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Infrastructure Productions LLC; 2018-12-20;
AGREEMENT FOR VIDEO PRODUCTION SERVICES INFRASTRUCTURE PRODUCTIONS, LLC gHIS AGREEMENT is made and entered into as of the cJ C>/fi day of 0 (l R rob-AA-, 20_/::g, by and between the CITY OF CARLSBAD, a municipal corporation, f'City"), and Infrastructure Productions, LLC, a limited liability company, C'Contractor'1. RECITALS A. City requires the professional services of a video production company to include videography, photography, editing, lighting, graphic design, audio, writing and pre-production support related to city video productions, the city government channel and website. B. Contractor has the necessary experience in providing professional services and advice related to video production. C. Contractor 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 herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services'1 that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM . The term of this Agreement will be effective for a period of three years from the date first ahove written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE nme is of the essence for each and every provision of this Agreement. 6. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be on a time and materials basis not to exceed forty-five thousand dollars ($45,000.00) per Agreement year, to be billed at the following rates: Camera Operator $72.05/hour Grip $56.25/hour Drone PhotoNideo $600/$800 half day/full day City Attorney Approved Version 6/12/18 Scriptwriter $85.68/hour Voice Over Talent $750 flat fee Music License $100 flat fee Make-up Artist $350/day Teleprompter $150/day Producer $85.68/hour Director $85.68/hour Editor $98. 73 hour Live Video Technician $100/hour Camera, Audio and Lighting Equipment $850/day Equipment Rental up to $1,500/production Craft Services $38/person Talent Services $300/day Data Storage Fee $150 flat fee No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000.00) per Agreement year.The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version 6/12/18 2 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against ~lll claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to · or on behalf of an injured employee under the City's self-administered workers' compensation 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. 10. INSURANCE Contractpr will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have 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 "AXD; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will• obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrenceD basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecVlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. City Attorney Approved Version 6/12/18 3 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS . Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 6/12/18 4 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice c;,n behalf of City and on behalf of Contractor under this Agreement. For For City Contractor Name _Kr_i_sti_·n_a_Ra_,,_y _______ N~me C,'½r\S \½)\\ow~':{ _C_o_m_m_u_n_ic_a_tio_n_s_M_a_n_a_..gL-e_r ____ Title C ~ D Title Deparbnent Community Outreach & Engagement Address @15-S \ k~ \'A-0 \){;\ ~\D ~~ City of Carlsbad S\-e., ~01-\ 1 Sv-v--~~ 1 l--f)\,,./ ----------Phone No. w °'.· -~' 1 D · ' '' 2 1 't 'a-\O'lS Address 1200 Carlsbad Village Drive !-4 -\. , L.\' ~ 'O? Carlsbad, CA 92008 Email 3cl: \ @ \-1\ t ().. \] · e_..oVV°'\ Phone No. 760-434-2957 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. 16. 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. The Contractor shall report investments or interests in all categories. YesD No~ . 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 . and will· comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. · 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory City Attorney Approved Version 6/12/18 5 to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party ·and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties fron, seeking remedies available to them at law. 20. TERMINATION In the event of the Contracto_r's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the ,. termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact ba·sed upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will nc;>t exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission;· percentage, brokerage fee, gift, or any other· consideration contingent upon, or resulting from, the award or making of this Agreement. For bre~ch or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct froni the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation: Contractor acknowledges that if a false claim is · submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right City Attorney Approved Version 6/12/18 6 or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or cont13mplated 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. 