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Neuman, Charlie dba Charlie Neuman Photography; 2016-11-03;
AMENDMENT NO. 2 TO EXTEND AND AMEND THE AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY AND VIDEOGRAPHY SERVICES CHARLIE NEUMAN PHOTOGRAPHY TfJ Amendment No. 2 is entered into and effective as of the / 7th day of (' fubM , 20 /'?, extending the agreement dated November 3, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Charlie Neuman d.b.a. Charlie Neuman Photography, a sole proprietorship, ("Contractor") (collectively, the "Parties") for professional photography and videography services; and RECITALS A. On October 19, 2017, the Parties executed Amendment No. 1 to the Agreement to extend and fund the Agreement for one year to November 3, 2018; and B. The Parties desire to extend the Agreement for a period of one year. C. The Parties desire to decrease the yearly allowable amount from thirty thousand dollars ($30,000.00) to fifteen thousand dollars ($15,000.00). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on November 3, 2019 on a time and materials basis not-to-exceed fifteen thousand dollars ($15,000.00) for this agreement year and shall be billed at an hourly rate of $200 per hour. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By:~f~ (sign here) CHfJf~f;<; 6 tJ~UM,A N avJN£¥.- (print name/title) By: (sign here) (print name/title) ATTEST: Vwma24 /Z WL7Ji~uJ ~~ARBARA ENGLESON u-City Clerk 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 Group B Secretary, Assistant Secretary, 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: ::uAAZJ?[mey Assistant City Attorney City Attorney Approved Version 1/30/13 2 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 09/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT Rosalie Delanev North County Insurance r.~~N,_t ~-••· 7607459511 I FAX IA/C Nol: 7607459157 900 Canterbury Place, Ste. #310 ~t1D~~"s: rdelanevl@northcountvinsurance.com Escondido , CA 92025 INSURER/SI AFFORDING COVERAGE NAIC# 1NsuRER A, Fireman's Fund Insurance Comoanv 21873 INSURED INSURER B: Charlie Neuman Photography INSURERC: 849 Elderberry Ct. INSURER D: San Marcos , CA 92069 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR •••~n ,unon POLICY NUMBER •MMIDD/YYYYI 1MM/DD/YYYY1 LIMITS A GENERAL LIABILITY ✓ ✓ XPK80986655 10/5/2018 10/5/2019 EACH OCCURRENCE $ 2,000,000 -✓ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000 PEVD074363 PREMISES IEa occurrence\ $ -• CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 ll1I POLICY n ~r P-i nLOC $ A AUTOMOBILE LIABILITY XPK80986655 fOMBINED SINGLE LIMIT 1,000,000 -10/5/2018 10/5/2019 Ea acc1dent1 $ -ANY AUTO -PEVD074363 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED -AUTOS -AUTOS BODILY INJURY (Per accident) $ ✓ ✓ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS 1Per accident\ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION 1 T~$'rnI,~;, r IOTH- AND EMPLOYERS" LIABILITY Y/N FR ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E L DISEASE -EA EMPLOYEE $ ~fs't~ftif~ ~:OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Addlllonal Remarks Schedule, If more space Is required) Additional Insured: The City of Carlsbad, it's officials, employees and volunteers Description: Photo jobs throughout the year Start Date: 10/5/2018 End Date: 10/5/2019 Start Time: 12:00am End Time: 12:00am CERTIFICATE HOLDER CANCELLATION The City of Carlsbad, it's officials, employees and volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1200 Carlsbad Village Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad , CA 92008 AUTHORIZED REPRESENTATIVE ac-1.t.1.~ I Robert V. Nuccio © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ISO I Commercial General Liability Forms I 01/01/96 POLICY NUMBER: XPK80986655 Certificate Number: PEVD074363 Effective Dates: 10/5/2018 to 10/5/2019 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. Designation of Premises (Part Leased to You): 1200 Carlsbad Village Drive Carlsbad , CA 92008 SCHEDULE 2. Name of Person or Organization (Additional Insured): The City of Carlsbad, it's officials, employees and volunteers 3. Additional Premium: $0.00 (lfno entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II ) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: I. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 NASEPWH055.doc © Insurance Services Office, Inc., 1994 Policy Number: XPK80986655 Certificate Number PEVD074363 Effective Dates 10/5/2018 to 10/5/2019 Primary and Noncontributory-Other Insurance Condition CG 20 01 04 13 Policy Amendment(s) Commercial General Liability This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Products/Completed Operations Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (I) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This Fonn must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy l'resiJ~nl CG:?001 4-13 + Insurance Setviccs Office, Inc., 2012 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Policy Amendment(s) Commercial General Liability Insured: Charlie Neuman Producer: R.V. Nuccio & Associates Insurance