15-211 Zesty Media, Inc., dba Evolve Media, Agreement for Video Production ServicesI ST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
ZESTY MEDIA, INC., DBA EVOLVE MEDIA FOR CONTRACT SERVICES
THIS AGREEMENT, for reference dated August 11, 2016, is by and between CITY OF
CUPERTlNO, a municipal corporation (hereinafter referred to as "City"), and
ZESTY MEDIA, lNC., DBA EVOLVE MEDIA, a California corporation, whose address is 39
Mesa Street, Suite 101, San Francisco, California 94129 (hereinafter referred to as "Consultant"),
(collectively referred to as the "Parties").
RECITALS
1. TERM:
The term of this Agreement shall commence on December 17, 2015, and shall terminate
on August 31, 2016, unless terminated earlier as set forth herein.
City and Consultant desire to modify the Agreement on the terms and conditions set forth herein .
The term of this Agreement is modified to:
The term of this Agreement shall commence on December 17 , 2015 , and shall terminate on
August 31 , 2016, unless terminated er>:!ier as set forth herein.
lN WITNESS WHEREOF , the parties have caused the Agreement to be executed.
CONSULTANT
Tommy Maples
Zesty Media, Inc., dba Evolve Media
39 Mesa Street, Suite 101
San Francisco, CA 94129
CITY OF CUPERTlNO
A Municipal Corporation
By_,_....-~~~~--~~~~
Titl . City Manager
Date: August 11 , 2016
By~-...i'--~~~~~~i.....::;;.....
Title_~--------
APPROVED AS TO FORM:
~City Attorney
ATTEST:
~t
AGREEMENT BETWEEN THE (,'JTY OF CUPERTINO AND
ZESTY ME.DIA, INC., DBA EVOLVE MEDIA PRODUCTION FOR
VIDEO PRODUCTION SERVICES
THIS AGREEMENT, is entered into this 17th day of December, 2015, by and
between the CITY OF CUPERTINO, a CaJifornia municipal corporation ("City"), and
ZESTY MEDIA, INC., DBA EVOLVE MEDIA, a California corporation, whose address
is 39 Mesa Street, Suite 101, San Francisco, California 94129 (hereinafter referred to as
"Consultant") (collectively referred to as Hie "Parties").
RECITAIS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as it is
now being conducted under the Constitution and the statutes of the State of California
and the Cupertino MunicipaJ Code.
B. Consultant is speciaJly trained, experienced and competent to perform
the special services which will be required by this Agreement.
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
Il. r;uy: and Consultant desire to enter into an agreement for videq
produclion services upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1.TERM
The term of this Agreement shall commence on December 17, 2015, and shall
tenninate on June 30, 2016, unless terminated earlier as set fmth herein.
2. SERYICES TO BE PERPORMED
Consultant shall petform each and every service set forth in Exhibit "A" pursuant
to the schedule of performance set forth therein, attached hereto and incorporated herein
by this reference.
3. COMPENSATIQN TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed seventeen thousand dollars ($17,000.00) based
on the rates and terms set forth in Exhibit "A," which is attached hereto and incorporated
herein by this reference.
4. STANDARD OF' CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of specially trained professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified and
experienced personnel who are not employed by the City nor have any contractual
relationship with City.
5. INDEPENDilliT PARTIES
City and Consultant intend that the relationship between them created by this
. .
Agreement is that of an independent contractor. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. No civil service
status or other right of employment will be acquired by virtue of Consultant's services.
None of the benefits provided by City to its employees, including but not limited to,
unempfoyment insurance, workers• compensation plans, vacation and sick leave are
available from City to Consultant, its employees or agents. Deductions shall not be made
for any state or federal taxes, FlCA payments, PERS payments, or other purposes
normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
6. IMMIGRATION REFORM AND CONTROL ACT (I.RCA)
Consultant a<Jsurnes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees pe1forrning work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, cost<; or expenses arising from any noncompliance of this provision by
Consultant.
7. NQN~DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor on the
basis of race, religious creed, color, national origin, ancestry, handicap, disability, tn¥ital
status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant
agrees that any and all violations of this provision shall constitute a material breach of
this Agreement.