26. 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 By:~~ (si here) (print na itle) By: \J\q-oR_ MA-14-10\£::\0 t a::-o (print name/title) 7 TITLE OF PERSON ZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] ATTEST: 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 Chairman, President, or Vice-President 7 Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer City Attorney Approved Version 6/12/18 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: CELIA A. BR:;eR, City Attorney BY: MA ~ Assistant City Attorney City Attorney Approved Version 6/12/18 8 EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide video production services to include videography, photography, editing, lighting, graphic design, audio, writing and pre-production support related to city video productions, the city government channel and website. Communications Department will provide Contractor with detailed instructions to achieve end results to include direction on pre-production, writing, videography, directing, editing, lighting, audio recording, photography, and graphic design. Contractor will provide video archival support on an as needed basis. Contractor is responsible for providing all of its own editing and camera equipment as needed for the various assigned projects. On occasion and depending on the specific project, Contractor may use city equipment on an as-needed basis. Contractor warrants that if he uses city provided equipment that he will only use city equipment in which he is proficient in the proper use and functions. Contractor shall immediately notify the city's video production manager or designee if any piece of city equipment that he is using is damaged, becomes non- functional or is not functioning in a proper manner. Services under this contract are non-exclusive and if Contractor is unavailable for a given project; the city reserves the right to choose an alternate contractor to provide described service. Contractor shall bill hourly fees as set forth in this Agreement, Section 5 Compensation. It is agreed that Contractor's hourly rate for services are: Camera Operator $72.05/hour Grip $56.25/hour Drone PhotoMdeo $600/$800 half day/full day Scriptwriter $85.68/hour Voice Over Talent $750 flat fee Music License $100 flat fee Make-up Artist $350/day Teleprompter $150/day Producer $85.68/hour Director $85.68/hour Editor $98. 73 hour Live Video Technician $100/hour Camera, Audio and Lighting Equipment $850/day Equipment Rental up to $1,500/production Craft Services $38/person Talent Services $300/day Data Storage Fee $150 flat fee Other considerations: • All works submitted to and accepted by the city must be original material created by the Contractor. • All works submitted by the Contractor must be in standard U.S. English and adhere to the City of Carlsbad Writing Style Guide. A copy of this guide will be provided. • All written works must be submitted in Microsoft Word format. The work should appear in a non-bolded Calibri, 12 point font. City Attorney Approved Version 6/12/18 9 Please see Exhibit "B" and Exhibit "C" for video format, acquisition specifications and file naming conventions. The city reserves the right to use all submitted works in perpetuity and in all current and/or future forms of current media and/or media to be developed. City Attorney Approved Version 6/12/18 10 EXHIBIT "B" Video Format, Style and Technical Specifications lnal Output for Distribution Fom,at F s Wideo !City Television Channel Master Frame Size t720x480 1080p29.97 Pr 720p59.94 Aspect Ratio 14:3, .9 pixel 16:9 iaspect ratio isquare pixels Codec IMPEG-2 H.264 Bitrate 14-15 Mbps 8 Mbps l=ield Order Lower Progressive Notes !Letterbox or center-cut widescreen PGMs. Do NOT deliver ianamorphic. !Observe safe title areas & broadcast safe levels. !Audio !City Television Channel Master Codec MPEG-1 (layer 1,11, or Ill) or IMC MPEG-2 Bitrate 192 kbps or better 192 kbps or better Sample Rate 48 kHz, 16-bit stereo 148 kHz, 16-bit stereo Video Acquisition and Shooting Style • Use a tripod for interviews and b-roll as conditions permit or as script requires • All b-roll should have audio (natural sound) • Shots should have sufficient pad at the beginning and end for editing and archiving purposes (minimum 30 frames) • Pans, tilts or zooms should generally be no longer than five to seven seconds • Use sufficient light and white balance to ensure the subject is properly exposed • Camera movements should be smooth, steady, dynamic, flowing