Ordinance No. 13,171ORDINANCE NO. 13,171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PRODUCTION AGREEMENT WITH TEXAS - PICTURES FOR A
FEATURE- LENGTH DOCUMENTARY FILM ENTITLED "THE LAST HIGH"
DESCRIBING THE DANGERS OF SYNTHETIC MARIJUANA; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY -ONE
THOUSAND TWO HUNDRED EIGHTY AND NO /100 DOLLARS
($61,280.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Production Agreement with Texas -
Pictures for a feature - length documentary film entitled "The Last High" describing the dangers of
synthetic Marijuana. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein
for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Texas -
Pictures in the amount of SIXTY -ONE THOUSAND TWO HUNDRED EIGHTY AND NO,/100
DOLLARS ($61,280.00) for professional services in accordance with the agreement authorized in Section
1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25 %).
Section 4: This ordinance shall take effect immediately and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativ vote of the City Council of the City of
Baytown this the 14'' day of April, 2016.
A ST:
ETICIA BRYSCH, City tjrk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., i< y Attorney
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H. DONCARLOS, Mayor
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Exhibit "A"
PRODUCTION AGREEMENT
Between
City of Baytown and Texas Pictures
1. Parties
This Production Agreement (this "Agreement ") is made and entered into this day of
. 2016, by and between the City of Baytown, Texas, hereinafter referred to as
"Client," having its principal place of business at 2401 !Market Street. Baytown, Texas 77520.
and Texas - Pictures, hereinafter referred to as "Producer." having its principal place of business
at 2323 Clear Lake City Blvd., Suite 180 -219, I Iouston, Texas 77062.
2. Independent Contractor
The execution of this Agreement and the rendering of services prescribed by this
Agreement do not change the independent status of Client or Producer. No provision of this
Agreement or act of Client in performance of the Agreement shall be construed as making
Producer the agent, servant or employee of Client. Emplo)ees, interns and volunteers of
Producer are subject to the exclusive control and supervision of Producer. Producer is solely
responsible for employee payrolls and claims arising therefrom. Producer shall notify Client of
the threat of lawsuit or of any actual suit filed against Producer pertaining to this Agreement or
which would adversely affect Producer's ability to perform services under this Agreement.
3. Scope of Services; The Project
The services to be performed by Producer are outlined in Exhibit A, Description of
Services, which is incorporated by reference herein as if fully copied.
4. Performance Period
This Agreement shall be performed during the period which begins
and ends , according to Exhibit B.
Production Time Line, which is incorporated herein as if fully copied. The work under this
Agreement shall begin immediately following the signing of this document by both parties.
5. Payments
Producer agrees that payments are predicated upon properly documented and verified
proof of performance delivered in accordance with the terms of this Agreement and shall be paid
within thirty (30) days after dates specified in the Production Time Line established in Exhibit B.
Any expenses not included in the Description of Services. Exhibit A. will be submitted in writing
and approved in advance in writing by Client.
Contract - COB and Texas- Pictures, Page I
Any funds donated and/or allocated for the production of this documentary from any
source other than the City of Baytown %%ill be forwarded to the City of Baytown and deposited.
Additional project recommendations or promotions may be agreed to b) both parties in writing if
excess funds are available.
6. Subcontracts
Except as may be set forth in the Special Provisions, Producer agrees not to subcontract,
assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title,
obligation or interest it may have therein to any third party without prior written approval of
Client. Producer acknowledges that Client is not liable to any subcontractor of Producer.
Producer shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and proN isions of this Agreement as if the performance rendered
was rendered by Producer.
7. Changes and Amendments
Client may, from time to time, require changes in the scope of the sen'ices of Producer to
be performed hereunder. Such changes that are mutually agreed upon by and bet%Neen Client and
Producer in writing shall be incorporated into this Agreement.
