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Oceanside Community Service Television Corporation; 2017-08-28;
City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO AGREEMENT FOR VIDEO PRODUCTION SERVICES OCEANSIDE COMMUNITY SERVICE TELEVISION CORPORATON This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2020, amending the agreement dated August 28, 2017, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Oceanside Community Service Television Corporation, a 501©(3) nonprofit corporation, (“Contractor") (collectively, the “Parties”). RECITALS A. On August 28, 2017, the Parties executed the Agreement for informational videos for local government agencies and providing video production for government meetings; and B. The Parties desire to alter the Agreement’s scope of work to increase the video production for an additional number of city meetings, per contract year, increasing the annual compensation by no more than an additional fifty-five thousand dollars ($55,000) per agreement year; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. 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 (1) year ending on August 28, 2021, on a time and materials basis not to exceed eighty-five dollars ($85,000.00) per agreement year. 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. /// /// /// DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 21st August City Attorney Approved Version 1/30/13 2 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: Gerald Hampton, Chair gwh1956@gmail.com SCOTT CHADWICK City Manager ATTEST: By: Valerie A. Grant, Secretary Valerie@Grantconsultingservices.com BARBARA ENGLESON 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 Group B Chairman, President, or Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 City Attorney Approved Version 1/30/13 3 EXHIBIT A SCOPE OF SERVICES The City of Carlsbad produces videos for use on its government channel (Charter Spectrum channel 24 and AT&T U-verse channel 99), website and social media and in presentations to the community. The purpose of these videos is to inform the community about city news, services, issues, programs and events, and to encourage public involvement in city decision making. The City also produces live broadcasts of Carlsbad City Council and Planning Commission meetings to run on its government channel and website. Meeting Video Production Contractor shall provide professional video production services including directing, pre- and post-production and media management for up to 150 boards and/or commissions meetings. Meetings are usually held in the City Council Chamber, 1200 Carlsbad Village Drive or virtually. The current approved schedules for these meetings are available on the city website. From time to time, changes are made to this schedule. City will provide a minimum of five business days’ notice of schedule changes. Tasks Arrive a minimum of 60 minutes prior to the start of the meeting to check and perform any needed adjustments to the video production system, including but not limited to checking microphones, color balance and camera functioning. Input agenda item titles as provided by city staff in lower third graphic template. Produce meeting to meet city guidelines utilizing production equipment provided and maintained by the city. Initiative live stream of meeting to city cable channel and/or website, per meeting guidelines. Ensure meetings are archived by recording a backup copy on DVD and uploading the meeting to the city’s digital video management service immediately following each meeting. Training Contractor will provide one primary producer and one back up producer. City will train primary and back up producer on the system and protocols. If the contractor desires to change the primary or back up producer, the contractor shall notify the Communication & Engagement Director or her designee in writing (email) at least one business day prior to the new producer’s first day working under this contract. Once an initial staff person and backup staff person are trained on the city system and protocols, contractor is responsible for training any additional backup staff or replacement staff as needed, at the contractor’s expense. Contractor shall provide a minimum of 72 hours notice (business days only) to the city of inability to provide services. Equipment All equipment is provided and maintained by the City of Carlsbad. Only contract staffed trained on the equipment’s proper use shall operate it. Contractor shall immediately notify the city’s communications manager or designee if any piece of city equipment is damaged, becomes non-functional or is not functioning in a proper manner. DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 City Attorney Approved Version 1/30/13 4 Other Video Production Services On an as-needed basis, contractor shall provide video production services to include videography, photography, editing, lighting, graphic design, writing and pre- and post-production support for city video productions, the city government channel and website. Contractor is responsible for providing all of its own editing and camera equipment as needed for the various assigned projects. Prior to each assignment, the Communication & Engagement Director or her designee will provide Contractor with a written description of the project’s scope, including the goals, audience, key messages, desired outcome, length, production value and distribution method. Based on this information, Contractor will provide a written estimate for completing the project, including number of hours and total cost, as well as a timeline outlining project milestones and due dates. Archiving and Media Management Contractor will provide video archival and media management support on an as needed basis. This includes uploading footage to the city’s server in the designated location and adding any needed metadata for future search needs. 