and intentional City Attorney Approved Version 6/12/18 11 • Provide proper headroom and look space for interviews (i.e. screen right/screen left) • Leave room during an interview close-up to allow space for a lower third • Gather establishing shots and ample cutaways to support interviews and narration • Framing should vary between MS and CU duri~g interviews to allow for cutting between answers Audio • Use proper microphones and windscreens to ensure clear audio • Allow ample time to rerecord sound if ambient noise interferes (airplanes, train horns, leaf blowers, etc.) • "Dress" lavaleir microphone cables so they are not visible: Editing • Please edit at 1080p29.97 • Refer to city brand guidelines for direction on fonts, lower thirds, onscreen graphics anq titles Dellverables Finished programs are to be delivered in the following formats. High definition digital video files with 30 frames of black at the head and 40 frames at the tail: 1. QuickTime Master (H.264) 2. Channel files: (MPEG-2) Producer will deliver the following for each program according to established specifications: 1. All consolidated project files e.g. Final Cut/Avid/Premiere, Illustrator, Photoshop, After Effects, etc. and a digital version (Word file) of script reconciled to the final program. 2. All physical and digital media source files (Camera Master Volume, ingested video media, narration, graphics, music, animations and any other elements created for the project). Please transcode all raw files delivered to 1920x1080 ProRes422L T. 3. Digital media source files are to be delivered at the completion of the program via hard drive, DVD (data discs) or hard drive within tw.o weeks of completion of the project. All video files must be named according to project, shot description and type of shot (i.e. Crosswalk Safety -guard crosses with child -MS). Only deliver files that are useable. Multiple clips of the same action should be significantly different in their content'to warrant being included. The project will not be considered complete for final invoicing until files are delivered properly named. Please Exhibit "C" for more details on file naming. City Attorney Approved Version 6/12/18 12 EXHIBIT "C" File Naming Conventions Starting a Project Please use the following file structure for all programs to ensure the project will be ready for archiving. When the video is complete, it will be delivered to the city on a hard drive to be transferred a central storage system. ,,, AUDIO 'T ~ DOCs 'T rtJ GFX • GFX Prepped • GFX Source 'T MOV ~ RENDERS • [) WORK • AE • ~ MOTN • [ XPORTS AUDIO -Imported VO files, recordings, sound effects. DOCs -Scripts, transcripts, instructions, information. GFX Prepped -Images modified for video, i.e. editable Photoshop MASTERs, PNG outputs used in programs, resized photos, logos, lower thirds. GFX Source-Native source files: EPS, Photo JPEGs, PowerPoint. MOV -Supplied video files not from tape, i.e. DVD rips, animations. RENDERS -Animations created out of After Effects or Motion for this project. WORK -Project files for content created for this project. Create folders for LiveType, Maya, etc. AE -After Effects project files MOTN -Motion project files EXPORTS -QT ref, Audio, full res QTs for Compressor use The project will not be considered complete until delivered in this format. File Naming The City of Carlsbad video footage library contains thousands of clips that are searchable by data. To make it easy to find a particular clip it is important that they are named consistently and efficiently. Please follow the instructions below when naming clips for the file footage library. Please transcode all raw files to 1920x1080 ProRes422L T for editing and archiving. Naming Tape/Cards All tapes and cards are entered into a cataloging system. Please make sure the tape or card number (x of x) is listed in notes. The following information is listed on all media. Naming Clips Every shoot has a name that closely conforms to the project name. Examples have been provided below to show the relationship between the project name, location and how files are named. Keep the name as brief as possible to make it easier to identify clips in editing. Projects will not be considered complete until clips are labeled using these file naming conventions. City Attorney Approved Version 6/12/18 13 Name of shoot Name of the project: Crosswalk Safetv Event Subiect of the shoot: School crossina auard interview and b-roll Location Calavera Elementarv School Date Date/dates of shoots in notes Description of video Examples: In time code order 01:01:15-Kids cross street, car speeds through light 01 :01 :30 -Crossing Guard interview -describe question (i.e. John Smith -crossina auard