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John Gastaldo dba John Gastaldo Photographer; 2022-08-08;
City Attorney Approved Version 6/12/18 1 AGREEMENT FOR PHOTOGRAPHY AND VIDEO PRODUCTION SERVICES JOHN GASTALDO, DBA JOHN GASTALDO PHOTOGRAPHER 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 John Gastaldo, DBA John Gastaldo Photographer, a sole proprietorship, (“Contractor"). RECITALS A. City requires the professional services of a photographer that is experienced in professional photography of events, projects and people. The city also 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 photography and 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) 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. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 August 8th City Attorney Approved Version 6/12/18 2 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be forty thousand dollars ($40,000.00) and shall be billed at the following rates: • Shooting: Full day (5 hours or more) o $1000 still photos (5-8 hours) and additional $100 for each additional hour in excess of 8 hours o $1500 video (5-8 hours) and $125 for each additional hour in excess of 8 hours • Shooting: Half day (up to 5 hours) o $500 still photos o $700 video • Editing & Post Production $65 per hour • Green Screen, Keying and Masking edit $65 per hour • Voice Over $50 per hour • Voice Over (long form narration) $80 per hour • 2nd camera for alternative angles o Full day (5-8 hours) Second camera and operator-video $800 o Half day (0-5 hours) Second camera and operator-video $500 • Drone video capture 2 x 20 minute flights one location, FAA certified Part 107 pilot o $200 (up to two locations within five miles) o If visual observer required for BVLOS, (beyond visual line of site) $100 additional (FAA required for safety) No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty thousand dollars ($40,000.00) 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 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 3 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. 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. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 4 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. 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. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 5 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 John Gastaldo Title Director Title Owner Department Communication & Engagement Address 4462 Sapphire Lane City of Carlsbad Oceanside, CA 92056 Address 1200 Carlsbad Village Drive Phone No. 619-742-2760 Phone 760-434-2957 Email jagastaldo@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 X DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 6 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 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 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 7 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. 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: JOHN GASTALDO PHOTOGRAPHER CITY OF CARLSBAD, a municipal corporation of the State of California By: By: JOHN GASTALDO KRISTINA RAY Owner Communication & Engagement Director Attest: 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 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 8 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: CINDIE K. MCMAHON, City Attorney BY: _____________________________ City Attorney DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES Photography of places, events and people in the City of Carlsbad. Direct and shoot outdoor/indoor photos of city events, projects, city staff and volunteers throughout various city locations. Coordinate with photo subjects in person or by phone about locations, time and dates of photo shoots Identify and coordinate photo shoots at city locations, including city landmarks, buildings and events desired to use in printed and electronic city communications, such as the website, newsletters and brochures. Photos of people desired include high-quality, candid and posed images of people in Carlsbad locations for use in printed and electronic city communication, such as the website, newsletters and brochures. Photos of projects, landmarks, buildings and events desired include high-quality images in Carlsbad locations for use in printed and electronic city communications, such as the website, newsletters and brochures. A "photo shoot" is defined as a half hour to two (2) hour session in one (1) general location. Contractor will provide city employees with a disc of high resolution digital (JPEG) files of images taken at the photo shoot within seven (7) (working) days. Resolution and size of digital JPEG images high resolution digital files, no larger than 30x40. City employees will handle scheduling based on availability of photographer, models and locations, identifying locations and obtaining release forms for models (when needed). Contractor will be in charge of obtaining signed model release forms from individuals participating in photo shoot with forty eight (48) hours’ advance notice from city staff. Contractor is responsible for printing copies of model release forms. City employees will accompany photographer on shoots (when needed) and provide direction regarding desired shots. City employees will provide a description of each shoot, including time, location, desired images and models. City or Contractor may cancel a scheduled shoot with forty eight (48) hours' notice for unavoidable, unscheduled and unanticipated schedule conflicts. City or Contractor may cancel a scheduled shoot with six hours' notice if weather conditions are deemed unacceptable for obtaining desired images. Photo shoots will generally occur during daylight hours. Most will occur between Monday and Friday, between the hours of 7:30 a.m. and 5:30 p.m., but up to twenty-five (25) percent of the shoots may occur during weekends. Contractor to edit photos as deemed necessary by the city and the photographer to correct for exposure or other imperfections. The cost includes the unlimited right of the City of Carlsbad to use the photos. Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of city. Contractor to provide camera equipment, including camera, batteries, power, flashes, film, light meters, tripods, memory cards. Contractor’s photos must be in color, unless otherwise noted by city employees Coordinate dates/times/locations with the city’s communication director, manger or communication coordinator Deliver via email to the communication & engagement department a link to images of each photo shoot within one (1) week. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 10 Videography 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. For each task, Contractor will produce materials by specific deadlines created by communications department. Contractor will receive written notice from communications department for each task and deadline date for each task. Dates and times will be mutually agreed upon by the parties and subject to the availability of city staff and Contractor. 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: • Shooting: Full day (5 hours or more) o $1000 still photos (5-8 hours) and additional $100 for each additional hour in excess of 8 hours o $1500 video (5-8 hours) and $125 for each additional hour in excess of 8 hours • Shooting: Half day (up to 5 hours) o $500 still photos o $700 video • Editing & Post Production $65 per hour • Green Screen, Keying and Masking edit $65 per hour • Voice Over $50 per hour • Voice Over (long form narration) $80 per hour • 2nd camera for alternative angles o Full day (5-8 hours) Second camera and operator-video $800 o Half day (0-5 hours) Second camera and operator-video $500 • Drone video capture 2 x 20 minute flights one location, FAA certified Part 107 pilot o $200 (up to two locations within five miles) o If visual observer required for BVLOS, (beyond visual line of site) $100 additional (FAA required for safety) _________________________________________ Not to exceed $40,000 per Agreement year. Other considerations • Written work products must follow the City of Carlsbad writing style guidelines and be free from Contractor logos or other branding elements. • Contractor is responsible for alerting the city’s project manager in advance in writing of any out of scope requests before commencing work. • Contractor will provide invoices to the city in a format specified by the Communication & Engagement director. • Contractor must get approval in advance in writing from the Communication & Engagement director prior to disclosing information about this contract or Contractor DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 11 activities on behalf of the city, including using this project for marketing purposes, case studies, professional association presentations and any other purpose. • Any creative/design products must conform of the City of Carlsbad brand guidelines. All work products must be provided in the following file formats: • Microsoft Word or Google Docs (for documents) • Microsoft Excel or Google Sheets (for spreadsheets) • Microsoft PowerPoint or Google Slides for presentations Please see below for Exhibit B for Video Format Acquisition Specifications and Exhibit C File Naming Conventions. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 12 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: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 13 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: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 14 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: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 15 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: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 City Attorney Approved Version 6/12/18 16 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: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 7/26/22, 9:31 AMGmail - APPLICATION FOR BUSINESS LICENSE ID- 25125 Page 1 of 1https://mail.google.com/mail/u/0/?ik=24032da993&view=pt&search…=msg-f%3A1739433438143400123&simpl=msg-f%3A1739433438143400123 John Gastaldo <jagastaldo@gmail.com> APPLICATION FOR BUSINESS LICENSE ID- 25125 business.license@carlsbadca.gov <business.license@carlsbadca.gov>Tue, Jul 26, 2022 at 9:28 AM To: jagastaldo@gmail.com Dear John Gastaldo, Thank you! Your new business license application has been received and is being reviewed. Your reference number is 25125. If any data was entered incorrectly, please email business.license@carlsbadca.gov and include your reference number. The current processing time is 3-4 weeks. An invoice for payment will be sent once your application has been processed and all necessary department approvals are received. Due to the high volume of applications received, we are unable to expedite the application. Thank you for your patience during this time. Sincerely, Business License Staff City of Carlsbad DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 UASA137d (February 1, 2016) Endorsement No. 16 Page 1 of 2 ADDITIONAL INSURED In consideration of the payment of the premium for this policy, it is agreed that: 1.As respects the insurance afforded by PART 1 - LIABILITY, policy SECTION III – WHO IS AN INSURED is amended to include as an insured each person or organization described in the Schedule, but only as respects his, her, or its liability because of your acts or omissions and to no greater extent than the scope of the insurance afforded by this policy. 2.As respects the interests of any person or organization shown in the Schedule, the insurance afforded by PART I – LIABILITY shall be primary without right of contribution by any other valid and collectible insurance available tothat person or organization. 