Brokers, Inc. Certificate Number: PEVD074363 Policy Number: XPK80986655 Effective Date: 10/5/2018 to 10/5/2019 This endorsement modifies Insurance provided under the rollowing: Commercial General Liability Coverage Part Products/Completed Operations Liability Coverage Part Schedule Name or Person or Organization The City of Carlsbad, it's officials, employees and volunteers 1200 Carlsbad Village Drive Carlsbad , CA 92008 lnfonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transrer or Rights or Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organ- ization and included in the products-completed oper- ations hazard. The waiver applies only to the person or organization shown in the Schedule above. This Fonn must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fnnd lnsuranre Companies as nwned in the policy President CG2404 S-09 () Insurance Scrvi<;cs Office, Inc., 2008 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Kristina Ray, communications department (Name and Department) October 3, 2017 Date Proposed modification(s) to the PL requirement(s) tlw Charlie Neuman Photography (Type ofinsurancc) (Name of contract) D Reduce coverage to the amount of [81 Waive coverage D Other: ---------------------------------- FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) •Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain} _______ _ •Significance of Contractor: Contractor has unique skills and there arc few if any alternatives. f explain: include number <?{candidates RFP sent to and number re.\p<mded ({applicable] ____________ _ [81Contract Amount/Term of Contract: $30,000. Work will be completed over a period or •Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. [xJOther (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The Communications Department would like to have Charlie Neuman's professional liability insurance waived for the following reason: Admin order 68 states that it is not necessary for public relations services to be covered under professional liability when "there is in-house expertise to adequately evaluate contractor's recommendations and staff can control the result of the project." In the case of Charlie Neuman, the communications manager and communications coordinator have the in-house expertise to adequately evaluate the contractor. To make sure that the contractor's work can be controlled in house, the contractor will only be shooting photos of city buildings, staff and events that were predetermined hy the communications department. Individuals who appear in photos must sign the city's model release, stating that the individual "waives the right to anv fees, royalties or control, now or in the future" and that the individual grants "full permission" for the use of their 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." The invididual also "relinquish any right" that they have to examine or approve the completed product or products. Approved by Risk Manager for this contract only: 11:1 W< lRD\lnsurnnce\Admin ( Jrder #68 waiver modi ly insurance requirements.doc (Signature) I,:> --1~-,,..,. (Date) RVNA R.V NUCCIO & ASSOCIATES, INC. PhotographerNideographer Annual Insurance Quote Selected Coverage Limit Selected 1. General Liability Insurance 2. Property Insurance 3. Crime Insurance $2,000,000/$2,000,000 20,000.00 Not Covered Total Annual Cost: PROPHOTOGRAPHER'S INSURANCE How to Purchase this annual PhotographerNideographer Insurance Policy: To purchase this annual policy, please go to www.prophotographersinsurance.com, sign in and complete the online application form. You can purchase your policy online and print your documents immediately. Questions? For any questions, please contact one of our customer service representatives, available Monday -Friday from 8:30am to 5:00pm PST at 1-800-364-2433 or e-mail support@rvnuccio.com. Notes: 1. Date of quote: 10/03/2017 2. Quotation is subject to on line completion of the application and underwriting approval. 3. Must be purchased 24 hours in advance. 0.00 4. Prices subject to change without notice and may vary depending on the information you provide in the application. 5. Upon completion of the application, you will be provided with a final quote letter. 6. Licensing information available upon request. 7. Sample policy available upon request. 8. Policy is underwritten by an A+ insurance carrier. PAYMENT METHOD: CREDIT CARD R.V. Nuccio & Associates Insurance Brokers, Inc. • 10148 Riverside Drive • Toluca Lake • CA • 91602 • 818-980-1413 North County Insurance 900 Canterbury Place, Ste. #31 0 • Escondido , CA 92025 7607459511 • Fax: 7607459157 • Email: rdelaney~northcountyinsurance.corn License#: 0B33289 PHOTOGRAPHER/VIDEOGRAPHER PRO ANNUAL INSURANCE QUOTE APPLICANT INFORMATION Applicant Name: Charlie Neuman Proposed Coverage Dates: 10/5/2017 Date: 10/03/201 7 Client ID#: 1236718 POLICY INFORMATION LIMIT COST General Liability Premium $2,000,000/$2,000,000 $ Property/Equipment Premium 20,000.00 $ Crime Premium Not Covered $ RVNA. Inc. Additional Insured Charge $ RVNA, Inc. Loss Payee Charge $ RVNA, Inc. Corporate Charge $ State Guarantee/State