HomeMy WebLinkAbout2013 CON Allied Productions - Video Recording Sweetwater High SchoolCITY OF NATIONAL CITY
SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ALLIED PRODUCTIONS
THIS AGREEMENT is entered into this 1st day of May, 2013, by and between the CITY
OF NATIONAL CITY, a municipal corporation (the "CITY"), and ALLIED PRODUCTIONS, a
sole proprietorship (the "CONTRACTOR").
WHEREAS, CITY has been awarded the Every 15 Minutes Grant through the California
Highway Patrol.
WHEREAS, the Every 15 Minutes Grant funds a program designed to discourage
teenagers from drinking and driving (the "Program").
WHEREAS, the Program includes a simulated pre -crash teen drinking, simulated drunk
driving crash (including injuries, deaths, and parental notification), and simulated courtroom
prosecution for selected student and parent participants from Sweetwater Union High School
("Simulation Activities").
WHEREAS, the Simulation Activities will be video and audio recorded.
WHEREAS, CONTRACTOR is experienced in providing video recording services for
the Program.
NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services
set forth herein in accordance with the following terms and conditions:
1. Description of Services. CONTRACTOR shall provide video services as outlined
in Exhibit "A". Additionally, CONTRACTOR shall load out after the assembly on May 16,
2013.
2. Length of Agreement.
a) Work to be started on May 4, 2013, and end on May 16, 2013.
b) The duration of this Agreement is through May 16, 2013.
3. Compensation. The total compensation to CONTRACTOR for providing the
services set forth herein shall not exceed a one-time cost of $5,000.00. The compensation for
CONTRACTOR'S work shall be based upon and shall not exceed the rates given in Exhibit "A".
4. Payment Schedule. CITY will make payment on May 16, 2013, at the end of the
assembly at Sweetwater High School.
5. Termination. CITY may terminate this Agreement at any time by providing a one
(1) day written notice to CONTRACTOR.
Revised February 2009
6. Independent Contractor. It is agreed that CONTRACTOR is an independent
Contractor, and all persons working for or under the direction of CONTRACTOR are
CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents,
servants or employees of CITY.
7. Insurance. CONTRACTOR shall obtain:
A. ❑ if checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
Revised August 2011
2
K. Insurance certificates must specify certificate holder as:
City of National City
ATTN: Risk Manager
1243 National City Blvd
National City, CA 91950-4301
8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its
Officers, employees and agents harmless from any liability for damage or claims of same,
including but not limited to personal injury, property damage and death, which may arise from
CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under
this Agreement. CITY shall cooperate reasonably in the defense of any action, and
CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.
9. Acceptability of Work. The City shall, with reasonable diligence, determine the
quality or acceptability of the work, the manner of performance and/or the compensation payable
to the CONTRACTOR.
10. Business License. CONTRACTOR must possess or shall obtain business license
from National City Finance Department before beginning work.
11. Miscellaneous Provisions.
A. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
B. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
C. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
E. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
F. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
G. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The CONTRACTOR shall comply with all
laws, including federal, state, and local laws, whether now in force or subsequently enacted.
H. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
Revised August 2011 3
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
I. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
J. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
any rule or construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR
on the date and year first above written.
CITY OF NATIONAL CITY
Leslie Deese, City Manager
PROVED AS TI `IRM:
Cl udia G.:f. Silva
City Atto
CONTACT INFORMATION
CITY OF NATIONAL CITY
POLICE DEPARTMENT
1200 National City Boulevard
National City, CA 91950-4302
Phone:
Fax:
Contact:
Title:
Dep.:
Email:
(619) 336-4357
(619) 336-4525
Marcus Macias
Police Officer
Police
mmacias@nationalcityca.gov
ALLIED PRODUCTIONS
r
By: `••..
Jam Gates, Owner
COMPANY: ALLIED PRODUCTIONS, INC.
9802 Eucalyptus Street
Spring Valley, CA 91977
Phone: (619) 787-4004
Fax:
Contact: James Gates
Title: Owner
Email: jim@alliedproductions.com
Taxpayer I.D. No.:33-0922940
Revised August 2011 4
Ronni Zengota
From:
Sent:
To:
Cc:
Subject:
Attachments:
Allied Productions [jim@alliedproductions.com]
Tuesday, April 23, 2013 10:51 AM
Ronni Zengota
jim@alliedproductions.com
Invoice from Event Design Pros (formerly Allied Productions)
Invoice_1051_from_Allied_Productions.pdf
Dear City of National City,
Your invoice is attached. Please remit payment at your earliest convenience.
Thank you for your business - we appreciate it very much.
Sincerely,
Event Design Pros
Invoice
Allied Productions
9802 Eucalyptus Street
Spring Valley, CA 91977-Alli
(619)660-9111
jim@alliedproductions.com
http://www.alliedproductions.com
Invoice #:
Date:
Due Date:
Terms:
Amount Due:
1051
04/23/2013
04/23/2013
Due on receipt
$5,000.00
Bill To:
City of National City
Date
05/04/2013
05/15/2013
05/16/2013
Activity Amount
PreCrash Shoot 4 Hrs 5,000.00
accident scene, accident notifications at 4
different locations, court room
Requires 4 different film crews to go to the
respective locations
video final completed by 0800. Video assembly
from 0800 - 1200.
