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David McMinn DBA 56th Period Productions; 2022-06-28;
City Attorney Approved Version 6/12/18 1 AGREEMENT FOR VIDEO PRODUCTION SERVICES DAVID MCMINN, DBA 56TH PERIOD PRODUCTIONS THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2022, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and David McMinn, DBA 56th Period Productions, a sole proprietorship, (“Contractor"). RECITALS A. City requires the professional services of a video production professional that is experienced in videography, editing, lighting, graphic design, audio, writing and technical and pre-production support related to city video productions, the city government channel and website. B. Contractor has the necessary experience in providing professional services and advice related to video production services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", Exhibit “B” and Exhibit “C” which are incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two (2) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety-five thousand dollars ($95,000.00) and shall be billed at the following rates: DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 June 28th City Attorney Approved Version 6/12/18 2 • City Council Meetings $275 per meeting • Media Archives $35 per hour • Production Support $40 per hour • Editing & Animation $65 per hour • Videography $130 per hour • Aerial Drone $180 per hour No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ninety-five thousand dollars ($95,000.00) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 3 The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 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. DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 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. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Kristina Ray Name David McMinn Title Director Title owner DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 5 Department Communication & Engagement Address 339 Windy Lane City of Carlsbad Vista, CA 92083 Address 1200 Carlsbad Village Drive Phone No. 760-672-3114 Phone 760-434-2957 Email DavidMcMinn56@gmail.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. 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 of the X DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 □ □ City Attorney Approved Version 6/12/18 6 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. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 7 25. 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. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR: 56th Period Productions CITY OF CARLSBAD, a municipal corporation of the State of California By: By: DAVID MCMINN SCOTT CHADWICK Owner City Manager ATTEST: By: FAVIOLA MEDINA City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES Contractor shall provide video production services to include videography, photography, editing, lighting, graphic design, audio, writing and pre-production support related to city video productions, the city government channel and website. Contractor shall also provide scheduling services for the city government channel and administrative support related to updating the city government channel. Communications Department will provide Contractor with detailed instructions to achieve end results to include direction on scheduling the channel, pre-production, writing, videography, directing, editing, lighting, audio recording, photography, and graphic design. Contractor will provide video archival support on an as needed basis. Contractor is responsible for providing all of its own editing and camera equipment as needed for the various assigned projects. Services under this contract are non-exclusive and if Contractor is unavailable for a given project; the city reserves the right to choose an alternate contractor to provide described service. Contractor shall bill fees as set forth in this Agreement, Section 5, Compensation: • City Council Meetings $275 per meeting • Media Archives $35 per hour • Production Support $40 per hour • Editing & Animation $65 per hour • Videography $130 per hour • Aerial Drone $180 per hour _________________________________________ Not to exceed $95,000 per Agreement year. Other considerations: • All works submitted to and accepted by the city must be original material created by the Contractor. • 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. • All works submitted by the Contractor must be in standard U.S. English and adhere to the City of Carlsbad Writing Style Guide. A copy of this guide will be provided. • All written works must be submitted in Microsoft Word format. The work should appear in a non-bolded Calibri, 12 point font. Please see below for Exhibit B for Video Format Acquisition Specifications and Exhibit C File Naming Conventions. DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 9 Exhibit B – Video Format Specifications Final Output for Distribution City Television Channel Master Format MPEG-2 - .mpg, .mpeg QuickTime - .mov Fps 29.97 29.97 Video Frame Size 720x480 1080p29.97 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 