resoonsibilities) Vldeographer Who shot the footage -last name and first initial please (in notes) and if possible in the camera metadata i.e. SmithW 09 03 14 Additional Notes: Please note any additional shots that do not pertain to the project, but were acquired while on the shoot. For example, trail with flowers in bloom Please keep the names of clips as short and detailed as possible in this order. Naming Order: Project Prefix -Description of Action, ANGLE Example: Crosswalk Safety -guard.crosses with kids MS The project prefix can also be the location of the shoot. For example, if you're recording b-roll of airplanes at the airport, Airport -jet takes off MS would be the file name. Example: If the project name is "Crosswalk Safety" there is no need to include crosswalks in the clip description since it is already listed. Crossing guard would be "guardD because it's included in the project prefix. This will help to keep clip names shorter. When there are multiple takes of the same action, add a number to differentiate. Only clip out the best useable footage for delivery and provide the best two takes of the action. When naming clips use WS = wide shot, MS = medium shot and CU = close up. Please use the descriptors below -do not use symbols i.e. (/<>\) as they do not read in searches and can result in corrupt clips. Rack Focus= RF Over the Shoulder = OTS Pan Right = PR Pan Left= PL Tilt UP= TU Tilt Down = TD Push/Zoom in = 21 Push/Zoom out = 20 Interview = I NTVW People= ool Camera= cam With= w Interior= INT Exterior = EXT Foreground = FG Bacl<Qround = BG City Attorney Approved Version 6/12/18 14 ~ CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DOIYYYY) 11/15/'2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA TIVB.. Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTmJTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDmONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). PRODUCER iwJEf'"' Salar Baktash Silicon Valley Insurance Center Inc. ff,X"'.t, extl: 8778517867 Ir~ Nol: 1900 Camden A venue Suite 204 ADDRESS: salar@letsinsure.org INSURER(S) AFFORDING COVERAGE NAICt# San Jose CA 92101 INSURER A: United States Liability Insurance Company INSURED INSURERB: Infrastructure Productions INSURERC: 2831 Camino Del Rio South, Suite 204 INSURER 0: INSURERE: San Diego, CA 92108 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI-IIS IS TO CERTIFY THAT THE f'OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO Tl;lE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTI-IER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TI-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. u~ TYPE OF IHSURANCE IIMln POLICY NUMBER _r'\A-•~•=~ · 1moJvm.i LIMITS LlR lN80 (Ylrl/DOIYYYYl X COMMERCIAL GENERAL UABJLITY EACH OCCURRENCE $ ,000,000 I CLAIMS-MADE • OCCUR ~ IU =•10.I 50,000 PREMISES (Es oro.JIT80C8) $ MED EXP (My one person} $ 5,000 - A y ex 1553341 02/09/2018 02/09/'2019 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER' · GENERAL AGGREGATE s 2,000,000 ✓ ~ POLICY •rr& OLOc PRODUCTS -COMP/OP AGG s OTHER: $ AUTOMOBILE LIABlUTY ..__ iEa scadent?INGLI: LNI I ' ANY AUTO BODILY INJURY (Per person} $ ..__ Ov.tIBJ -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per acadenl} $ ..__ -HIRED NON-OVOO:D fp"ervrairti,~)"" $ AUTOS ONLY AUTOS ONLY ..__ -$ UMBRELLA UAB HOCCUR EACH OCCURRENCE $ -EXCESS UAB . CLAIMS-MADE AGGREGATE $ DED I !RETENTIONS $ ~RKERS COMPENSATION lsrATUTE I lffin-~ND EYPt..oYERS' LIABILITY Y/N i'\NY PROPRIETOR/PARTNER/EXECUTIVE• N/A E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? llaldatory In NH) E.L DISEASE -EA EMPLOYEE $ 1 m descrtle under D S RIPTION Of OPERATIONS below E.L DISEASE -POLICY I.MIT $ Per Claim 1,000,000 A Professional Liability ex 1553341 02/09/'2018 02/09/2019 Annual Aggregate 1,000,000 Dl:SCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarka Soltedule, may be ~ If more epeco la required) Named additional Insured: The city of Carlsbad, its officials, employees and vohmteeni are named as additional lmnired with respect to liability aming out of activities performed by or on behalf of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TI-IE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. · AUTHORIZED REPRESENTATIVE I #~~ ® 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:' ex 1553341A _/ BUSINESSOWNERS . BP 04 48 01 06 . . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURcD -·DESIGNATED PERSON OR ORGANIZATION This enqorsement modifies ir:,~rance provided under the following: BUSINESSO.WNERS COVERAGE FORM SCHEDULE Name of Additional Insured Person(~) Or Organlzatlon(s): Effective Date: 11/01¥2018 12:0.1 AM . . -' The Qty of Carlsbad Its offldals,-employees and volunteers are named as an additional Insured . with respect to llabUlty arising mrt of activities performed by or on behalf of the Named Insured. I Information required to complete this Schedule, if not 'shown above, will be shown in the. Cleciarations. The following is added to Paragraph C . .Who Is An Insured in Section• II -Liability: 3. Any person(s) or organizatio.n(s) shown In the · Schedule is also an .additional insured, butonly with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused·,· In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or .rented to you; · BP 04 48 Of 06 ~ ISO Properties, Inc., 2004 Page 5of 5 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA Thisendorsernentmodifies insurance provided tmder the following: SPECIFIED PROFESSIONS PROFESSIONAL llABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT ltr consideratio.n of the premilllll paid, it is agreed that the following is added as an Additional Insured, but only as. respect to ·Claims arising out of any negligent act, error, omission, or Personal Injury in the · renclering or failure'to render Professional Services by any individual or entity of the Named Insured · specified in Item I. ofthe Declarations. Effective Date: 11/08/201812:01 AM . The. c':!ty of carlsbad Its. officials, employees and volunteers are· named as ari additional Insured with respect t6 liability arising out of activities perfonned by or on behalf of the Named Insured. All other terms and conditions of this Policy remain unchanged This endorsement is .a part of the . lnsured's Policy and takes effect on the effective date of the Inmred's Policy unless another effective date is showri. · · SP 224 (07-09) Page 1 of 1 . FUSCO & ORSINI INSIJR 5095 MURPHY CANYON RD SAN DIEGO, CA 92123 PRODREIIIVE COMMEHCIAL Named Insured Policy number: · 06410055-1 Underwritten by: . INFRASTRUCTURE PRODUCTION LLC United Flnandal cas Co October 16, 2018 Polley Perl<xl: Dec 15, 2018 -Dec 15, 2019 Page 1 pf 2 2831 CAMINO DR R1O SOUTH S204 SAN DIEGO, CA 92108 . . Commercial Auto : Insurance Coverage Summary This is your Renewal Declarations Pag·e . progresslveageat.com Onllne Service Make payments, check bllllng activity, prlrt policy dooJnents. or ched: the status of a claim. 1-858-384-1506 FUSCO & ORSINI INSUR Contact your agent for personalized seivlce. 1-800-444-4487 For customer service If your agent ls i.mva ilable or to report a daim. This Renewal Declarations Page ls effective only if the minimum amount due to renew your policy ls received or postmarked by December 15, 2018. Your coverage begins on Decembe.r 15, 2018 at 12:01 a.rn. This policy expires on December 15, 2019 at 12:01 a.m. Your Insurance policy and any policy endorsements contain a ftjl explanation of your coverage. The polky llmlts shown for an auto may not be cpmblned with .the limits for the same coverage on another auto, u~ the policy contract allows the stacking of limits. The policy contract Is form 6912 (06/10). The contract ls modified by forms 2852CA (09/06), 4759CA (09/06), 4757 (03/05), 4852CA (10/04), 4881 CA (12/04) and 2228 (01/11). The named Insured organization type is a corporation. OUtllile of coverage ~~ ............................................................ ~ ................................................................. ~~ ............ ~ Llabllity To Others $1, 1 n ... ~~!!r.!~~.?.~ .. ~~.~.f!!?.~ .. ~~l!~ .............. ~~:~.~-.~.~.~~~1.~.~~~~!!~.~ ......................................................... .. ~~~~~~.~.~ ............................. ~~.A~:~.~~,.~.~~!~.!!~~ ...................................................... ~~~ Uninsured Motorist Property Damage $3,500 each accident $0 23 . M°~{~.i~~·~·· .. ··· ........................................ ffooo·~~·ri~ ......................................................................... 2s SUbtotal pollcy premium $1,361.00 ••~•••••••••••••••••••••••• •• ••••• ••• •••••• •••••• •••••• • •••••••• ••••••• •• ••••" ••••••• •• •••••• •••• •• •••••••• ••••••• • •••••• ••• ••••• • ••• ••• ••••••••••••••• •••••••••••••••••••u . ~!!!~~~.~~.~~~.~.~~·~·······,',' ................................................................................................................... ~ .. !~ Total 12 month pollcy premlmn and fees $1,362.76 Important Information about fees The following additional fees may apply: Late payment fee $10.00 Fee for returned checks or refused payments $20.00 Rated drivers 1. CHRIS HOLLOWAY 2: ilAYMuNo_.GA.UAiioo································· .. ··································································································· .... 3. JAY CAlANAYNA Forni 6489 CA (Ofy10) Auto coverage schedule. 1. 