HomeMy WebLinkAboutDavid McMinn DBA 56th Period Production; 2025-11-03; PSALCA-26004LIBPSALCA-26004LIB
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AGREEMENT FOR LITERACY SERVICES VIDEO PRODUCTION SERVICES
DAVID MCMINN DBA 56th PERIOD PRODUCTIONS
THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of _________, 2025,
by and between the City of Carlsbad, California, a municipal corporation ("City") and David McMinn DBA
56th Period Productions, a Sole Proprietorship ("Contractor”) (collectively, the “Parties”.)
RECITALS
City requires the professional services of a consultant that is experienced in video production that
includes videography, editing, lighting, graphic design, audio, writing and technical and post-production.
Contractor has the necessary experience in providing these professional services, has submitted a
proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this
Agreement, City and Contractor agree as follows:
1.SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that
are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and
conditions set forth in this Agreement.
2.TERM
This Agreement will be effective for a period of one (1) year(s) from the date first above written.
3.COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
seven thousand dollars ($7,000). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise
provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten
percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.”
4.STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s
independent calling, and not as an employee of City. Contractor will be under the control of City only as
to the results to be accomplished.
5.INDEMNIFICATION
Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its
officers, elected and appointed officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the work described in this
Agreement caused by any willful misconduct or negligent act or omission of Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable.
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If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under California Civil Code Section
2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully
incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and,
upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability
for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of
fault.
The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or
on behalf of an injured employee under City’s self-administered workers’ compensation program is
included as a loss, expense or cost for the purposes of this section, and that this section will survive the
expiration or early termination of this Agreement.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability
insurance, a combined policy of workers' compensation, employers liability insurance, and professional
liability insurance from an insurance company authorized to transact the business of insurance in the State
of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer
on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s
Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of
Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million
dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City
Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage. The insurance will be in force during the life of this Agreement and will
not be canceled without thirty (30) days prior written notice to City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to City. The full limits
available to the named insured shall also be available and applicable to City as an additional insured.
Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City
prior to City’s execution of this Agreement.
7.NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement.
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For City
For Contractor
Name Sheila Crosby Name David McMinn
Title Deputy Library Director Title Owner
Department Library & Cultural Arts Address 339 Windy Lane
City of Carlsbad Vista, CA 92083-5761
Address 1775 Dove Lane Phone No. 760-672-3114
Carlsbad, CA 92011 Email DavidMcMinn56@gmail.com
Phone No. 442-339-5520
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☐ No ☒
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the
term of this Agreement.
10. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
11. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the
other party. City will pay Contractor's costs for services delivered up to the time of termination, if the
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services have been delivered in accordance with the Agreement.
12. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims
as set forth in the California False Claims Act, California Government Code Sections 12650, et seq., and
Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement.
13. JURISDICTIONS AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without regard to,
or application of, choice of law rules or principles. Contractor agrees and stipulates that the proper venue
and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State
Superior Court, San Diego County, California.
14. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due
under it, without the prior written consent of City.
15. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than City
and Contractor.
16. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in
writing, signed by both parties, with a statement of estimated changes in charges or time schedule.
17. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with
the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the
Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may
be executed in counterparts.
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18.AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
the State of California David McMinn DBA 56th Period Productions,
a Sole Proprietorship
By: By:
(sign here) SUZANNE SMITHSON
Library & Cultural Arts Director
DAVID MCMINN, Owner As authorized by city manager
(print name/title)
ATTEST:
By: For SHERRY FREISINGER, City Clerk
(sign here) By:
MORGEN FRY, Assistant City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A. Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
For CINDIE K. McMAHON, City Attorney
BY: _____________________________
ANAYELI ZAVALA, Deputy City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND FEE
City requests Contractor to create a professionally produced tutor orientation video to enhance and
modernize its volunteer training experience. The final product will be an 8-to-10-minute training video
highlighting the literacy program’s values, expectations, learner/tutor experiences and core components
of the tutor experience.
The video will serve as a welcoming and informative introduction to new tutors, reflecting the program’s
inclusive, respectful, and learner-centered approach and creating a vital resource that introduces new
tutors to the heart of the literacy services program—its people, its mission, and its community.
1.CITY’S CONTACT INFORMATION
•Deputy Library Director, Sheila Crosby, 442-339-5520, sheila.crosby@carlsbadca.gov
•Community Outreach Supervisor, Sandra Riggins, 442-339-5511, sandra.riggins@carlsbadca.gov
•Library administration 442-339-2011
2.CONTRACTOR DELIVERABLES
With the Contractor’s expertise and commitment to meaningful storytelling, the Contractor will deliver a
professional, engaging 8-to-10-minute tutorial orientation video that reflects the spirit and quality of the
City’s literacy program.
During the process, and before the final product is delivered, the Contractor will offer at least one review
cut, allowing the City to review and provide feedback for incorporation. The final video will be delivered
in a file format suitable for the City’s use for web, email, and playback on the City’s library systems.
Optional captions and subtitles will be added to the video, and the video must be compliant and meet the
requirements of the ADA Title II Compliance 2026 deadline.
3.PROJECT TIMELINE
Phase 1: Planning & Concept Development – Begin upon execution of Contract
•To meet with City to understand program goals, values, and key messages for new tutors.
•To collaboratively develop the concept, tone and structure of the video.
•A detailed outline will be drafted and refined in consultation with staff.
Phase 2: Filming – Winter 2025
•To take place over one to two days at the City’s Library Learning Center, 3368 Eureka Place,
Carlsbad, CA 92009.
•Conduct interviews with learners, tutors and staff to capture authentic voices and experiences.
•All participants must sign model release forms to participate in the project—completed forms to
be forwarded to L&CA administration.
•Supplemental footage ("b-roll") will be recorded to visually showcase the space and interactions
that reflect the learning environment.