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: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 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-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 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 1080p29.97 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 1080p29.97 • 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. DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 11 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: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 City Attorney Approved Version 6/12/18 12 Exhibit C – File Naming Conventions Starting a Project Please use the following file structure for all programs to ensure the project will be ready for archiving. When the video is complete, it will be delivered to the city on a hard drive to be transferred a central storage system. AUDIO – 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. Name of shoot Name of the project: Crosswalk Safety Event Subject of the shoot: School crossing guard interview and b-roll DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 Name ... AllDIO ... ... ► ► C X Sou uoe ... MDV ... RE [) IRS ... WORK ► AIE ► Ol"N ... XPOIR s City Attorney Approved Version 6/12/18 13 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 as 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: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 06/09/2022 Alvarado Pacific Insurance Services 7777 Alvarado Rd. #605 La Mesa CA 91942-8282 Tamara Conti (619) 668-4600 (619) 469-1569 David McMinn, DBA: 56th Period Productions 339 Windy Lane Vista CA 92083 Sentinel Insurance Company 11000 2022-23 A 72SBAAQ6834 02/20/2022 02/20/2023 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 Employee Benefits A 72SBAAQ6834 02/20/2022 02/20/2023 Hired & Non-Owned Included A 72SBAAQ6834 02/20/2022 02/20/2023 1,000,000 The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured. City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 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 on this 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 POLICIES BELOW. 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 SUBR WVD ADDL INSD 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. $ $ $ $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 COMPENSATION AND 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 DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 ~ ACORD® I ~ I X I [81 - - ~ □ □ - -- --X X X H I I I I I □ Q~S'~ I 56th Period Productions Doing Business As Additional Named Insureds Other Named Insureds OFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 Business Auto ADDITIONAL COVERAGES Ref # Description Edition DateForm No.Coverage Code Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Copyright 2001, AMS Services, Inc.OFADTLCV DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 THE1 HARTFORD City of Carlsbad THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BL VD SAN ANTONIO TX 78251 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 Account Information: Policy Holder Details: DAVID MCMINN DBA 56TH PERIOD PRODUCTIONS May 27, 2022 D Contact Us Need Help? Start a live chat online or call us at (866) 467-8730. We're here weekdays from 8:00 AM to 8:00 PM ET. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTROOS Doc uSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179B18 ~ er CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) A.CC!R . 05/27/2022 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 SUBROGATIONIS 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 CONTACT ALVARADO PACIFIC INS SVCS INC/PHS NAME: 72165917 PHONE (866) 467-8730 IFAX (888)443-6112 (A/C, No, Ext): (A/C, No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A : Sentinel Insurance Company Ltd. 11000 DAVID MCMINN DBA 56TH PERIOD PRODUCTIONS INSURERS : 339WINDYLN VISTA CA 92083-5761 INSURERC : INSURERD: INSURERE : 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 NUMBER POLICYEFF POLICY EXP LIMITS LTR INSR WVD IMM/DDNYYYl IMM/DD/Y YYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 - ~CLAIMS-MADE 0occuR DAMAGE TO RENTED PREMISES IEa occurrence\ $1,000,000 -X General Liability MED EXP (Any one person) $10,000 A 72 SBA AQ6834 02/20/2022 02/20/2023 PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ POLICY □ PRO-0LOC PRODUCTS -COMP/OP AGG $4,000,000 JECT OTHER: AUTOMOBILE LIABILrrY COMBINED SINGLE LIMIT $2,000,000 I (Ea accident) - ANY AUTO BODILY INJURY (Per person) -ALL OWNED -SCHEDULED A AUTOS AUTOS 72 SBA AQ6834 02/20/2022 02/20/2023 BODILY INJURY (Per accident) -HIRED -NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) -- ..x UMBRELLA LIAB 7 OCCUR EACH OCCURRENCE $1,000,000 EXCESSLIAB CLAIMS-AGGREGATE $1,000,000 A MADE 72 SBA AQ6834 02/20/2022 02/20/2023 DEDI X I RETENTION$ 10,000 WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LIABILITY STATUTE ER ANY Y/N E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE L N/A OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the lnsured's Operations. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1200 CARLSBAD VILLAGE DR BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED CARLSBAD CA 92008 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE GU&V7£Cad~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CALIFORNIA CAPITAL INSURANCE COMPANY Identification Cards and a form for registering the vehicle listed below with the Department of Motor Vehicles are provided on this page. Named Insured: McMinn, David Agent: Alvarado Pacific Insurance Services - 66010 A peace officer may ask for this information if you are involved in an accident or stopped for a moving violation. In the ev ent of an accident, report it to your agent/company as soon as possible. Do not make any statements regarding the accident except to local authorities or our company representative. Obtain the following information: 1. Name and address of each driver, passenger and witness. 2. Name of insurance company and policy number for each vehicle involved. Year: 2006 Make: CADI Model: CTS/CTS SPORT VIN: 1G6DP577060201034 Cut the cards below and keep them in your wallet(s) or with your vehicle registration. ---------------------------------------------------------------------------------------------------------------------------------------------- Automobile Insurance Identification Card California Capital Insurance Company NAIC Code 13544 Automobile Insurance Identification Card California Capital Insurance Company NAIC Code 13544 Named Insured: McMinn, David Named Insured: McMinn, David Policy Number: 6-PAC-1-2076185 Policy Number: 6-PAC-1-2076185 Effective Date: 04/09/2022 Expiration Date: 10/09/2022 Effective Date: 04/09/2022 Expiration Date: 10/09/2022 Vehicle: 2006 CADI CTS/CTS SPORT Vehicle: 2006 CADI CTS/CTS SPORT VIN:1G6DP577060201034 VIN: 1G6DP577060201034 Agency Name: Alvarado Pacific Insurance Services Agency Name: Alvarado Pacific Insurance Services Telephone Number: 1-619-668-4600 Telephone Number: 1-619-668-4600 TO REPORT A CLAIM, CONTACT THE CLAIM SERVICE CENTER: (800) 986-9974 TO REPORT A CLAIM, CONTACT THE CLAIM SERVICE CENTER: (800) 986-9974 The form below must be used when registering your vehicle with the Department of Motor Vehicles. --------------------------------------------------------------------------------------------------------------------------------------------- REG 890A (REV. 5/97) (89000* CALIFORNIA EVIDENCE OF LIABILITY INSURANCE DO NOT FOLD OR STAPLE SUBMIT ORIGINAL TO DMV This insurance complies with CVC §16056 or §16500.5 SIGNATURE OF INSURANCE REPRESENTATIVE NAME VEHICLE IDENTIFICATION NUMBER (VIN) MAKE YEAR MODEL McMinn, David 1G6DP577060201034 CADI 2006 POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE INSURANCE COMPANY NAME 6-PAC-1-2076185 04/09/2022 10/09/2022 California Capital Insurance Company INSURANCE COMPANY STREET ADDRESS CITY STATE ZIP CODE NAIC NUMBER 2300 Garden Road Monterey CA 93940 13544 FR1354404092022100920222006CAD171G6DP57706020103400000000000000000000027 DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 David McMinn <davidmcminn56@gmail.com> Invoice Paid Online - BLOS1234128 1 message DoNotReplyCSS@carlsbadca.gov <DoNotReplyCSS@carlsbadca.gov> Thu, May 26, 2022 at 2:11 PM To: davidmcminn56@gmail.com Invoice Paid Online for BLOS1234128 Invoice Number: 00102604 Amount Paid: $72.82 Paid On: 5/26/2022 Receipt Number: TRC-098514-26-05-2022 Transaction Status: Complete Invoice Status: Paid In Full Paid By: MCMINN, DAVID DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 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, director communication & engagement June 7, 2022 (Name and Department) Date Proposed modification(s) to the PL requirement(s) for David McMinn, DBA 56th Period Productions (Type of insurance) (Name of contract) Reduce coverage to the amount of : Waive coverage 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 are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $95,000. Work will be completed over a period of 1 year Professional 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): Contractor will only implement direction of city staff. Staff will research and draft scripts, direct video shoots, give direction on editing, review draft videos, approve the final product and control distribution. City staff has the expertise to ensure accuracy of information presented and oversee contractor's work. Approved by Risk Manager for this contract only: (Signature) (Date) DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 □ 6/27/2022 H:\WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 CERTIFICATE OF EXEMPTION I, , am the [insert name][title] of . I hereby certify that [name of company] [name of company] liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] [Name] [Title and name of company or corporation] DocuSign Envelope ID: DBF5F0F8-DD08-41A6-B122-CDFF75179818 WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE David A. McMinn Sole Proprietor 56th Period Production 56th Period Productions has no employees and is not required by law to maintain workers' compensation or employers' 56th Period Productions media production related services then workers' compensation and employers' liability insurance will be obtained. David A. McMinn Sole Proprietor of 56th Period Productions