8. Copyright and Ownership
Except as otherwise provided herein, Client and Producer jointly own all right, title and
interest in and to the products which are the subject of this Agreement, including all cop3 rights
therein. Client owns all the raw footage, exposed negatives, positives, out -takes and clips.
Either Client or Producer may grant nonexclusive use licenses to others for the film product
produced in this project. Neither Client nor Producer shall grant an exclusive license for tile use
of the film product produced in this project.
Producer agrees to provide Client NNith copies of all licenses and rights to use any
copyrighted material included in the final product of this agreement. Producer will make sure
that all such copyrighted material used in the final product will be useable by Client for all
purposes as a part of the final product and that such use will be royalty -free.
9. Indemnity
PRODUCER AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS
AND DEFEND CLIENT, ITS OFFICERS, AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND
Contract_- COLT and Texas- Pictures, Page 2
ATTORNEYS' FEES, FOR DAMAGE TO ANY PROPERTY, LOSS OF
REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY
PRODUCER PURSUANT TO THIS AGREEMENT, THE CONDUCT OR
MANAGEMENT OF PRODUCER'S ACTIVITIES, OR FROM ANY ACT
OR OMISSION BY PRODUCER, ITS AGENTS, EMPLOYEES,
VOLUNTEERS, OR SUBCONTRACTORS, WHERE SUCH DAMAGES,
LOSSES OR INJURIES ARE CAUSED BY THE JOINT OR SOLE
NEGLIGENCE OF PRODUCER. IT IS THE EXPRESSED INTENTION
OF THE PARTIES HERETO, BOTH PRODUCER AND CLIENT, THAT
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH 1S
INDEMNITY BY PRODUCER TO INDEMNIFY AND PROTECT CLIENT
FROM THE CONSEQUENCES OF PRODUCER'S SOLE OR JOINT
NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR
IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO CLIENT
FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND
LIABILITY WHERE THE INJURY, LOSS OR DAMAGE RESULTS
FROM THE SOLE NEGLIGENCE OF CLIENT, UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY.
10. Release
By this Agreement. Client does not consent to litigation or suit, and Client hereby expressly
revokes any consent to litigation that it may have granted by the terms of this Agreement or any
other contract or agreement, any charter, or applicable state law. Nothing contained herein shall be
construed in any wa)- so as to waive in whole or part Client's sovereign immunity. Producer
assumes full responsibility for its obligations under this Agreement performed hereunder and hereby
releases, relinquishes, discharges, and holds harmless Client, its officers, agents, and employees
from all claims, demands, and causes of action of every kind and character. including the cost of
defense thereof, for any injury to or death of any person (whether they be either of the parties
hereto, their employees, or other third parties) and any loss of or damage to property (whether the
property be that of either of the parties hereto, their emplo)ees, or other third parties) that is caused
b) or alleged to be caused by, arising out of, or in connection with Producer's work to be performed
hereunder. This release shall apply with respect to Producer's work regardless of whether said
claims, demands, and causes of action are covered in whole or in part by insurance.
11. Insurance
Throughout the term of this Agreement. Producer shall maintain the following insurance
coverage for work performed or services rendered under this Agreement. Said insurance shall
coN er all persons involved in the production whether such persons are paid employees.
Contract - COB and Texas- Pictures, Page 3
independent contractors or volunteers. Producer's insurance coverage shall be primary insurance
with respect to Client, its officials, employees and agents, who shall be named as additional
insureds. Any insurance or self - insurance maintained by Client, its officials, employees or
agents shall be considered in excess of producer's insurance and shall not contribute to it.
The following is a list of standard insurance policies along with their respective minimum
coN erage amounts required in this Agreement to be maintained by Producer and any of its
subcontractors during the term hereof:
1. Commercial General Liability
low General Aggregate: $2,000.000
Aw Per Occurrence: $1.000,000
Irl Products & Completed Operations Aggregate: $1,000.000
r Personal & Advertising Injury: $1,000,000
r Coverage shall be broad form CG1.