3.Unless otherwise indicated in the policy, we waive any right of recovery we may have against any person or organization shown in the Schedule below because of payments we make for physical damage in accordance with COVERAGE B- PHYSICAL DAMAGE TO SCHEDULED AIRCRAFT, but only to the same extent that you have waived your right of recovery for such physical damage against such person or organization. 4.We may cancel this policy at any time as provided by its terms, but in such case, we shall notify any person ororganization shown in the Schedule at the address shown in this endorsement, when such cancellation shall be effectiveas to the interest of such person or organization at least: (a)ten (10) days before the effective date of cancellation if we cancel for non-payment of premium; or (b)thirty (30) days before the effective date of cancellation if we cancel for any other reason. 5.Unless otherwise indicated in this policy, the policy shall not apply to any assumption of the liability of any person or organization shown in the Schedule below by you for bodily injury or property damage caused by an occurrence arising out of any service performed by or on behalf of such persons or organizations. 6.As respects the interests of any person or organization shown in the Schedule below, the limit of insurance shall not exceed $1,000,000 each occurrence and this limit shall be part of, and not in addition to, the limit of liability set forth in the Declarations for the insurance described above. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective: July 28, 2022 Endorsement Premium: Included Attached to and made part of Policy No.: 9034310 Issued to: John Gastaldo Dba:John Gastaldo Photographer Global Aerospace, Inc. BY: UASA137d (February 1, 2016)Endorsement No. 16Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule PERSON OR ORGANIZATION: The City of Carlsbad its officials, employees and volunteers 1200 Carlsbad Village Drive Carlsbad, CA 92008 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 UASA137d (February 1, 2016) Endorsement No. 17 Page 1 of 2 ADDITIONAL INSURED In consideration of the payment of the premium for this policy, it is agreed that: 1.As respects the insurance afforded by PART 1 - LIABILITY, policy SECTION III – WHO IS AN INSURED is amended to include as an insured each person or organization described in the Schedule, but only as respects his, her, or its liability because of your acts or omissions and to no greater extent than the scope of the insurance afforded by this policy. 2.As respects the interests of any person or organization shown in the Schedule, the insurance afforded by PART I – LIABILITY shall be primary without right of contribution by any other valid and collectible insurance available tothat person or organization. 3.Unless otherwise indicated in the policy, we waive any right of recovery we may have against any person or organization shown in the Schedule below because of payments we make for physical damage in accordance with COVERAGE B- PHYSICAL DAMAGE TO SCHEDULED AIRCRAFT, but only to the same extent that you have waived your right of recovery for such physical damage against such person or organization. 4.We may cancel this policy at any time as provided by its terms, but in such case, we shall notify any person ororganization shown in the Schedule at the address shown in this endorsement, when such cancellation shall be effectiveas to the interest of such person or organization at least: (a)ten (10) days before the effective date of cancellation if we cancel for non-payment of premium; or (b)thirty (30) days before the effective date of cancellation if we cancel for any other reason. 5.Unless otherwise indicated in this policy, the policy shall not apply to any assumption of the liability of any person or organization shown in the Schedule below by you for bodily injury or property damage caused by an occurrence arising out of any service performed by or on behalf of such persons or organizations. 6.As respects the interests of any person or organization shown in the Schedule below, the limit of insurance shall not exceed $1,000,000 each occurrence and this limit shall be part of, and not in addition to, the limit of liability set forth in the Declarations for the insurance described above. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective: July 28, 2022 Endorsement Premium: Included Attached to and made part of Policy No.: 9034310 Issued to: John Gastaldo Dba:John Gastaldo Photographer Global Aerospace, Inc. BY: UASA137d (February 1, 2016)Endorsement No. 17Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule PERSON OR ORGANIZATION: San Diego County Water Authority, its directors, officers, employees and agents 4677 Overland Ave San Diego, CA 92123 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or maypertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. This certificatedoes not amend, extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims. GLOBAL AEROSPACE, INC. BY: ACZ006 (September 1, 2009)Page 1 of 1 Certificate No. ACZ0600022033 CERTIFICATE OF INSURANCE This certificate is given as a matter of information only and confers no rights upon the certificate addressee. Date: July 28, 2022This is to certify to:That the following policy has been issued to:San Diego County Water Authority, its directors,officers, employees and agents4677 Overland AveSan Diego, CA 92123 John Gastaldo Dba:John Gastaldo Photographer4462 Sapphire LaneOceanside, CA 92056 Policy No. 9034310 issued by one or more member companies of Global Aerospace Pool through Global Aerospace, Inc. Policy Period: from July 27, 2022 to July 27, 2023 Policy Territory: Worldwide AIRCRAFT AND COMMERCIAL GENERAL AVIATION LIABILITY Coverages Limits