Surcharges $ Broker Fee $ TOT AL ANNUAL COST $ NOTES • This is a quotation only. Prices are subject to change without notice. • It is the insureds responsibility to read the policy. A Sample Policy is available online at www.prophotographcrsinsurancc.com. • Policy is underwritten by an A+ rated insurance carrier. R. V. NUCCIO & ASSOCIATES, INC. • IO 148 RIVERSIDE DRIVE• TOLUCA LAKL • CA • 91602 • 818-980-1413 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RVNA"~~ R.V. NIHTI() & ,\SSOCIATES INSURANCI: lllH\Kl'RS, INC. Charlie Neuman Photograpt 849 Elderberry Ct. San Marcos , CA 92069 Specialty Insurance Products Insurance Policy Number: PEVD068764 Tel. {800) 364-2433 Email support@rvnuccio.com Online rvnuccio.com Office 10148 Riverside Drive Toluca Lake, CA 91602 Your Insurance Policy What's included: ✓ Your Certificate(s) of Insurance ✓ A copy of your Application ✓ Your Memorandum ✓ Your Coverages ✓ Your Quote Letter Thank you for choosing R.V. Nuccio & Associates Insurance Brokers, Inc. -We look forward to helping with your specialty insurance needs. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY AND VIDEOGRAPHY SERVICES WITH CHARLIE NEUMAN PHOTOGRAPHY Thi5f9~ No. 1 is enterel.1d into and effective as of the / 9-fi:J day of ' , 20) ' , extending and amending the agreement dated November 3, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Charlie Neuman d.b.a. Charlie Neuman Photography, a sole proprietorship, ("Contractor"). RECITALS A. On November 3, 2016, the Parties executed the Agreement to provide professional photography and videography services; and 8. The Parties desire to extend and amend the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on November 3, 2018 on a time and materials basis not- to-exceed thirty thousand dollars ($30,000.00) and shall be billed at an hourly rate of $200 per hour. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill /II /II /II Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR By:~~~ (sign here) c-HAfl-L-~s & rJSUt1,A N (print name/title) Y i{vfo~},4f/Jt1P- By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: \ 1wwk~n/c7d¼c~~ BARBARA ENGLESON z City Clerk 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 Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY: AtJ L ------------Assistant City Attorney City Attorney Approved Version 1/30/13 2 W AIYER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement( s ). Requested by: Kristina Ray, communications department (Name and Department) October 3, 2017 Date Proposed modification(s) to the PL requirement(s) for Charlie Neuman Photography (Type of insurance) (Name of contract) D Reduce coverage to the amount of ~ Waive coverage D Other: ------------------------------------- FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) 0Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain} _______ _ 0Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number o/candidates RFP sent to and number responded [lapplicable} ___________ _ ~Contract Amount/Term of Contract: $30,000. Work will be completed over a period of 0Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. -------------------------------- ~Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The Communications Department would like to have Charlie Neuman's professional liability insurance waived for the following reason: Admin order 68 states that it is not necessary for public relations services to be covered under professional liability when "there is in-house expertise to adequately evaluate contractor's recommendations and staff can control the result of the project." In the case of Charlie Neuman, the communications manager and communications coordinator have the in-house expertise to adequately evaluate the contractor. To make sure that the contractor's work can be controlled in house, the contractor will only be shooting photos of city buildings, staff and events that were predetermined by the communications department. Individuals who appear in photos must sign the city's model release, stating that the individual "waives the right to any fees, royalties or control, now or in the future" and that the individual grants "full permission" for the use of their 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." The invididual also "relinquish any right" that they have to examine or approve the completed product or products. Approved by Risk Manager for this contract only: 11:1 WORD\lnsurance\Admin Order #68 waiver modify insurance requirements.doc (Signature) /.:, --1~-r1- (Date) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 10/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~?cT Rosalie Delaney ---· North County Insurance r~gNJo Ext>: 7607459511 I FAX fA/C Nol: 7607459157 900 Canterbury Place, Ste. #310 !