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 and AP Writing Style. A copy of this guide has been provided. Additional copies are available on request. All written works, such as scripts and scopes, must be submitted in Microsoft Word format. The work should appear in a non-bolded Calibri, 12 point font. Please see Addendum “B” for video format and acquisition specifications. 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. Services under this task are non-exclusive and if primary provider is unavailable the city will choose an alternate contractor to provide described service. Compensation The total fee payable for the services to be performed shall not exceed eighty-five thousand dollars ($85,000.00) per agreement year and shall be billed at the rate of: Meeting video production First four hours $450 flat fee Each additional hour $125 per hour Other video production Pre-production, production, post-production and graphic design $90/hour DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 City Attorney Approved Version 1/30/13 5 Exhibit B Video Format, Style and Technical Specifications 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 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 during interviews to allow for cutting between answers Final Output for Distribution City Television Channel Master Format MPEG-2 - .mpg, .mpeg QuickTime - .mov Fps 29.97 29.97 Video City Television Channel Master Frame Size 720x480 1080p29.97 or 720p59.94 Aspect Ratio 4:3, .9 pixel aspect ratio 16:9 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 City Television Channel Master Codec MPEG-1 (layer I,II, or III) or MPEG-2 AAC Bitrate 192 kbps or better 192 kbps or better Sample Rate 48 kHz, 16-bit stereo 48 kHz, 16-bit stereo DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 City Attorney Approved Version 1/30/13 6 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” lavalier 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 and titles 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. 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 ProRes422LT. 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. DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 City Attorney Approved Version 1/30/13 7 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 – 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 ProRes422LT 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. DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 City Attorney Approved Version 1/30/13 8 Name of shoot Name of the project: Crosswalk Safety Event Subject of the shoot: School crossing guard interview and b-roll Location Calavera Elementary School Date Date/dates of shoots in notes Description of video in time code order Examples: 01:01:15 - Kids cross street, car speeds through light 01:01:30 - Crossing Guard interview – describe question (i.e. John Smith – crossing guard responsibilities) Videographer 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 “guard” 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 = ZI Push/Zoom out = ZO Interview = INTVW People = ppl Camera = cam With = w Interior = INT Exterior = EXT Foreground = FG Background = BG DocuSign Envelope ID: 50CF2011-270D-474F-ACF9-46A24E1DCA97 07/14/2020 Hatter, Williams & Purdy Insurance 2230 Faraday Ave Carlsbad CA 92008 Nickie Einertson (760) 795-2002 (760) 929-0534 neinertson@hwpinsurance.com Oceanside Community Service Television 3038 Industry St Ste 101 Oceanside CA 92054 West American Insurance Co 44393 Ohio Security Insurance Co 24082 American Fire and Casualty Co 24066 State Compensation Ins Fund 113 One Beacon 20-21 Master A Y Y BKW56624001 07/12/2020 07/12/2021 1,000,000 500,000 15,000 1,000,000 2,000,000 2,000,000 B Y Y BAS56624001 07/12/2020 07/12/2021 1,000,000 Uninsured motoristcombined single limit 1,000,000 C Y ESA56624001 07/12/2020 07/12/2021 1,000,000 1,000,000 D Y Y 921021320 05/08/2020 05/08/2021 1,000,000 1,000,000 1,000,000 E Errors & Omissions Liability MEP2342820 04/01/2020 04/01/2021 Each Claim $1,000,000 The City of Carlsbad, its officials, employees and volunteers are named Additional Insured with respect to liability arising out of the activities performed by oron behalf of the named insured (General Liability only). Waiver of Subrogation and Primary & Non-Contributory wording applies City of Carlsbad 1200 Elm Ave Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 9210213-20 RENEWAL SP 1-32-24-21 PAGE 1 EFFECTIVE JULY 17, 2020 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING MAY 8, 2021 AT 12.01 A.M. OCEANSIDE COMMUNITY SERVICE TV INC 3038 INDUSTRY ST STE 101 OCEANSIDE, CA 92054 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF OCEANSIDE WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, OCEANSIDE COMMUNITY SERVICE TV INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. --._,COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 20, 2020 2570 ' ~~ti PRESIDENT AND CEO SCIF FORM 10217 IREV.4·2018) OLD OP 217 AGREEMENT FOR VIDEO PRODUCTION SERVICES BETWEEN CITY OF CARLSBAD AND OCEANSIDE COMMUNITY SERVICE TELEVISION CORPORATON THIS AGRE MENT is made and entered into as of the ::J ?#J day of -----'--""=~~~-.......__, 20 I ~ , by and between the CITY OF cARL.~ a municipal corporation ("City"), and Oce'friside Community Service Television Corporation, a 501©(3) nonprofit ("Contractor"). RECITALS City requires the professional services of a video production company experienced in producing informational videos for local government agencies and providing video production for government meetings. 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 three years 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. The agreement shall automatically terminate if the City Council does not appropriate funding following the initial agreement year. 