of Liability Single Limit Bodily Injury and Property Damage $1,000,000 Each Occurrence Third Party War Liability $1,000,000 Aggregate Policy includes Commercial General Aviation Liability coverages, with limits as shown in the policy. The WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured, but only with respect to his, her, or its liability because of acts or omissions of the Named Insured and to no greater extent than the scope of the insurance afforded by the policy. The insurance, as to the interest of the certificate addressee, shall be primary without right of contribution by any other valid and collectible insurance available to the certificate addressee. The Company waives any right to recovery it may have against the certificate addressee because of payments it makes for physical damage to aircraft described in this certificate, but only to the same extent that the Named Insured has waived its right of recovery for such physical damage against the certificate addressee. The Company agrees to give 30 days notice (10 if cancelled for non-payment of premium) to the certificate addressee in the event the policy is cancelled by the Company. Aircraft Covered: All unmanned aircraft owned and operated by the Named Insured. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or maypertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. This certificatedoes not amend, extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims. GLOBAL AEROSPACE, INC. BY: ACZ006 (September 1, 2009)Page 1 of 1 Certificate No. ACZ0600022034 CERTIFICATE OF INSURANCE This certificate is given as a matter of information only and confers no rights upon the certificate addressee. Date: July 28, 2022This is to certify to:That the following policy has been issued to:The City of Carlsbad its officials, employees andvolunteers1200 Carlsbad Village DriveCarlsbad, CA 92008 John Gastaldo Dba:John Gastaldo Photographer4462 Sapphire LaneOceanside, CA 92056 Policy No. 9034310 issued by one or more member companies of Global Aerospace Pool through Global Aerospace, Inc. Policy Period: from July 27, 2022 to July 27, 2023 Policy Territory: Worldwide AIRCRAFT AND COMMERCIAL GENERAL AVIATION LIABILITY Coverages Limits of Liability Single Limit Bodily Injury and Property Damage $1,000,000 Each Occurrence Third Party War Liability $1,000,000 Aggregate Policy includes Commercial General Aviation Liability coverages, with limits as shown in the policy. The WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured, but only with respect to his, her, or its liability because of acts or omissions of the Named Insured and to no greater extent than the scope of the insurance afforded by the policy. The insurance, as to the interest of the certificate addressee, shall be primary without right of contribution by any other valid and collectible insurance available to the certificate addressee. The Company waives any right to recovery it may have against the certificate addressee because of payments it makes for physical damage to aircraft described in this certificate, but only to the same extent that the Named Insured has waived its right of recovery for such physical damage against the certificate addressee. The Company agrees to give 30 days notice (10 if cancelled for non-payment of premium) to the certificate addressee in the event the policy is cancelled by the Company. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 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 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 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 OCCURRENCE DAMAGE 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 7/27/2022 Tom C. Pickard & Co., Inc. 820 Pacific Coast Hwy Hermosa Beach, CA 90254 800.726.3701 310-318-9840 www.TCPinsurance.com License # 0555411 Great American Insurance Company 16691 A 2,000,000SPP44947357/27/2022 7/27/2023 300,000 3 10,000 3 2,000,000 4,000,000 4,000,000 A SPP4494735 7/27/2022 7/27/2023 1,000,000 3 3 A Miscellaneous Rented Equipment SPP4494735 7/27/2022 7/27/2023 No Coverage A Props, Sets, Wardrobe SPP4494735 7/27/2022 7/27/2023 $10,000 Limit / $500 Deductible TCP&Co. - Tom Pickard Certs Dept. Certs@TCPinsurance.com 3 John Gastaldo Dba: John Gastaldo Photographer 4462 Sapphire Lane Oceanside CA 92056 69475411 3 3 33 3 performed by or on behalf of John Gastaldo. Coverage under this policy shall be primary insurance as respects the City, its officials, employees written notice of cancellation or reduction in coverage by the City of Carlsbad, California. All rights of subrogation are waived as respects all City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect to liability arising out of activities and volunteers. This policy will not be canceled, materially changed nor the amount of coverage reduced until thirty (30) days after receipt of additional insureds hereunder. 69475411 | gastjo1 | Master Certificate | TCP&Co. - Brian Lerman | 7/27/2022 3:10:44 PM (PDT) | Page 1 of 6 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US_CG 24 04_05/09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above 7/27/2022 John Gastaldo SPP4494735 The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect toliability arising out of activities performed by or on behalf of John Gastaldo. Coverage under this policy shall beprimary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled,materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice ofcancellation or reduction in coverage by the City of Carlsbad, California. All rights of subrogation are waived asrespects all additional insureds hereunder. City of Carlsbad1200 Carlsbad Village DriveCarlsbad, CA 92008 69475411 | gastjo1 | Master Certificate | TCP&Co. - Brian Lerman | 7/27/2022 3:10:44 PM (PDT) | Page 2 of 6 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. 