Al No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
A, Waiver of Subrogation required.
2. Workers' Compensation Insurance
low Since Producer currently is not required by law to obtain a Workers'
Compensation policy, the Producer shall sign an affidavit to such effect
and shall not be required to provide evidence of a workers' compensation
policy. However, should the Producer subsequently hire employee(s)
during the term of the contract, the Producer shall immediately procure
and maintain Workers' Compensation Insurance as required herein if
required by state law, unless the Producer has chosen to opt out of such
coverage through the Department of Insurance's Division of Worker's
Compensation and proof of such opt out is provided.
Employer's Liability: $1,000.000
.- Waiver of Subrogation required
3. Automobile Policy
r Combined Single Limits: $1,000,000 coverage for "Any Auto''
Individual full coverage for each personal automobile used during the
project
r %Vaiver of Subrogation required
Upon execution of this Agreement, Producer shall File with Client valid Certificates of
Insurance and endorsements acceptable to Client meeting all of the requirements herein.
Additionally, the following shall be applicable to the insurance provided by Producer.
r Insurance carrier must have an A.M. Best Rating of A-: VII or better.
.- Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
r Liabilit) policies must be on occurrence form.
Contract - COB and Texas- Pictures, Page 4
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to Client.
•- Client and its officers and employees are to be added as Additional
Insured to liability policies.
•- Upon request, and without cost to Client, certified copies of all insurance
policies and /or certificates of insurance shall be furnished to Client.
.- All insurance required under this section shall be secured and maintained
in a company or companies satisfactory to Client.
12. Non -wig aiver
Failure of Client to declare any default immediately upon occurrence thereof, or delay in
taking action in connection therewith. shall not %%give such default, but Client shall ha%e the right
to declare any such default at any time and take such action as might be lawful or authorized
hereunder, either in law or in equity.
13. Termination
Producer acknowledges that this Agreement may be terminated under the following
circumstances:
A. Convenience Client may terminate this Agreement in whole or in part without cause at
any time by written notice by certified mail to Producer whenc% -er for any reason Client
determines that such termination is in the best interests of Client. Upon receipt of notice
of termination, all services hereunder of the Contractor and its employees and
subcontractors shall cease to the extent specified in the notice of termination. In the
event of termination in whole. Producer shall prepare a final invoice within 30 days of
such termination reflecting the services actually performed which have not appeared on
any prior invoice, such invoice shall be satisfactory to Client. After receipt of the invoice
and all work product associated with the work performed by Producer hereunder. Client
agrees to pay Producer, in accordance with the terms of the Agreement, for scr\ °ices
actually performed and accruing to the benefit of Client, less payment of any
compensation previously paid.
B. Cause. Client may. by written notice of default to Producer, terminate the whole or any
part of the Agreement in any one of the following circumstances:
If Producer fails to timely perform any obligation imposed upon Producer herein
and does not cure such default within fifteen (15) days (unless another period of
time is specified) after written notice describing the default in reasonable detail
has been given: or
2. If Producer makes or attempts to make an) assignment of this Agreement \a ithout
the prior written approval of Client.
Contract - COB and 'Texas- Pictures. Page 5
In the event of such termination, all services of' Producer and its employees and
subcontractors shall cease and Producer shall prepare a final invoice reflecting the
services actually performed pursuant to the Agreement which have not appeared on an)
prior invoice. Such inoice must be satisfactory to Client. Client agrees to pay Producer.
in accordance with the terms of this Agreement, for services actually performed and
accruing to the benefit of Client as reflected on said invoice, less payment of any
compensation pre%iousl) paid and less any costs or damages incurred b) Client as a result
Of such default, including incremental costs that Client will incur to have the Agreement
completed by a person other than Producer.
14. Remedies Cumulative
All rights and remedies of Client and or Producer under this Agreement shall be
cunutlati,, a and none shall exclude any other rights or remedies allowed by law.