1999 Ford F150 VIN: 2FTZX1724XCA86156 Gclraging Zlp Code: 92108 Polley runber: 0641 0055-1 INFRASTRUCTURE PRODUCTION Page2 of 2 Radius: 300 Liability Premium. ~.~ ............ ~.~.~.': ........ ~~·~······· .. ···~~ .................................................................................... ~.!~! $1,122 $191 · $23 $25 $1,361 Premium discounts Poley 06410055-1. Company officers ·ltU\J.~ President Form 6489 CA (06,'1 CJ) Business Experience and Paid In Full Secretary CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Christopher Holloway th Strategic Director.· I, ______________ _, am e _______________ _ · [insert name] [title] Of Infrastructure Productions, LLC h 'fy th Infrastructure Productions I ereby certi at __________ _ [name of company] [name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Sho~ld Infrastructure Productions employ any person [ name of company] . . · . Video Production Services dunng 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. Christopher Holloway [Name] Strategic Director, Infrastructure Productions [Title and name of company or corporation] UNITED STATES LIABILITY INSURANCE GROUP 1190 Devon Park Drive, Wayne, Pennsylvania, United States 19087 AMB #: 000936 NAIC #: NIA Phone: 800-523-5545 Fax: 10-688-4391 United States Liability Ins Co Mount Vernon Fire Ins Co Mount Vernon Specialty Ins Co Radnor Specialty Insurance Co U S Underwriters Insurance Co A++ A++ A++ A++ A++ ............ Pagt, 1 of!, FEIN#: N/A Website: www.usli.com Pmted St,pternber 12, 2018 BEST'S RATING REPORT United States Liability Insurance Group United States Liability Insurance Group Disclosure Information: Refer to rating unit members for each company's Rating Disclosure Form Associated Ultimate Parent: 058334 -Berkshire Hathaway Inc. A.M. Best Rating Unit: 000936 -United States Liability Insurance Group Best's Credit Ratings for Group Members: Rating Effective Date: August 22, 2018 Best's Financial Strength Ratings Best's Issuer Credit Ratings AMB# Company Rating Outlook Action Rating Outlook 000936 United S.t1tes U•tl. lnll G.CJI.Ull Rating Unit 002541 United States Liabil!!Y Ins Co A++ Stable Affirmed aa+ Stable 002540 Mount Vernon Fire Ins Co A++ Stable Affirmed ea+ Stable 018657 Mount Vernon Soecial!Y Ins Co A++ Stable Affirmed ea+ Stable 022320 Radnor Soecial!Y Insurance Co A++ Stable Affirmed aa+ Stable 003736 U S Underwriters Insurance Co A++ Stable Affirmed ea+ Stable Rating Rationale: Balance Sheet Strength: Strongest • Capital flexibility provided by Berkshire Hathaway lnc.'s ownership . • Best's Capital Adequacy Ratio (BCAR) at the strongest level in the 99.6% VaR. Action Affirmed Affirmed Affirmed Afflfll18d Afflfll18d • • Surplus is compounding at high rates, with the help of unrealized capital gains and net underwriting income . Investment portfolio is managed by the ultimate parent, Berkshire Hathaway Inc., in Omaha, NE. • National Indemnity Company is United States Liability Insurance Company's (USU) main reinsurer . Operating Performance : Very Strong • • • • • Favorable underwriting results led by loss ratios that are significantly lower than its industry over a 10-year period . Underwriting expenses trending higher as the company maintains its competitive advantage with service, supporting gross premiums growth; however, the expense ratio is stable over a 10-year period as the expenses have grown in line with premiums. Most of investment performance results from unrealized capital gains, which are the main reason for the surplus growth and outperforms industry total returns on a consistent basis. Gross and net premiums growth is still very strong, although it has moderated in recent years . Surplus CAGR above 10% in the past 10 years, despite dividend payments . Business Profile: Neutral • Diversified geographically in the U.S. by product line, sales channel, and customer base . Page2ol5 Pmted September 12, 2018 • • • BEST'S RA TING REPORT United States Liability Insurance Group United States Liability Insurance Group (USU) is a leading commercial and specialty lines insurance group in the U.S., offering a broad range of products. USU's competitive advantage resides in value-added services to its policyholders and producers beyond the coverage itself . Investments in technology have helped increase policyholder retention . Enterprise Risk Management: Appropriate • • • • USU benefits from implicit support from the ultimate parent company, Berkshire Hathaway Inc . Reinsurance program is essentially with National Indemnity Company . Conservative reserving, risk and governance translate into a culture with a margin of safety disseminated by Berkshire Hathaway Inc. High level of risk-adjusted capitalization at the tail (i.e., at the 1-in-500-year return period or 99.8% VaR) . Rating Lift/Drag • USU