Phase 3: Post-Production – Winter 2025 / Spring 2026
•All post-production work, including video editing, audio adjustments, color correction, and
graphics—will be completed at Contractor’s studio.
•One review round will be included to ensure alignment with program needs.
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Phase 4: Final Delivery – Spring 2026
A finalized, high-quality 8–10 minute video will be delivered in formats suitable for online and in-person
orientation use. Video to be delivered in a file format suitable for the City’s use for web, email, and
playback on the City’s library systems. Optional captions and subtitles will be added to the video, as
required.
4.HEALTH & SAFETY
During any health-related pandemic, all Parties must adhere to the guidance from the state, county, and
local authorities on health and safety protocols. City staff will inform artists what the current guidelines
are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited
to, hand washing, temperature testing, requiring face covering, and maintaining physical distancing of
six feet. The safety protocols may be modified at any time due to changing rules, regulations, or
circumstances.
5.MONETARY FEES
The flat fee payable for Services to be performed during the Agreement will be not-to-exceed seven
thousand ($7,000) and calculated using the following rates.
•Videography $150 per hour
•Production Support $40 per hour
•Post-production editing $70 per hour
Payment Schedule Activity / Amount
Initial Payment (25%) $1,750 payable two weeks after execution of the Agreement.
Progress Payment (25%) $1,750 payable due after Phase 3 – Postproduction
Final Payment (50%) $3,500 payable due post-delivery of final product.
TOTAL (100%) $7,000
All invoices shall be submitted to City’s Deputy Library Director or Designee and shall be sufficiently
detailed to include related activities and costs. Final invoice approval will be completed by City's Library
& Cultural Arts Director or Designee.
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EXHIBIT “B”
Model Release Form
For valuable consideration and its receipt is hereby acknowledged, I hereby assign all rights to my
portrait, picture, videotape and sound recording (collectively “Images”) of me or in which I may be
included intact or in part, composite or distorted in character or form, without restriction, to the City of
Carlsbad, a municipal corporation, and I hereby authorize the reproduction, copyright, exhibition,
broadcast, cablecast, Internet posting, and/or distribution through any and all media now or hereafter
known of said Images without limitation for purpose of this use.
I waive the right to any fees, royalties or control, now or in the future, and I grant full permission for the
use of my Image including, without limitations, name, likeness, performance, voice and biography, for
the purpose of publicizing, advertising or promoting any City of Carlsbad matter or program. I hereby
relinquish any right that I may have to examine or approve the completed product or products or the
advertising copy or printed matter that may be used in conjunction therewith or the use to which it may
be applied.
Name (printed) (If minor, age)
Signature Date
Parent's signature (if minor) Date
Address City and State
Phone E-mail (optional)
•City reserves the right to photograph the performance for the purpose of publicizing, advertising,
or promoting the City of Carlsbad and/or programs across any mediums or channels, including but
not limited to, print, broadcast, outdoor, and digital (collectively “Usage”).
•Participant(s) waive the right to any fees, royalties, or control, now or in the future, and
Performer(s) grant full permission for the use of Performer(s)’ image, including without limitations,
name, likeness, and biography related to City’s Usage.
•Participant(s) relinquish any right that Participant(s) may have to examine or approve City’s Usage,
including but not limited to, any completed product or products or the advertising copy or printed
matter that may be used in conjunction therewith or the use to which it may be applied, including
in all media now in existence or that may come into existence in the future.
•Participant further agrees City may retain a recording in its files, may replay the recordings for its
employees, and may make it available for public viewing for training purposes.
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Named Insured: McMinn, David
Policy Number: 6-PAC-1-2076185
00-017 CA (11-18)Insured Copy
Driver(s) Driver Type
1.Mirania Elise Cosaert Licensed
2.David Adrien McMinn Licensed
Garaging Address
339 Windy Ln, Vista, CA 92083 Applies to all Vehicles
Annual Mileage
Vehicle(s) Prior Term Annual Mileage Current Term Annual Mileage
1.2006 CADI CTS/CTS SPORT 12,500 12,500
Please take a moment to review your Annual Mileage (shown above) and contact your CIG Insurance Advisor to make
any changes.
Policy Coverages and Forms that are a part of this policy:
PP 00 01 12 89 Automobile Policy Contract
03-337 (03-01) Limited Mexico Coverage
03-342 (04-01) Automobile Coverage For Awnings
03-488 (11-18) New Car Replacement Coverage Including Loan / Lease Coverage
08-723 (12-19) Notice of Privacy Practices
08-724 CA (12-19) California Residents Privacy Notice
03-764 CA (04-16) Personal Automobile Policy - California Amendatory Endorsement
03-603 CA (11-18) Auto Card 100 Program
03-020 (12-11) Transportation Expenses - Extended Coverage
Issued on: 06/23/2025
Countersignature:
Authorized Representative
Other Information
This is Declaration #: 10 and when attached with the applicable forms, it completes the policy.
This is not a bill. Any premium due will be applied to the Account Bill.
Coverage is provided only where a premium and a limit of liability are shown for the coverage.
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CERTIFICATE OF EXEMPTION
WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE
I, , am the
[insert name] [title]
of . I hereby certify that
[name of company] [name of company]
has no employees and is not required by law to maintain workers’ compensation or employers’
liability insurance. Should employ any person
[name of company]
during the term of the Agreement with the City of Carlsbad for
,
[description of project or work that is being contracted]
then workers’ compensation and employers’ liability insurance will be obtained.
[Signature / Date]
[Title and name of company or corporation]
David McMinn Owner
56th Period Productions 56th Period Productions
56th Period Productions
creating a professionally
produced tutor orientation video to enhance & modernize its volunteer training experience
10/27/25
56th Period Productions
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