15. No Arbitration.
Notwithstanding anything to the contrary contained in this Agreement, Client and Producer
hereby agree that no claim or dispute bet,.Neen Client and Producer arising out of or relating to this
Agreement shall be decided b) any arbitration proceeding including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable State
arbitration statute, including, but not limited to. the Texas General Arbitration Act, provided that in
the event that Client is subjected to an arbitration proceeding notwithstanding this provision.
Producer consents to be joined in the arbitration proceeding if Producer's presence is required or
requested by Client for complete relief to be recorded in the arbitration proceeding.
16. Examination of Records
Producer shall maintain during the course of the %Mork, complete and accurate records of
all of Producer's costs and documentation of items which are chargeable to Client under this
Agreement. Client, tlu-ough its staff or designated public accounting firm, shall have the right at
any reasonable time to inspect, cop) and audit those records on or off the premises by authorized
representatives of its own or any public accounting firm selected b) it. Tile right of access to
records is not limited to the required retention period, but shall last as long as the records are
retained. Failure to provide access to records ma) be cause for termination of the Agreement.
Producer further agrees to include in any permitted subcontracts, a provision to the effect that the
subcontractor agrees that Client and its duly authorized representatives shall, until the expiration
of seven (7) years after final payment under the subcontract or until all audit findings have been
resolved, have access to and the right to examine and cop) any directly pertinent books,
documents, papers, in oices and records of such subcontractor involving transactions relating to
the subcontract.
Contract - COB and Texas- Pictures, Pagc 6
17. Retention of Records
Producer shall maintain all records pertinent to this Agreement for a period of at least
seven (7) calendar years from the date of acceptance of the final contract closeout. If any
litigation, claim, negotiation, audit or other action involving the records has been started before
the expiration of the retention period, the records shall be retained until completion of the action
and resolution of all issues which arise from it, or until the end of the regular four (4) year
period, whichever is later.
18. Notice
Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in %witing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CLIENT
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
PRODUCER
Texas- Pictures
Attn: Glen Muse
2323 Clear Lake City Blvd., Suite 180 -219
I Iouston, Texas 77062
19. Severability
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which
shall continue in full force and effect.
20. Force'IMiajeure
I o the extent that either party to this Agreement shall be wholly or partially prevented
from the performance within the term specified of any obligation or duty placed on such party by
reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection,
accident, order of any court, act of God, or specific cause reasonably beyond the party's control
and not attributable to its neglect or nonfeasance, in such event, the time for the performance of
such obligation or duty shall be suspended until such disability to perform is removed.
Determination of force majeure shall rest solely with Client.
Contract - COB and Texas - Pictures, Page 7
21. Titles Not Restricti- e
The titles assigned to the various Articles of this Agreement are for convenience only.
Titles shall not be considered restrictivc of the subjective matter of any Article. or part of this
Agreement.
22. Ambiguities.
In the ex ent of any ambiguit) in and of the terms of this Agreement. it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
23. Governing Law; Venue
']'his Agreement shall be governed by the laws of the State of Texas. Venue and
Jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall
lie exclusively in Harris County. Texas.
2.1. Whole Agreement
The General Provisions and Exhibits provided herein constitute the complete agreement
between the parties hereto, and supersede any and all oral and written agreements between the
parties relating to matters herein. This Agreement cannot be modified without the written
consent of the parties.
25. Agreement Read.
The parties acknowledge that they have read. understand and intend to be bound by the
terms and conditions of this Agreement.
26. Legal Authority
Producer warrants and assures Client that it possesses adequate legal authority to enter
into this Agreement and to bind Producer to the terms of this Agreement and any subsequent
amendments hereto.
Client and Producer haN a executed the Agreement as of the date first above written.