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 the rate of: Meeting video production First four hours Each additional hour Other video services $400 $125 Pre-production, production, post-production/editing and graphic design $90/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 (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services 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. City Attorney Approved Version 6-2015 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 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. 106A 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 a·grees 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 City Attorney Approved Version 6-2015 2 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 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 (10) 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 City Attorney Approved Version 6-2015 3 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 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. 10.1.1 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. 10.1.2 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. 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. 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. City Attorney Approved Version 6-2015 4 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. 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. City Attorney Approved Version 6-2015 5 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 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 /<oc.. r cAa.1r- c.q......, oom ,· evcax.ae-/: (l-mail address) **By:~()._,~ (Sign here) CITY OF CARLSBAD, a municipal corporation of the State of California . ~;t:;:;::to, By~ ATTEST: ( ~ kB~ /4.~ BAARA ENGLESON U'-' - City Clerk .Odr4----A. ct//e,a /-r;..e4,. S 1,,,re,,,- (Print name/title) Oe.&>~. A//erz_. &2/2,,:.)a/-q'mem orrl'A,,/, <.:-oh-t...-- (e-mail address) 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:_n_W_l_ Assistant City Attorney City Attorney Approved Version 6-2015 7 EXHIBIT A SCOPE OF SERVICES The City of Carlsbad produces videos for use on its government channel (Charter Spectrum channel 24 and AT&T U-verse channel 99), website and social media and in presentations to the community. The purpose of these videos is to inform the community about city news, services, issues, programs and events, and to encourage public involvement in city decision making. The City also produces live broadcasts of Carlsbad City Council and Planning Commission meetings to run on its government channel and website. Meeting Video Production Contractor shall provide professional directing, pre-and post-production and media management for up to 36 City Council and/or Planning Commission meetings per contract year. Meetings are held in the City Council Chamber, 1200 Carlsbad Village Drive. The current approved schedules for these meetings is attached for reference (Exhibit D and E) and is available on the city website. From time to time, changes are made to this schedule. City will provide a minimum of five business days' notice of schedule changes. Schedules for subsequent years will be provided as they are approved, usually in December of each year. Tasks • Arrive a minimum of 60 minutes prior to the start of the meeting to check and perform any needed adjustments to the video production system, including but not limited to checking microphones, color balance and camera functioning. • Input agenda item titles as provided by city staff in lower third graphic template. • Produce meeting to meet city guidelines utilizing production equipment provided and maintained by the city. • Initiative live stream of meeting to city cable channel and/or website, per meeting guidelines. • Ensure meetings are archived by recording a backup copy on DVD and uploading the meeting to the city's digital video management service immediately following each meeting. Training • Contractor will provide one primary producer and one back up producer. • City will train primary and back up producer on the system and protocols. • If the contractor desires to change the primary or back up producer, the contractor shall notify the city communication manager or her designee in writing (email) at least one business day prior to the new producer's first day working under this contract. • Once an initial staff person and backup staff person are trained on the city system and protocols, contractor is responsible for training any additional backup staff or replacement staff as needed, at the contractor's expense. • Contractor shall provide a minimum of 72 hours notice (business days only) to the city of inability to provide services. Equipment All equipment is provided and maintained by the City of Carlsbad. Only contract staffed trained on the equipment's proper use shall operate it. Contractor shall immediately notify the city's City Attorney Approved Version 6-2015 8 communications manager or designee if any piece of city equipment is damaged, becomes non- functional or is not functioning in a proper manner. Other Video Production Services On an as-needed basis, contractor shall provide video production services to include videography, editing, lighting, graphic design, writing and pre-and post-production support for city video productions, the city government channel and website. Contractor is responsible for providing all of its own editing and camera equipment as needed for the various assigned projects. Prior to each assignment, the communications manager or her designee will provide Contractor with a written description of the project's scope, including the goals, audience, key messages, desired outcome, length, production value and distribution method. Based on this information, Contractor will provide a written estimate for completing the project, including number of hours and total cost, as well as a timeline outlining project milestones and due dates. Archiving and Media Management Contractor will provide video archival and media management support on an as needed basis. This includes uploading footage to the city's server in the designated location and adding any needed metadata for future search needs. 