~DAJ~ss, rdelaney@northcountyinsurance.com ·-· Escondido , CA 92025 INSURER($) AFFORDING COVERAGE NAIC # 1NsuRER A, Fireman's Fund Insurance Comoanv 21873 ------ INSURED INSURER B: Charlie Neuman Photography INSURER C: ·-····--·· --- 849 Elderberry Ct. INSURER D: San Marcos , CA 92069 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,co ""'" POLICY NUMBER fMMIDD/YYYYI fMM/DDIYYYYI LIMITS A GENERAL LIABILITY ./ ./ XPK80968969 10/5/2017 10/5/2018 EACH OCCURRENCE $ 2,000,000 -DAMAGE TO RENTED ./ COMMERCIAL GENERAL LIABILITY PEVD068764 PREMISES (Ea occurrence) $ 100,000 ~-~ CLAIMS-MADE 0 OCCUR ·-· MED EXP (Any one person) $ ~,QQO -PERSONAL & ADV INJURY $ _2,000,000 GENERAL AGGREGATE $ 2,000,000 ------------·-··----- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 / 1LII POLICY n ~f?-i nLOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 A XPK80968969 10/5/2017 10/5/2018 (Ea accident) $ - ANY AUTO PEVD068764 BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ -NON-OWNED PROPERTY DAMAGE ./ HIRED AUTOS ./ AUTOS (Per acc1dent) $ -------~ ---------- $ UMBRELLA LIAB r -j OCCUR EACH OCCURRENCE $ ~- EXCESS LIAB CLAIMS-MADE AGGREGATE $ ------- OED I I RETENTION$ $ WORKERS COMPENSATION I l;gJTfJN;; I IOJ~-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under EL DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured: The City of Carlsbad, its officials, employees and volunteers Description: photo jobs throughout the year Start Date: 10/5/2017 End Date: 10/5/2018 Start Time: 12:00am End Time: 12:00am CERTIFICATE HOLDER CANCELLATION The City of Carlsbad, its officials, employees and volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1200 Carlsbad Village Dr. ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad , CA 92008 AUTHORIZED REPRESENTATIVE a~1-v.p Robert V. Nuccio I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ISO I Commercial General Liability Forll)S I 01/01/96 POLICY NUMBER: XPK80968969 / Certificate Number: PEVD068764 Effective Dates: 10/5/2017 to 10/5/2018 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. Designation of Premises (Part Leased to You): 1200 Carlsbad Village Dr. Carlsbad , CA 92008 SCHEDULE 2. Name of Person or Organization (Additional Insured): The City of Carlsbad, its officials, employees and volunteers 3. Additional Premium: $0.00 (lfno entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II ) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: I. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 NASEPWH0SS.doc © Insurance Services Office, Inc., 1994 Policy Number: XPK80968969 Certificate Number: PEVD068764 l'llective Dates 10/5/2017 to 10/5/2018 Primary and Noncontributory-Other Insurance Condition CG 20 01 04 13 Policy Amendment(s) Commercial General Liability This endorsement modifies insurance provided under the following: Commerci11l General Liability Coverage Part Products/Completed Open1tions Li11bility Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (I) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This Form must be 1111achcd to Change Endorsement when issued allcr the policy is wriuen. One of the Flremnn's Fund lnsunmce Companies a~ named in the policy ~--t<'l-> __ ~_\_o...,,../ __ °""' _ __....-;;:-::Ei(...Q......,.r-------- cmom .t-13 •· lnsurarn:e Services Ollice, Inc., 2012 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04 05 09 Policy Amendment(s) Commercial General Liability Insured: Charlie Neuman Producer: R.V. Nuccio & Associates Insurance Brokers, Inc. Certificate Number: PEVD068764 Policy Number: PEVD068764 Effective Date: 10/5/2017 to 10/5/2018 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Pnrt Products/Completed Operations Li:1bility Coverage Part Schedule Name of Person or Organization The City or Carlshad. its officials. employees and volunteers 1200 Carlshad Village Dr. Carlshad . CJ\ 92008 Information required to complete this Schedule. if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organ- ization and included in the 11roducts-completed oper- ations lt11z11rd. The waiver applies only to the person or organization shown in the Schedule above. This Form must be uttnched to Change Endorsement when issued nftc:r the policy is written. One of the Fi~man's Fund Insurance Comp11nits IIS named in the pnlicy Pre~id~nt CG~404 5.r,9 t) Insurance Services Ollicc, Inc,. 2008 NATIONAL ALLIANCE OF SPECIAL EVENT PLANNERS, INC. COMMERCIAL PACKAGE POLICY GENERAL CHANGE ENDORSEMENT Master Policy Number: XPK80968969 Endorsement Date: 10/03/2017 Issuing Company: Fireman's Fund Insurance Company 777 San Marin Drive Novato, California 94998-2000 Nationwide Claims: 1-800-567-2865 Memorandum Number: PEVD068764 Endorsement Sequential Number: 5 National Program Administrator: R.V. Nuccio & Associates Insurance Brokers, Inc. IO 148 Riverside Drive Toluca Lake, CA 91602 Nationwide: 1-800-567-2685 0 I. MEI\I0RANDLIM HOLDER NAME AND ADDRESS (I\IEMORANDllM IIOLDER MEANS NAMED INSURED) a. Memorandum Holder: Charlie Neuman b. Street Address: 849 Elderberry Ct. c. City: San Marcos d. State: CA e. Zip Code: 92069 02. COVERAGE PERIOD Inception Date 10/5/2017 12:0IA.M. to Expiration Date 10/5/2018 12:0IA.M. Standard Time at the Named Insured's address as stated above. 