Cl FY OF BAY I OWN
RICHARD L. DAVIS. City Manager
Contract - COB and "Texas- Pictures, Page 8
ATTEST:
LETICIA BRYSC11. City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIRE7, SR.. City Attorne)
TEXAS - PICTURES
MICHAEL GLEN MUSE. d /b /a
Texas- Pictures
S-fA "1 F OF TEXAS
COUNTY OF 3ELL
Before tile, tM4(tv- K - TNO+�.ltr� , the undersigned notary public, on this clay personally appeared
MICHAEL GLEN MUSE, on behalf of TEXAS- PICTURES.
kno%%n to me:
proved to me on the oath of ; or
X proved to me through his./her current T_Ex f>> D, 'XtJ C_a S _L ► C CN S I`
(description of identification card or other document issued b) the federal government or
an) state government that contains the photograph and signature of the acknowledging
person 6
(check one)
to be the person whose name is subscribed to the foregoing instrument, and ackno%%ledged to me that
he'she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of iA P W_t ` .201 4
MARK K. THOMTON
�a��rA ?oast Notary PubIIC. State of Texas
Comm Expires 12.092019 'votary Public in and for the
Notary ID 130463826
State of Texas
My commission expires:
R: Deanic Documentary Contract - I exas Pictures.docx
Contract - COB and Texas- Pictures. Page 9
EXHIBIT A
DESCRIPTION OF SERVICES
PROJECT
Producer hereby agrees to produce and deliver to Client the production of the below referenced
media(s) ( "Documentary"), subject to and in accordance with all terms, conditions, and
specifications set forth herein and in the budget for this Documentary.
Producer agrees to create for Client a feature- length documentary entitled "The Last High," that
presents a comprehensive overview of the use of and risks associated with synthetic marijuana to
an audience of potential synthetic marijuana users as well as the general public. The
documentary will be produced in English, but translated to Spanish and delivered in English and
Spanish.
The documentary, ( "Project ") will be in a format suitable for national audiences and will present
all information through on- camera interviews with relevant subjects. The audience will receive
first -hand information from people with knowledge.
The interview subjects will appear to speak directly to the camera directly to the audience by
employing an interview technique called, straight -to- camera.
Interviews will be conducted with synthetic marijuana users and family members, synthetic
marijuana sellers, subject matter experts, paramedics and emergency medical staff, law
enforcement officers, human behavior experts and others. The Documentary will include
thoughtfully selected interview clips and impactful supporting visuals accompanied by original
music to effectively tell this important story.
The questions from the interviewer will be general and open- ended, and structured to produce
answers that stand on their own. In the finished program, the audience will never hear the
interviewer's question, but will understand what the question was by the answer the subject
gives.
PRODUCTION
Producer will develop the content of this documentary by gathering information from interview
subjects and others, as well as regularly consulting with subject matter experts to ensure the
information provided is accurate and relevant to the audience. All of the content of the finished
production will be reviewed and approved by Client before final release.
Producer will assemble a team of high school and/or college -age students to serve as interns
throughout the production of this documentary. The team will consist entirely of student
volunteers who have an interest in the topic, journalism, and/or filmmaking. The team members
will be agents of Producer and will have no direct connection to Client or other stakeholders in
the production. Managing this student team will be the sole responsibility of Producer. Client
will have the option to object to any particular volunteer for good cause.
Exhibit A, Page 1
SUBTOPICS
This documentary will explore key subtopics throughout the production.
A. THE USERS
The documentary will present who uses synthetic marijuana and why. Workers will
explain that they use synthetic marijuana because it does not show up in drug tests.
Marijuana users will explain that they use synthetic marijuana to achieve a greater high.
Others will explain that they use synthetic marijuana because it seems like a safer
alternative to marijuana.
Interview Subjects
Adult users (industrial employees) Teens looking for greater high
Teens considering it a safe alternative Other users
Supporting Visuals
Synthetic marijuana in use
Synthetic marijuana packaging
Drug testing footage
B. THE SOURCES
Industrial settings
Marijuana use
General school settings
The documentary will investigate the sources of synthetic marijuana and will explore
why they produce and sell synthetic marijuana. The documentary will focus primarily on
the street -level sellers who put the synthetic marijuana in the users' hands and convince
customers that synthetic marijuana is safe. Sellers will describe their own customers as
gullible and stupid. Law enforcement representatives will explain how dealers trick
customers into believing misleading and/or false information.