7/27/2022 John Gastaldo The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect toliability arising out of activities performed by or on behalf of John Gastaldo. Coverage under this policy shall beprimary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled,materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice ofcancellation or reduction in coverage by the City of Carlsbad, California. All rights of subrogation are waived asrespects all additional insureds hereunder. City of Carlsbad1200 Carlsbad Village DriveCarlsbad, CA 92008 SPP4494735 69475411 | gastjo1 | Master Certificate | TCP&Co. - Brian Lerman | 7/27/2022 3:10:44 PM (PDT) | Page 3 of 6 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMER: COMMERCIAL AUTO CG 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are “insureds” under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: (Authorized Representative) Named Insured: SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an “insured” for Liability Coverage, but only to the extent that person organization qualifies as an “insured” under the Who Is An Insured Provision contained in Section II of the Coverage Form. 7/27/2022 John Gastaldo Dba: John Gastaldo Photographer The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect toliability arising out of activities performed by or on behalf of John Gastaldo. Coverage under this policy shall beprimary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled,materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice ofcancellation or reduction in coverage by the City of Carlsbad, California. All rights of subrogation are waived asrespects all additional insureds hereunder. City of Carlsbad1200 Carlsbad Village DriveCarlsbad, CA 92008 SPP4494735 07/27/2022 69475411 | gastjo1 | Master Certificate | TCP&Co. - Brian Lerman | 7/27/2022 3:10:44 PM (PDT) | Page 4 of 6 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 BP 86 41 (Ed. 11/06) PRO © ISP Properties, Inc., 2004 Page 1 of 1 POLICY NUMER: COMMERCIAL GENERAL LIABILITY INSURED: BP 86 41 (ED 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SAFEPAK® BUSINESS OWNERS POLICY SPECIAL FORM PART TWO - SAFEPAK® LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. PART TWO - SAFEPAK LIABILITY COVERAGE FORM, C. Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. 7/27/2022 John Gastaldo Dba: John Gastaldo Photographer SPP4494735 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 John Gastaldo. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled, materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice of cancellation or reduction in coverage by the City of Carlsbad, California. All rights of subrogation are waived as respects all additional insureds hereunder. City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 7/27/2022 69475411 | gastjo1 | Master Certificate | TCP&Co. - Brian Lerman | 7/27/2022 3:10:44 PM (PDT) | Page 5 of 6 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 CG E25 A S 08 04 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 With its permission. COMMERCIAL GENERAL LIABILITY CG E25 A S 08 04 Insured: Policy Number: Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY INSURANCE – NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV – COMMERCIAL GENERAL LIABILTY CONDTIONS, paragraph 4. Other In- surance, subparagraph a., Primary Insurance is amended as follows: a.Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. If the Named Insured has entered into an “insured contract” requiring that this insurance be primary and non-contributory, we will abide by that contract requirement. to 7/27/2022 John Gastaldo Dba: John Gastaldo Photographer SPP4494735 The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect toliability arising out of activities performed by or on behalf of John Gastaldo. Coverage under this policy shall beprimary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled,materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice ofcancellation or reduction in coverage by the City of Carlsbad, California. All rights of subrogation are waived asrespects all additional insureds hereunder. City of Carlsbad1200 Carlsbad Village DriveCarlsbad, CA 92008 07/27/2022 07/27/2023 69475411 | gastjo1 | Master Certificate | TCP&Co. - Brian Lerman | 7/27/2022 3:10:44 PM (PDT) | Page 6 of 6 DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, , am the [insert name] [title] of . I hereby certify that [name of company] [name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] then workers’ compensation and employers’ liability insurance will be obtained. [Name] [Title and name of company or corporation] John Gastaldo owner/operator John Gastaldo Photographer John Gastaldo Photographer John Gastaldo visual services, photo or video John Gastaldo owner, John Gastaldo Photographer DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 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, Communication & Engagement Director Aug. 4, 2022 (Name and Department) Date Proposed modification(s) to the PL requirement(s) for John Gastaldo (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: $40,000. 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 produce videos based on approved templates and specifications from the City of Carlsbad brand guidelines. Work products will be reviewed and approved by city staff with professional expertise in video production. Scripts will be reviewed and approved by city subject matter experts. Contractor will not distribute finished products; that will be the responsibility of city staff. Due to this limited role, the risk of professional liability is minimal. DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 Approved by Risk Manager for this contract only: (Signature) (Date) H:\WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc DocuSign Envelope ID: EB05DEFC-A8E8-42A0-9A8A-56ECE4B854C7 8/8/2022