03. BllSINESS TYPE ODisc Jockey/Karaoke Jockey/Video Jockey 04. TYPE OF ENDORSEMENT a. D Addition b. D Deletion c. 0 Change New/Changed Coverages and Premiums Total Premium Detailed Policy changes are listed on the following page. 08. TOTAL AI\I0llNT DllE OR PAYABLE Date Issued: 10/03/2017 Form Number: NASEPDJFFICUWS060112A 01/07/2014 NJ\SEPD.IFFICUWS060112/\.DOC 12] Photographer/V ideograph er OEvent Planner $0.00 $ $0.00 Additional Amount Due D Return Amount Payable D By ac,.....1.1).p ---------- Robert V. Nuccio Authorized Representative 'li Copyright 2014. J\11 rights reserved. R.V. Nuccio & Associates Insurance Brokers. Inc. Endorsement Number End Date GENERAL CHANGE ENDORSEMENT Continued From Previous Page Changes to Policy (Endorsements) 5 10/5/2018 R.V. NUCCIO & ASSOCIATES, INC. PhotographerNideographer Annual Insurance Quote Selected Coverage Limit Selected 1. General Liability Insurance 2. Property Insurance 3. Crime Insurance $2,000, 000/$2, 000, 000 20,000.00 Not Covered Total Annual Cost: PROPHOTOGRAPHER'S IN How to Purchase this annual PhotographerNideographer Insurance Policy: To purchase this annual policy, please go to www.prophotographersinsurance.com, sign in and complete the online application form. You can purchase your policy online and print your documents immediately. Questions? For any questions, please contact one of our customer service representatives, available Monday -Friday from 8:30am to 5:00pm PST at 1-800-364-2433 or e-mail support@rvnuccio.com. Notes: 1. Date of quote: 10/03/2017 2. Quotation is subject to on line completion of the application and underwriting approval. 3. Must be purchased 24 hours in advance. 0.00 4. Prices subject to change without notice and may vary depending on the information you provide in the application. 5. Upon completion of the application, you will be provided with a final quote letter. 6. Licensing information available upon request. 7. Sample policy available upon request. 8. Policy is underwritten by an A+ insurance carrier. PAYMENT METHOD: CREDIT CARD R.V. Nuccio & Associates Insurance Brokers, Inc. • 10148 Riverside Drive • Toluca Lake • CA • 91602 • 818-980-1413 North County Insurance 900 Canterbury Place, Ste. #310 • Escondido , CA 92025 7607459511 • Fax: 7607459157 • Email: rdelaney~northcountyinsurance.com License#: 0833289 PHOTOGRAPHER/VIDEOGRAPHER PRO ANNUAL INSURANCE QUOTE APPLICANT INFORMATION Applicant Name: Charlie Neuman Proposed Coverage Dates: 10/5/2017 Date: 10/03/2017 Client ID#: 1236718 POLICY INFORMATION LIMIT COST General Liability Premium $2,000,000/$2,000,000 $ Property/Equipment Premium 20,000.00 $ Crime Premium Not Covered $ RVNA Inc. Additional Insured Charge $ RVNA, Inc. Loss Payee Charge $ RVNA, Inc. Corporate Charge $ State Guarantee/State Surcharges $ Broker Fee $ TOT AL ANNUAL COST $ NOTES • This is a quotation only. Prices are subject to change without notice. • It is the insureds responsibility to read the policy. A Sample Policy is available online at www.prophotographcrsinsurancc.com. • Policy is underwritten by an A+ rated insurance carrier. R.V. NUCCIO & ASSOCIATES, INC.• I 0148 RIVERSIDE DRIVE• TOLUCA LAKE• CA• 91602 • 818-980-1413 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RVNA·~ R.V N!JCCIO & ASSOCIATES INSURANCE BROKERS, INC. Charlie Neuman Photograpt 849 Elderberry Ct. San Marcos , CA 92069 Specialty Insurance Products Insurance Policy Number: PEVD068764 Tel. (800) 364-2433 Email support@rvnuccio.com Online rvnuccio.com Office 10148 Riverside Drive Toluca Lake, CA 91602 Your Insurance Policy What's included: .I Your Certificate(s) of Insurance .I A copy of your Application .I Your Memorandum .I Your Coverages ./ Your Quote Letter Thank you for choosing R.V. Nuccio & Associates Insurance Brokers, Inc. -We look forward to helping with your specialty insurance needs. AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY AND VIDEOGRAPHY SERVICES WITH CHARLIE NEUMAN PHOTOGRAPHY TI;Jl?"AG~E~T is made and entered into as of the ..:3!'12 day of -IU--~-.... Iu""""~~..L.L.:'"""-'~;;.._-' 20 }l.f , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Charlie Neuman d.b.a. Charlie Neuman Photography, a sole proprietorship, ("Contractor"). RECITALS City requires the professional services of a photographer and videographer who is experienced in professional photography and videography. 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 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") 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 year from the date first above written. The Agreement may be extended for two additional one year terms with the consent of both parties. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. Compensation. The total fee payable for the Services to be performed shall not exceed thirty thousand dollars ($30,000.00) per agreement year and shall be billed at an hourly rate of $200 per hour. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. 