receives financial and operational support from Berkshire Hathaway and its sister company, National Indemnity Company . Outlook The stable outlooks reflect A.M. Best's view that USU will continue to maintain its current rating fundamentals in the short to medium term. Rating Drivers The ratings could be negatively impacted in the long term if operating performance falls markedly short of AM. Best's expectations, induding a significant deterioration in loss trends, material disruptions of its business strategy, sudden dedines in policyholders' surplus, or assets or liquidity losses related to investment activity. The ratings could also be dawngraded as a result of sudden adverse changes in market conditions across a large portion of the book of business or extreme shifts in claims severity and frequency trends. Because of the rating lift received from the parent, Berkshire Hathaway Inc., and reinsurance provided by the sister company, National Indemnity Company, changes in the ratings or outlooks of the associated companies may impact the ratings of USU. Page 3ol !J Pmted Seplember 12 2018 BEST'S RATING REPORT United States Liability Insurance Group Financial Statements: Balance Sheet: Consolidated Balance Sheet Admitted Assets Year End -December 31 2017 ($000) 2016 ($000) 2017 (%) 2016 (%) Bonds 31,462 456,395 2.1 36.2 Preferred Stock 320 56,000 4.4 Common Stock 731,935 550,959 49.3 43.7 Cash and Short-term Invest 609,889 61,214 41.1 4.9 Real Estate, Investment Derivatives Other Non-Affil Inv Asset Investments in Affiliates 25,173 2.0 Real Estate, Offices Total Invested Assets 1,373,607 1,149,741 92.6 91.3 Premium Balances 78,710 74,229 5.3 5.9 Accrued Interest 699 1,620 0.1 All Other Assets 30,773 33,784 2.1 2.7 Total Assets 1,483,789 1,259,374 100.0 100.0 Llabllltles & Surplus Year End -December 31 2017 ($000) 2016 ($000) 2017 (%) 2016 (%) Loss and LAE Reserves 334,020 327,123 22.5 26.0 Unearned Premiums 166,124 154,983 11.2 12.3 Derivatives Conditional Reserve Funds All Other Liabilities 156,419 130,007 10.5 10.3 Total Liabilities 656,563 612,112 44.2 48.6 Surplus notes Capital and Assigned Surplus 37,966 37,966 2.6 3.0 Unassigned Surplus 789,260 609,296 53.2 48.4 Total Policyholders' Surplus 827,226 647,262 55.8 51.4 Total Liabilities and Surplus 1,483,789 1,259,374 100.0 100.0 SotKce: Bestink -Besfs Statement FIie -P/C, US Page4ol~ Pmted September 12, 2018 BEST'S RA TING REPORT Company History: Date Incorporated: 04/12/1867 Date Commenced: NIA Domicile: United States: Pennsylvania Company Management: Financial control of United States Liability Insurance Company since May 27, 1971, has rested with U.S. Investment Corporation, a Pennsylvania holding company. On August 8, 2000, 100% of the stock of U.S. Investment Corporation was acquired by Berkshire Hathaway Inc. All of the outstanding capital stock of Mount Vernon Fire Insurance Company is owned by United States Liability Insurance Company. All of the outstanding capital stock of U.S. Underwriters Insurance Company is held by Mount Vernon Fire Insurance Company. United States Liability Insurance Company also owns Mount Vernon Specialty Insurance Company, which in turn owns Radnor Specialty Insurance Company. ~a.r.Alalill ................ ..._ ........ ...,,,, ...... 11 ...... ..-.--Clllligllal_a. n. ... --....... -~-----------e-~1=1-=~~=:: ... ~~=:!t=-:.=rie;;C::.-:\: .. -,,,r::,,,:;;..,~.2.:. ... .:~-=,;.:.-:1 ... ____ ........... .,............. .......,,,,.,,,.....,., ..... 1ar.~...,... ....... . ....,._ n wc.a11111iw••--....... ....._.._adMflf•--•ad a il«•dllllar .... ---,. Mll .. llillllllllM...,-,nal .... llaw• 2 I ..._.:=:•lllir-dla ..................... _:J..alwrillr. ...... lunal ..... lD .... -...W Crillar..-._.,flf-........._ lllH1liwllnat1.,r-•--·IDlur.lilarlllllll-,---...-plllcia, • .,,...,.._........,._.._ • ..._ .. ,,,_,......,....,..._...fllr ..... ...,.. .... . I = ............. A.11. ..... ......., ................................. ID ....................... ID ......... AM. ... ... a ~:r,...,ti•--,ar.....,111 .. ~·llllfallll......, .... ..S......_.rm2lilad..,._pnlllidld._ll, ...... -,.,.._._...,~ Best's Credit Rating Methodology I Disclaimer I Best's Credit Rating Guide Copyright© 2018 A.M. Best Company, Inc. and/or Its affiliates. All rights reserved. No portion of this oontent may be reproduced, <r.itributed, or stored in a dalabase or retrieval system, or transmitted in arf'f form or by alf'/ means wittxu the prior wrillen pemjs.. sion of AM. Best. While the content was obtained from SOIXCeS believed to be reliable, its aca.racy is not guaranteed. For additional details, refer to ou-Terms of Use available at AM. Best website: www.armest.com'terms. Page 5 o/ f, Pmted September 12, 2018