production costs billed at a rate of $125 / hr (or $1250 for full day shoot) - 1 camera operator capturing cinematic b-roll, drone footage, landscape or architectural footage - Same hourly cost for single person photography capture - 2 person crew production costs billed at a rate of $200 / hr (or $2000 for full day shoot) - 2 camera operators with wireless lavalier mics for audio - 3 person crew production cost billed at a rate of $260 / hr (or $2600 for full day shoot) - 2 camera operators, audio engineer with full audio setup - 4 person crew production costs billed at rate of $320 / hr (or $3200 or full day shoot) - 2 camera operators, audio engineer, gaffer / lighting tech with full lighting loadout - Live stream production costs - $400 cost to cover equipment setup time - $300 / hr cost for managed livestream services, 2 person crew - Teleprompter rental $20 / day through ReelMen in Phoenix - Royalty free image costs range per individual image.Average cost per image on iStock is $25-30 per image. For low/no-cost alternative we use Pexels.com and Unsplash.com As you can see, the above pricing changes depending on how large of a crew we have to gather for the shoot. In most circumstances, a two or three person crew is more than sufficient to capture everything requested, however we have the ability to bring on as many people as needed if the scope of work requires us to hire additional crew members. Pricing Examples Below are some examples of budgets for recent projects we completed. Example 1: - 30 second & 15 second TV commercials - 1 full day shoot, 3 person crew; shoot involved 5 interviews with individuals and couples - WulfenBear completed all production and post-production, hiring agency completed pre-production - 5 total rounds of revisions - Included 5 interviews with individuals and couples - Total cost -$4500 (average cost per minute of video $5625) 11 Example 2: - 16 x 30 second videos for social media - 4 x full day shoots, 3 person crew; shoot involved 6 interviews with different business owners at separate locations - WulfenBear completed all pre-production, production and post-production for a series of short social media focused videos for an auto-mechanic non-profit organization - No necessary revisions on any videos - Total cost -$8950 (average cost per minute of video $280) Example 3: - 9 x 4-5 minute videos for social media and Youtube - 9 x half day shoots, 3 person crew; shoot involved 9 interviews with painters and artists throughout the valley - WulfenBear completed all pre-production, production and post-production for a series of mini-documentary style videos for a marketing campaign for a arts centered non-profit organization - 1-2 revisions per video - Total cost -$17,500 (average cost per minute of video $486) Example 4: - RAW, unedited b-roll footage, approx 30 minutes (final edited product was 60 seconds long) - 1 half day shoot - WulfenBear competed all production costs, hiring agency took care of all pre-production and production roles - Total cost -$1000 (average cost per minute of video $1000) As you can see, the average cost per minute of video ranges greatly depending on the scope of work, the people needed for the shoot, and the scope of work in regards to pre-production and post-production. For this reason it’s hard to come to an exact number, but on average we found our cost comes out to $500 - $600 per minute of edited video footage. Services We DO NOT Charge For: Below is a list of services we do not charge, based on the fact that we already maintain subscriptions for the following; Stock audio, royalty free music A. We maintain a subscription with Artlist.io, so we have access to royalty free music without having to pay per-download Royalty free stock video content B. We maintain a subscription with Storyblocks that gives us access to a wide range of stock video footage at no additional cost 12 VII. PORTFOLIO EXAMPLES “Xico Studio Tours - Showcase” In January of 2021 Xico hired us to create nine videos highlighting some of their most prominent artists in preparation for the grand opening of their new art gallery and workshops. The videos were meant to capture details of each artist’s journey as well as their involvement with the organization. The link below is a Vimeo showcase we created that includes all of the videos produced for the campaign. https://vimeo.com/showcase/8741965 “Getty Images / AirBnb - Mountain Bliss Yoga Hike” WulfenBear Media provided video and photography services to AirBnb through Getty Images in creating promotional videos and photos of different AirBnb Experiences. https://www.airbnb.com/experiences/246006 “Defining Wellness - Video Marketing Campaign” Defining Wellness Treatment Centers is a substance abuse treatment facility in Jackson, Mississippi that focuses on helping individuals struggling with addiction regain a sense of balance in their lives. Defining Wellness hired us to create a series of videos outlining the owner’s vision, the company philosophy, and several other videos detailing the specific programs and modalities offered. https://vimeo.com/showcase/8755343 “The Jason Mitchell Group - Video Marketing Campaign” The Jason Mitchell Group is a Scottsdale based realty brokerage firm. We have created content for The Jason Mitchell Group on an ongoing basis both for internal and external marketing communications. https://vimeo.com/showcase/8755669 PHOTOGRAPHY SAMPLES Photography Samples Folder We have compiled a folder of photos that includes headshots, event photos and lifestyle photos captured for clients over the years. We have captured photography for clients in a range of industries including but not limited to; public utilities, artists, musicians, fashion, substance abuse treatment facilities, health and wellness brands and more. Photography Samples For RFP Event Photography Samples 13 VIII. REFERENCES Xico contact info: Donna Valdes / Executive Director Email:d.valdes@xicoinc.org Phone:602-692-5442 Defining Wellness contact info: Robin Daniels / Owner Email:robin@definingwellness.com Phone:769.241.2601 Jason Mitchell Group contact info: Sarah Valentine / Social Media Director Email:svalentine@jasonmitchellgroup.com Phone: 312-852-7355 Getty Images contact info: Nikki Krivanek / Producer Email:nikki.krivanek@gettyimages.com Phone:201-450-6359 14