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 City Attorney Approved Version 6-2015 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 5. Ownership of Work(s). Excepting such items which are specifically identified by Contractor as proprietary trade secrets, any and all sketches, drawings, tracings, images (whether still or moving), audio sounds, recordings, notes, computations, writings, and other materials and documents (collectively "Work(s)") prepared by Contractor in the performance of this Agreement shall be the property of City from the moment of their preparation, and Contractor shall deliver such materials and documents to City, upon request. Contractor shall have the right to make duplicate copies of such materials and documents for its own file or for other purposes the City may agree as to in writing. 6. Titles and Copyright Assignment. Contractor and City intend this to be an Agreement for Services and each considers the deliverable product (Work) and results of the Services to be rendered by Contractor hereunder to be a work made-for-hire. Contractor acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City. If for any reason the Work would not be considered a work made-for-hire under applicable law, Contractor does hereby sell, assign, and transfer to City, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world. If the Work is one to which the provisions of 17 U.S. C. 1 06A apply, the Contractor hereby waives and appoints City to assert on the Contractor's behalf the Contractor's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without limitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions or the Work, in any medium, for City purposes. Contractor agrees to execute all required documents and to perform such other proper acts, as City may deem necessary to secure for City or its designee the rights herein assigned. 7. Indemnification for Intellectual Property Infringement. Contractor agrees to defend, indemnify and hold harmless City, its elected officials, employees and agents from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, reasonable attorneys' fees, as provided herein, arising out of any claim that the Contractor's Works, products, services and/or deliverables, or any part of them, infringes upon or otherwise violates any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or other rights of any third party, or that City's use of them otherwise violates this Section [collectively referred to for purposes of this Section as "Infringement Claims(s)"], by paying all amounts that a court finally awards or that Contractor agrees to in settlement of such Infringement Claim(s), as well as any and all expenses or charges arising City Attorney Approved Version 6-2015 2 from such Infringement Claim(s}, including reasonable attorneys' fees, as they are incurred by City or any other party indemnified under this Section. City also agrees that, if the use or operation of the Contractor's Works, products, services and/or deliverables, or any part of them, becomes, or in Contractor's opinion is likely to become, the subject of an Infringement Claim(s), City will permit Contractor, at Contractor's option and expense for all associated costs, either to procure the right for City to continue to use Contractor's Works, products, services and/or deliverables, or part thereof, or to replace or modify them with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification does not cause the product, services and/or deliverables, or any part thereof, to fail to comply with any of the requirements of this Agreement, including but not limited to, all functionality, technical specifications and performance warranties. In the event City's ongoing use of Contractor's Work's, products, services and/or deliverables, or any part of them, is the subject of any act by a third party arising from an Infringement Claim that would preclude or impair City's use of Contractor's Works, products, services and/or deliverables (e.g., injunctive relief}, or if City's continued use of them may subject it to punitive damages or statutory penalties, City shall give written notice to Contractor of such fact(s). Upon notice of such facts, Contractor shall procure the right for City to continue to use the Works, products, services and/or deliverables, or part thereof, or replace or modify the Works, products, services and/or deliverables of comparable quality and performance capabilities to become non-infringing. If Contractor fails to complete the remedial acts set forth above within forty-five (45) calendar days of the date of the written notice from City, City shall have the right to take such remedial acts it determines to be reasonable to mitigate any impairment of its use of Contractor's Works, products, services and/or deliverables or damages (hereafter referred to as "City's Remedial Acts"). Contractor shall indemnify City for all amounts paid and direct and indirect costs associated with City's Remedial Acts. Failure by Contractor to pay such amounts within ten (1 0) calendar days of invoice by City shall, in addition to and cumulative to all other remedies, entitle City to immediately withhold payments due Contractor under this Agreement up to the amount paid in connection with City's Remedial Acts. 8. Indemnification -General. Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused in whole or in part by any willful misconduct or negligent act or omission 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. 