Interview Subjects
Synthetic marijuana sellers
Law enforcement
Supporting Visuals
Synthetic marijuana in use
Synthetic marijuana packaging
Drug testing footage
Synthetic marijuana producers
Prosecutors
General industrial settings
Marijuana use
General school settings
C. THE RISKS
The documentary will explore the many potential health risks associated with the use of
synthetic marijuana, with an emphasis on the unpredictable nature of the product. The
audience will witness synthetic marijuana users struggle with their words to explain how
their last high changed their lives forever. The audience will learn from Emergency
Medical Technicians about how frequently they are called to synthetic marijuana
overdoses and will hear from Emergency Room personnel how frequently terrified
synthetic marijuana users who believe they have overdosed admit themselves for
emergency treatment.
Exhibit A, Page 2
Interview Subjects
Synthetic marijuana users
Law enforcement
Doctors / Medial staff
Supporting Visuals
General ambulance footage
Synthetic marijuana use
EMTs
ER personnel
General ER scenes
General party environments
D. THE IMPACT
The documentary will present the brutal, painful facts regarding the life - changing impact
synthetic marijuana can have on users and their families. The audience will hear from
family members, users, medical professionals who provide care to users who can no
longer care for themselves and others with first -hand experience dealing with the impact
of synthetic marijuana.
Interview Subjects
Medical professionals
Family members of former users
Supporting Visuals
Former users in hospital beds
Former users in wheelchairs
Former users
Treatment representatives
Former users struggling with simple tasks
E. THE SOLUTIONS
The documentary will present the message that the first solution is to not use synthetic
marijuana; that the risk isn't worth the reward. The documentary will also explore
treatment and rehabilitation options and processes, and explore current perspectives on
life after addiction.
Interview Subjects
Former users Police officers
Treatment counselors EMTs
ER Personnel
Supporting Visuals
Scenes showing the devastating impact Counseling sessions, rehabilitation -
synthetic marijuana can have on users related scenes
and the people they love.
ADDITIONAL PRODUCTIONS
Producer will also produce a series of at least four (4) additional synthetic marijuana- related
productions from the material created during the production of this documentary. These short
Exhibit A, Page 3
features will be suitable for use to educate law enforcement, hospital staff, EMTs as well as the
general public, and may include:
Short feature - A User's Story
Short feature - The Dealers
Short feature - Tales from the ER
Documentary Trailer
Synthetic Marijuana Overview for Educators
Synthetic Marijuana Overview for Law Enforcement
Coming Soon Documentary Trailer
PROMOTION
Producer will promote this documentary throughout the production process. The production
team will regularly contact select media to generate reporting on TV, radio and print. Producer
will also create and maintain a Facebook page. Once the project is completed, producer will
submit the production to multiple film festivals and competitions. This proven method of
promotion should generate some degree of national exposure and may lead to national broadcast.
Producer's crews shall include one member who is also an accomplished professional
commercial photographer. Producer will create high - resolution photographs in support of the
Project and for use by Client in other applications.