8. HQLll.HARMLESS
A .. S.tand..m:d.Jndemnifkm:ion:
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed
in connection with the Agreement, indemnify, defend, and hold hannless the Cily and its
officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement by Consultant or Consultant's employees,
officers, officials, agents 01· independent contractors. Such costs and expenses shall
include reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation. The acceptance of the Services by City shall not operate as a
waiver of the right of indemnification. The provisions of this Section survive the
completion of the Services or termination of this Contract.
B. Claims..inv.nhdng_int.ellt:ci:J.mLpr.ope1:.t.y.:. In addition to the obligations set forth
in (A) above, Consultant shall indemnify, defend, and hold the City, its elected and
appointed officers, employees, and volunteers, harmless from and against any Claim in
which a violation of intellectual property rights, including but not limited to copyright or
patent rights, is alleged that arises out of, pertains to, or relates to Consultant's
negligence, recklessness or willful misconduct under this Agreement. Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees
and all other costs a11d fees of litigation.
9. INfilIM.l'iCE:
A. &neraLR~llirl!mems. On or before the commencement of the term of this
A r"l:it-•a.a.,......anf" r,....,n~olt~ .... '\.t f'hrill ·fu...-n11:1h r;t..J n1ith ,. .. ca..,,..,.:.i.;'""..,f-~1.·· ('Ohl'"\.tlff: •. .,lr i·hA f'"ono f''HY'll.r"\.UM'i-
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class of operations covered, effective dates and dates of expiration of insurance coverage
in compliance with the requirements listed in Exhibit "B". Such certificates, which do
not limit Consultant's indemnificatiori, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,
Attention: City Manager." Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
B. Sl!brogation Waiver. Consultant agrees that in the event of loss due to
any of the perils for which he/she has agreed to provide comprehensive general and
automotive liability insurance, Consultant shall look solely to his/her insurance for
recovery. Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insumnce to either Consultant or City
with respect to the services of Consultant herein, a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
C. Faily.rn to secure or maintain insurance. If Consultant at any time dming
the term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance
premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums bave not been paid.
D. Additional Insured. City, its City Council, boards and commissions,
officers, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such
additional insured. Ao additional insured named herein shall not be held liable for any
premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not be
required to contribute anything toward any loss or expense covered by the insurance
provided by this policy.
E. Suffic;i!KnGY. o:( Insurruice. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
F. Maximum C'~ge and Limits. It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the
specified minimum Insurance coverage requirements and/or limits shall be available to
the additional insured City. Furthermore, the requirements for coverage and limits shall
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured, whichever is greater.
10. CONELICT OF INTEREST.
Consultant warrants that it presently has no interest, fmd will not acquire any
interest, direct or indirect, :financial or othe1wise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conllict of interest form if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of
the California Code of Regulations.
ll. PROIDBITION. AGAINST TRANSEERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly fumished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or colenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
12. J:lERMITS AND IJCEJSSES.
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate pennits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
13. YIDED AND/QR REPORTS
A. Each and every video, report, draft, work product, map, record and
other document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shalJ not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any repm·t
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of: (l) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the 01iginal
project; and/or (4) Other City projects ai:; City deems appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. The City grans permission to Evolve Media the right to enter any Report
in a professional design competition, and to include iL in a professional portfolio.
14. )LNVI;tlO~MENTALLY l'REFF;RABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and
re.cycledlremanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds {VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet
15.NOTICES
Green Seal's Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal
waste reduction and reuse protocols.
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when deHvered
personally or on the second business day after the deposit thereof in the United St:ates
MaiJ, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall he addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Rick Kitson
TO CONSULTANT:
Tommy Maples
Zesty Media Inc., dba Evolve Media
39 Mesa Street, Suite 101
San Francisco, CA 94129
16. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth in City's written notice of default,
and in addition to any other remedy available to the City by law, the City Manager may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option, at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant as provided herein. Upon receipt of any notice of
termination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily perfonned up to the effective
date of termination. If the termination is for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant's failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
Consultant or given to Consultant, in connection with this Agreement. Such materials
shall become the property of City.
17. COMP.LIAN.CE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
18. C.ONELICT.1lF_LA.W.
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
r".-ilif..-t"nio
1
'-i:llllVHUa.
19. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, adve1tising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
20.WAIYER
A waiver by City of <my breach of any tenn, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
21. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions hereof. Any modification of this Agreement
will be effective only by written execution signed by both City and Consultant.