9. Insurance. Contractor 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 City Attorney Approved Version 6-2015 3 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 "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10. 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. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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. 1 0.1.4 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. 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: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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. City Attorney Approved Version 6-2015 4 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. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 12. 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. 13. Termination. In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail and/or U.S. 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 based 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 not 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. 14. 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 City Attorney Approved Version 6-2015 5 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. 15. Venue and Jurisdiction. 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. 16. 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. 17. 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. 18. 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. 19. 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. City Attorney Approved Version 6-2015 6 CONTRACTOR *By:C!Vw(~ (Sign here) olfJ ~~ 6 NWJYVv ,J -oWNt-1?- <Print name/title) Gf/A P-J.-/0. N0JM,A.N "f}(o X d N e) (e-mail address) **By: (Sign here) (Print name/title) (e-mail address) By: ATTEST: a municipal ifornia 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 **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation !!!!:!!! 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. BREWER, City Attorney City Attorney Approved Version 6-2015 7 EXHIBIT "A" SCOPE OF SERVICES AND FEE Contractor shall provide video and photo production services to include videography, photography, lighting, directing and audio recording related to city issues, programs and services. Communications Department will provide Contractor with detailed instructions to achieve end results to include direction on pre-production, videography, photography, directing, lighting and audio recording. Contractor will provide video archival support on an as needed basis. Contractor is responsible for providing all of its own camera equipment as needed for the various assigned projects. 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. It is agreed that Contractor's hourly rate for photography will be $200 per hour: 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. • Contractor's submissions to the city may not contain profanity, erotica or pornography and/or the Contractor's personal racial, political or religious views. Please see below for Exhibit B for Video Format Acquisition Specifications and Exhibit C 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. Task Photography of up to seventy five (75) photo shoots in the City of Carlsbad Direct and shoot outdoor/indoor photos of city events, projects, city staff and volunteers throughout various city locations for use in printed and electronic communication materials. Images will also be used for archival and historical purposes. Coordinate with photo subjects in person or by phone about locations, time and dates of photo shoots Identify and coordinate photo shoots at city locations, including city landmarks, buildings and events desired to use in printed and electronic city communications, such as the website, newsletters and brochures. Photos of people desired include high-quality, candid and posed images of people in Carlsbad locations for use in printed and electronic city communication, such as the website, newsletters and brochures. City Attorney Approved Version 6-2015 8 Photos of projects, landmarks, buildings and events desired include high-quality images in Carlsbad locations for use in printed and electronic city communications, such as the website, newsletters and brochures. A "photo shoot" is defined as a half hour to two (2) hour session in one (1) general location. Contractor will provide city employees with a disc of high resolution digital (JPEG) files of images taken at the photo shoot within seven (7) (working) days. Resolution and size of digital JPEG images high resolution digital files, no larger than 30x40. City employees will handle scheduling based on availability of photographer, models and locations, identifying locations and obtaining release forms for models (when needed). Contractor will be in charge of obtaining signed model release forms from individuals participating in photo shoot with forty eight (48) hours' advance notice from city staff. Contractor is responsible for printing copies of model release forms. City