COST
Producer and Client agree that the services to be performed hereunder will not exceed SIXTY -
ONE THOUSAND TWO HUNDRED EIGHTY AND NO /100 DOLLARS ($61,280.00) based
upon the following schedule:
POST PRODUCTION $16,900
Footage Review and Ingest $100.00 per hour 6 $600.00
Video Compositing/Design/Motion $200.00 per hour 10 $2,000.00
Graphics
Music license - Broadcast $500.00 production 1 $500.00
Exhibit A. Page 4
RATE
UNIT
NUMBER
TOTAL
PRE- PRODUCTION $10,400
Project Management
$80.00
per hour
30
$2,400.00
Scriptwriting
$80.00
per hour
60
$4,800.00
Translation Services
$80.00
per hour
40
$3,200.00
PROFESSIONAL TALENT $1,500
Narrator and studio Recording Session
$750.00
per hour
2
$1,500.00
FIELD PRODUCTION $21,600
Director /Cinematographer
$950.00
per day
12
$11,400.00
Production Assistant/Grip
$400.00
per day
12
$4,800.00
Camera Package
$450.00
per day
12
$5,400.00
POST PRODUCTION $16,900
Footage Review and Ingest $100.00 per hour 6 $600.00
Video Compositing/Design/Motion $200.00 per hour 10 $2,000.00
Graphics
Music license - Broadcast $500.00 production 1 $500.00
Exhibit A. Page 4
Editing
Foreign language subtitles /voiceover
High Definition mastering/archiving
DVD AND BLU -RAY AUTHORING
Video Compression to MPEG2 - DVD
Video Compression to MPEG2 - Blu -Ray
Authoring
Design
Blu -ray Media
DVD -R
PROMOTION $6,910
In- Production Press Kit Development
Finished production press kit
development
Printing (disc packaging, posters,
premiere)
Packaging Design
Disc Duplication
Film Festival Submissions
Festival Event Participation
RATE
UNIT
NUMBER
TOTAL
$200.00
per hour
60
$12,000.00
$100.00
per hour
16
$1,600.00
$200.00
complete
1
$200.00
$1,630
each
1500
$3,750.00
$10.00
per minute
60
$600.00
$10.00
per minute
60
$600.00
$150.00
per hour
4
$600.00
$90.00
per hour
4
$360.00
$25.00
per disc
2
$50.00
$10.00
per disc
2
$20.00
$90.00
per hour
4
$360.00
$90.00
per hour
2
$180.00
$1,200.00
complete
1
$1,200.00
$90.00
per hour
4
$360.00
$2.50
each
1500
$3,750.00
$100.00
each
10
$1,000.00
$600.00
each
3
$1,800.00
TOTAL: $61,280.00
GUARANTEE
Producer understands the significant investment that this kind of project represents and Producer
wants Client to feel confident that the material that Producer creates will serve them for as long
as Client wishes without fear that advancing technology will shorten the useful life of what
Producer creates. To better serve Clients, Producer guarantees that the Project will forever
perform correctly on the playback system(s) or media for which it was designed. If the
Project becomes incompatible with future versions of the intended playback system, operating
system or web environment, Producer will correct the original material and provide Client with a
properly performing version without charge.
Exhibit A. Page 5
EXHIBIT B
The Last High — Production Timeline
End of week 6 Student team assembled
Initial documentary trailer completed
Public presentations delivered to stakeholders and community
Content development begins (ongoing throughout production)
Short promotional feature completed
Web page design completed
Social media presence established
FIRST PAYMENT: $7,200.00
End of week 16 All field footage shot and delivered to city via web
All interviews shot and delivered to city via web
Original music completed and delivered to city via web
Production design completed (graphics, style) and delivered to city via web
Initial draft of packaging and promotional material and delivered to city via web
Web page goes live
Social media development continues
SECOND PAYMENT: $21,600.00
End of week 22 Initial draft of titles and credits delivered for review approval by City of Baytown
Initial draft of complete documentary delivered for review i approval by City of
Baytown
New trailer completed and delivered for review i approval by City of Baytown
Short feature completed and delivered
TIMELINE STOPS UNTIL REVISIONS OR APPROVALS RECEIVED
and second payment is received
4 weeks after Final draft of complete documentary delivered in HD and additional formats
approvals or Spanish version of complete documentary delivered
revisions received Initial submission to 8+ film festivals
Designs for promotional material, poster, disc packaging delivered
All remaining deliverables specified in project description delivered
FINAL PAYMENT: $32,480.00
All original and raw material delivered to City of Baytown upon receipt of final
payment