22. AIITHO.RI.TY
The individual(s) executing this Agreement represent and wa1Tant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
23. INSE"RTED PR OV..L..'illl!SS.
Each provision and clause required by law to be inserted into the Agreemenl shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
24. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSUI.:TANT
CITY OF CUPERTINO :YMupon£--
~~~:-:7Zt ~ J? t~~L/
[]Over $175.000-Council Apprnval Required
[] pver $45,000-Department Head Approval Required
i5'lJp to $45,000-Designated Supervisor A1>proval Required
RECOMMENDED FOR APPROVAL
APPROVED AS TO FORM:
ATTEST: r-rr-t 0
C!WAV
""Qi)j~\\~in&l4sst@r-
~City Attorney
Exhibits; (Check box for exhibits tl1nl apply to this contract and attach}
Exhibit "A"-· Scope of Se1·vices, Schedule of Performance and Compensation
Exhibit "B" -·Insurance
Exhibit.A.
S!;Qpe of Services/Performance Schedule/Compensation
Creative Services, Pre-Production, And Post, dnled November 14, 2015
ExhibitB
~.JW.:runmlts..and Proof fif..InSJUJtru:e
Proof of insurance coverage described below is attached to this Exhibit, with City named
as additional insured.
Exhibit A
Creative Services
Pre-Production, Production, & Post
CUPERTINO
Version 1 • November 14th, 2015
Presented by :
Evolve Media Production
415-324-5002
39 Mesa St., Suite 101
San Francisco, CA, 94129
Evolve Media Production San Francisco I New York I Los Angeles T 866-686-1117 F 415-829-7661 www.Evofvemedja ty
Project Scope & Detail
Evolve Media thanks you for the opportunity to be a part of your upcoming production. We look forward to
creating stylish, high-quality videos to educate viewers on the City of Cupertino's Transportation Initiative.
We also look forward to building a long, strong relationship with your team.
Four Two-Minute Time-Lapse /llustration Videos
Evolve Media has estimated a total of a 5 day shoot in a TBD location. Evolve will produce four two-
minute videos using a combination of live-action, time-lapse illustration, props, mixed media, and anima-
tion. The total combined runtime of the videos will be approximately eight minutes. All videos will be shot
in the same 5 day production period. This cost estimate includes all staff and assets required to produce a
professional video.
Evolve Media Responsibilities
VIDEO
The responsibility of Evolve Media is to shoot and edit professional quality content. This quote includes
the hiring of our camera people, our production crew, and the hiring of our visual effects team, editing and
post-production staff. This quote also includes titles and graphics.
Upon completion the video will be prepped and ready for both HDTV use and Internet distribution. The
final product will be exported to a master 1 OBOp Quicktime and compressed for the web.
PRE-PRODUCTION
Evolve Media will assist the City of Cupertino with the various phases of pre-production. This will include
scheduling, planning, budgeting, and storyboarding assistance. A professional producer/director, illustra-
tor, live-action production, and animation crew will be provided for this project.
Timeline for steps 1-7 is approximately two to three weeks. (Some steps may not apply as some
concepting has taken place in advance.)
Step 1 -Meeting to brainstorm, concepts, and understand branding & vision
Step 2 -Evolve Media develops the concept selected by client
Step 3 -Scripting begins
Step 4 -Rough draft of script is submitted for review
Step 5 -Second draft of script is submitted for review
Step 6 -Final draft of script is submitted for approval (script is locked)
Step 7 -Storyboarding begins. Two rounds of review/notes. Storyboards are approved (locked)
PRODUCTION
A professional production crew will be provided for this shoot. Evolve Media estimates a total maximum of
one shooting day.
Evolve Media will provide the following crew for your project:
• 1 Producer/Director
• 1 Director of Photography
1 Grip/Electrician
1 Illustrator
• 1 Editor
• 1 2D Motion Graphic Artist/Animator
Evolve Media Production San Francisco I New York I Los Angeles T866-686-1117 F415-829-7661 wwwEvolvemedjatv
POST PRODUCTION
Full edit, including titles, and effects, will be provided for completion of the video.
Timeline for steps 1 - 7 is approximately two to four weeks.
Step 1 -Rough cut of videos is submitted to client for review and feedback. (Timing of visuals to VO only.)
Step 2 -2nd cut of videos is submitted to client for review and feedback. (Timing of visuals to VO only.)
Step 3 -Timing of visuals to VO approved. Timing is locked. Animation begins.
Step 4 -First cut of video with animation, music, and sound design submitted for review and feedback.