employees will accompany photographer on shoots (when needed) and provide direction regarding desired shots. City employees will provide a description of each shoot, including time, location, desired images and models. City or Contractor may cancel a scheduled shoot with forty eight (48) hours' notice for unavoidable, unscheduled and unanticipated schedule conflicts. City or Contractor may cancel a scheduled shoot with six hours' notice if weather conditions are deemed unacceptable for obtaining desired ima_g_es. Photo shoots will generally occur during daylight hours. Most will occur between Monday and Friday, between the hours of 7:30a.m. and 5:30p.m., but up to twenty-five (25) percent of the shoots may occur during weekends. Contractor to edit photos as deemed necessary by the city and the photographer to correct for exR_osure or other imperfections. The cost includes the unlimited right of the City of Carlsbad to use the photos. Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of city. Contractor to provide camera equipment, including camera, batteries, power, flashes, film, light meters, trir>ods, memory cards. Contractor's photos must be in color, unless otherwise noted by city employees Coordinate dates/times/locations with the city's communication manger or community relations manager. Deliver via email to the communications department a link to images of each photo shoot within one (1) week. For each task, Contractor will produce materials by specific deadlines created by communications department. Contractor will receive written notice from communications department for each task and deadline date for each task. Dates and times will be mutually agreed upon by the parties and subject to the availability of city staff and Contractor. Total not to exceed amount for contract: $30,000 City Attorney Approved Version 6-2015 9 Exhibit B -Video Format Specifications Final Output for City Television Master Distribution Channel Format MPEG-2-QuickTime- .mpg, .mpeg .mov Fps 29.97 29.97 Video Frame Size 720x480 1080p29.97 Aspect Ratio 4:3, .9 pixel 16:9 aspect ratio square pixels Codec MPEG-2 H.264 Bitrate 4-15 Mbps 8 Mbps Field Order Lower Progressive Notes Letterbox or center-cut widescreen PGMs. Do NOT deliver anamorphic. Observe safe title areas & broadcast safe levels. Audio Co dec MPEG-1 (layer 1,11, or Ill) or AAC MPEG-2 Bit rate 192 kbps or better 192 kbps or better Sample Rate 48 kHz, 16-bit stereo 48 kHz, 16-bit stereo City Attorney Approved Version 6-2015 10 Video Acquisition and Shooting Style Please use the following City of Carlsbad established guidelines for acquiring all video. • Acquire all video using best practices • Use a tripod for interviews and b-roil as conditions permit or as script requires • All b-roil 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 be no longer than five to seven seconds • Use sufficient light, white balance and be sure the subject is properly exposed • When choosing between subject and background, expose for the subject • Shots should be well-composed, natural, depicting lifestyle with a focus on people • Subjects should look professional and interesting • Camera movements should be smooth, steady, dynamic, flowing and intentional • Provide proper headroom and look space for interviews (i.e. screen right/screen left) • Do not place interview subjects in the center of the screen. There should be enough room during a 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 during interviews to allow for cutting between answers • When acquiring video footage please shoot in 1 080p29.97 or 720p59.94 Audio • Use proper microphones when interviewing talent (i.e. lavaliere with windscreen properly placed) • no cables visible (handheld or shotgun microphone should be out of frame, lavaliere microphone and cable should not be visible) Editing • Please edit at 1 080p29.97 • Project and file names need to match ( i.e. Grilling Safety/Grilling Safety) • Fonts Utopia (serif) Myriad Pro (sans serif) please do not used condensed or bold • Lower thirds are available via download -please request the link at the beginning of the project. Deliverables 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. Quicklime Master (H.264) 2. Channel files: (MPEG-2) Producer will deliver the following for each program according to established specifications: City Attorney Approved Version 6-2015 II 1. All consolidated project files e.g. Final CuUAvid/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 1920x1 080 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 two 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 6-2015 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. GFX Prepped GFX Source MOV ,.-RENDERS v 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 Live Type, 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 1920x1 080 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. Name of shoot Name of the project: Crosswalk Safety Event Subject of the shoot: School crossing guard interview and b-roil Location Calavera Elementary School City Attorney Approved Version 6-2015 13