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 has been provided. Additional copies are available on request. • All written works, such as scripts and scopes, must be submitted in Microsoft Word format. The work should appear in a non-bolded Calibri, 12 point font. • 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 Addendum "B" for video format and acquisition specifications. 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. Services under this task are non-exclusive and if primary provider is unavailable the city will choose an alternate contractor to provide described service. 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 the rate of: Meeting video production First four hours Each additional hour Other video production $400 flat fee $125 per hour Pre-production, production, post-production and graphic design $90/hour City Attorney Approved Version 6-2015 9 Exhibit B Video Format, Style and Technical Specifications Final Output for Distribution City Television Channel Master ~ideo City Television Channel Master Frame Size 720x480 1080p29.97 or 720p59.94 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 City Television Channel Master Codec MPEG-1 (layer 1,11, or Ill) or 'AAC MPEG-2 Bitrate 192 kbps or better 192 kbps or better Sample Rate 48 kHz, 16-bit stereo 48 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 • 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 during interviews to allow for cutting between answers City Attorney Approved Version 6-2015 10 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" lavalier 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 and titles 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. 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 ProRes422LT. 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 11 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 DOCs GFX GFX Prepped GFX Source 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 City Attorney Approved Version 6-2015 12 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-roll Location Calavera Elementary 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 -crossing guard responsibilities) Videographer 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: Example: Project Prefix -Description of Action, ANGLE 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 "guard" 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 = ZI Push/Zoom out = ZO Interview = INTVW People= ppl Camera= cam With= w Interior= INT Exterior = EXT Foreground = FG Background = BG City Attorney Approved Version 6-2015 13 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/12/2017 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 ~2~r~cT Nickie Einertson Hatter, Williams & Purdy Insurance f.~~N,t c.n. (760) 795-2002 I FAX IA/C Nol: (760) 929-0534 2230 Faraday Ave l\i>MDA~~ss,neinertson@hwpinsurance.com INSURER/SI AFFORDING COVERAGE NAIC # Carlsbad CA 92008 INSURER A :West American Insurance Co 44393 INSURED INSURER B :American Fire and Casual tv Co 24066 Oceanside Community Service Television INSURERC:State Compensation Ins Fund 113 3038 Industry St Ste 101 INSURER D :Atlantic Specialty Ins Co 27154 INSURERE: Oceanside CA 92054 INSURER F: COVERAGES CERTIFICATE NUMBER:17-18 Master 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 l,o,~n lunm POLICY NUMBER /MM/DD/YYYYl /MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED --·------~- A PREMISES IEa occurrence\ $ 500,000 X y BKW56624001 7/12/2017 7/12/2018 MED EXP (Any one person) $ 15,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ DPRO-DLOC PRODUCTS -COMP/OP AGG 2,000,000 POLICY JECT $ OTHER Package Modification Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ - A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED -SCHEDULED AUTOS AUTOS X y BAW56624001 7/12/2017 7/12/2018 BODILY INJURY (Per accidenl) $ f-f-NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident\ $ f-f- Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1 000 000 f- B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 000 000 OED I I RETENTION$ X ESA56624001 7/12/2017 7/12/2018 $ WORKERS COMPENSATION X I ~~f TUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA C (Mandatory in NH) y 921021317 5/8/2017 5/8/2018 E L DISEASE -EA EMPLOYEE $ 1 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 D Errors & Omissions MEPl 776117 4/1/2017 4/1/2018 Each Claim 1,000,000 Liability DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad, its officials, employees and volunteers are named Additional Insured with respect to liability arising out of the activities performed by or on behalf of the named insured (General Liability only). Waiver of Subrogation and Primary & Non-Contributory wording applies CERTIFICATE HOLDER City of Carlsbad 1200 Elm Ave Carlsbad, ACORD 25 (2014/01) INS025 1?014011 CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Nickie Einertson/NRE -,,~-¥...., ~~-"'_,.....__,. © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKW56624001 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Carlsbad, its officials, employees and volunteers 1200 Elm Ave Carlsbad, CA 92008 (If no entry appears above, 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 as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 2026 11 85 Copyright, Insurance Services Office, Inc., 1984