Step 5 -Second cut of video with animation, music, and sound design submitted for review and feedback.
Step 6 -Client provides animation and graphics feedback
Step 7 -Final cut of video is submitted to the client for review and approval.
**Evolve Media will deliver the first two-minute video by Wednesday. January 27. 2016.**
RESPONSIBILITIES
A fee of $100 per hour will be assessed in the case that Evolve Media has to research or find materials
for the production above and beyond what is reasonable. This includes finding and purchasing stock im-
ages and video that is not shot by Evolve Media.
Evolve Media Production San Francisco I New York I Los Angeles T 866-686-1117 F 415-829-7661 www Evolvemedja tv
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Pricing Schedule ;
Pre-Production
Quantity Description Amount Rate
1 PrePro Planning, Scheduling, Budgeting, Storyboarding Lump $1000
1 Illustrator Lump $3000
1 Props/Materials/Rental/Supplies Lump $500
Lump
-------
Subtotal $4,500
Production
Quantity Description Amount Rate
1 Producer I Director Lump $2000
1 Full Field Production Crew Day $1500
-----f--·
1 Camera/Lighting/ Audio Rental Lump $2000
Subtotal $5,500
Post-Production
Quantity Description Amount Rate
1 2D Animation, Motion Graphics, Color Correction (4) Lump $3000
1 Full Edit (4) Lump $2000
1 Sound Design I Music Edit (4) Lump $1500
1 Music Licensing (4) Lump $500
----
Subtotal $7000
--
FINAL AMOUNT= $17.000
Evolve Media Production San Francisco I New York I Los Angeles T 866-686-1117 F 415-829-7661 www Evolvemedia tv
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Terms & Conditions
1
These terms and conditions along with the above production information apply to the referenced proposal. The ref-
erenced proposal details specific production scope. Evolve Media classifies a full production day as up to ten-hours
including travel, and a half day as four hours including travel. Overtime will be applied based on the terms of this
proposal and the length of actual production time.
Two payments will be paid for final production delivery. The first payment is a non-refundable deposit of one-half the
production costs required to schedule the pre-production start date. This payment reserves our professional ser-
vices for the undersigned. The second and final payment is due upon completion of the project. In the case of a re-
schedule of the production date once reserved, a minimum cancellation fee will be assessed.
All original content recorded for this program (video and/or audio) is licensed exclusively to the Client. Evolve Media
will keep this original content on its premises for 3 months, unless and until Client requests that it be delivered to the
Client.
Client grants Evolve Media the right to enter the program or excerpts in professional design competitions, and to
include in the portfolio of its work shown to prospective clients.
Client takes responsibility for rights clearance for all content materials it provides for the program, as well as by staff
members depicted in the program. Evolve Media will take responsibility for rights clearance for all graphic design
elements, archival video clips, and music tracks that Evolve Media acquires for the project, as well as for talent em-
ployed for the program.
Client shall be fully available to Evolve Media to answer questions, provide clarification, promptly attend to revision
rounds, and in all other ways contribute to Evolve Media delivering accepted project on delivery date.
Once Client signs this contract and in keeping with delivery date, any deviation or delay there from caused by the
Client or Client's customer shall be considered unreasonable and any costs for said delay shall be charged to the
production budget over and above the original grand total of said budget.
Evolve Media will provide client with two review/edit sessions after the rough-cut is completed. Additional edits or
time editing beyond the two sessions provided in this contract will be charged based on Evolve Media's standard
rates. Client agrees to pay full balance due if the review of the video exceeds two weeks from the date of most recent
edit.
No productions are permitted to exit the studios until the final payment has been received. All productions have
been inspected, reviewed, and approved prior to exiting the studios and are considered final. Any changes thereafter
are considered additional post-production work above and beyond the contracted obligation of Evolve Media.
Evolve Media Production San Francisco I New York I Los Angeles T 866-686-1117 F 415-829-7661 www Evolvemedja tv
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1
Consultant sh.all maintain the following minimum insurance coverage:
A. C.!1Y_ERA.G.E.:
( 1 ) .WJlrlw:it...C.run(Ufilsati.on:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, comhinecl single limit policy with aggregate limits in the.
amounts of $1 ,000,000 will be considered equivalent lo the required
minimum limits shown above.
( 3) .AnJ.run.o.ti.'l(fl:
Comprehensive automotive liability coverage in lhe following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
Exhibit B