All AV equipment for final showing
Total:
$5,000.00
Delivered by QuickBooks Online
04/23/2013 12:13 6196600909 ALLIED PRODUCTIONS
PAGE 01/01
ROM W-9
(Flaw. oncemberEa11)
OWT
I RevenueaSantao
Name pg elmwn on your;enema tax raturrq
aumm ee ram regarded enlfb Tome, It d fferent from above
3.
Request for Taxpayer
identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Check appropriate box for federal Sax eleadllbecen: 0 Pertnwehlp ❑ y'rtettleatata
hhelvido poele proprietor 0 o Corporation ❑ S corporation
0 Limited lleslilty compenri ester theta* aleeenfcaten (CeC corporation, See corporation, P=pannarehlp) ► ...... _ _�_---.._
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Retymetef Itame and nodulose (offence)
• Tax a klenWl :atioft Number (T- it
Enter your' TIN In the appropriate box. The TIN provided oust match the name given on the fore" One
a
to avold backup wtthholding. For IndMduals, this Is your social security number (Sae). However, trho
resident it Is eoleemployer
proprietor,n� s� � number {etzled (EENN)• If you d, see the onothew atenumber, on r,see How to get a
entitles, It Is your amp oYa'
TIN on page 8.
Nate- if the account Is In more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Soda) eecunty mincer
mi
11
Employer Idertt1 ieldie number
3-
9
2
0
Under peneitle* of perjury, I certify that:
1, The number shown on this term Is my correct taxpayer Identification number (or 1 am waiting far a number to be issued to me), and
2. I ere not subject to beokup withholding becalm (a) I am exempt from backup withholding,ll Ior nterest or dividends, I have notbeen (c) the IdSed by ie Internal nettled me that am
norviv OM) that ct tombac up wto beetleithholding,
e withholding es a result of a failure to report
o longer
nd
3. 1 am a U,S, citizen or other U.S, person (defined below).
Certification Instructions. You must cross out Item 2 above If you heave been nettled by the IRS that you are currently eub{e*t to backup withholding
bovuuee you have felled to report Alt Interest and dividends on your tax fetus. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of aouuted property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, peymenta other than interest and dividends, you are not required to an the certgoaton, but you must provide your correct TIN. See the
InetruCdnne on page 4.
Sigh Signature of
Here u,e. preen le
General Instruoti
Section references are to 1
noted.
Purpose of Form
A Porgy who Is required to Ale an Inforomation return with the IRS must
obtain your correct taxpayer identification number MN) to report, for
example, Income paid to you, real estate transaction, mortgage Interest
you
d�doacquisition
cqr trlbion r your d of
sReoty. rod promerb, rsncellatlon
Use )=orris W-g only If you ere a U.S. person (noltrd1ng a resident
alien, to provide your correct TIN to the parson regdeetle r It (the
requester) and, when applicable, to:
1. Carley that the TIN you are giving is correct (or you are walling fix a
number to be lamed),
2. Certify that you are not subject to backup withholding, or
9. Claim exemption from backup withholding If you ere s U.S. exempt
pewee. if applicable, you are alto certifying that as a U.S. person, your
le t su
bjee share of any partnership Income ct to the withholding t foreign partners' share ofelnass
effectively connected income.
boomer Revenue Oode unless otherwise
Crete le
Note. If a requester gives s other then Farm W'A to request
your TIN, you must use the u 's form If it is subatantatly aimller
to thla Form W-9•
Definition of a U.S. person. For federal tax purposes, you are
coneldeted a U.S. paxeon if you are:
• An individual who is a U.S. omen or U.S, resident alien,
• A partnership, corporation, tympany, or association created or
organized in the United States or under the laws of the United States,
• An estate (other then a foreign estate), or
• A donreade trust (as defined In Regulations section 301.7701.7).
Special rules for pert ienthfpe- Posinerehlps that conduct a trade or
business In the Linked States arc generally teetered to pay a Withholding
tax on an, foreign partnere' share of income from such business.
Further, In certain cases where e Form W-9 has not been received, e
partnership
y ante witIs hhold g taxto es, Therefore, If You area ti ume that a partner la e S. pparoonn thatend Is a
pier In a pmtll nlShip Conducting a trade or business in the United
states, provide Forrn W-9 to the pasbleoblo to establish your U.S.
centre and avoid withholding on your elate of partnership Income.
Cet. No.luee1X
irons W-9 (Roe 12-2011)
Ronni Zengota
From: Ed Garbo
Sent: Tuesday, April 30, 2013 11:27 AM
To: Ronni Zengota
Subject: RE: Insurance Docs for Allied Productions
Hi Ronni,
All looks good here,
Ed Garbo
Risk Management
From: Ronni Zengota
Sent: Tuesday, April 30, 2013 11:22 AM
To: Ed Garbo
Subject: Insurance Docs for Allied Productions
Hi Ed,
I just got the attached from Allied Productions (Video for Every 15 Minutes).
Please let me know if this is approved for insurance and then I can get the agreements signed
Thank you Ed
Ronni Zengota
Police Operations Assistant/Explorer .Advisor
(619) 336-4516 FAX: (619) 336-4525
rzengota@na.tionalcityca.gov
1
A O ° CERTIFICATE OF LIABILITY INSURANCE &_20 am
rug CERTIFICATE IS ISSUED AS A bd PER OF lNFORMA7JoN ONLY AND CONFERS NO MONTS UPON Tug a come -ATE HOLDER. THE
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POI.JCI lS
BELOW THIS CERTIFICATE OF INSURANCE DOES Nov CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITION�INSL Uan endorsement. must
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the terms and conditions of the policy, certain policies may require
certificate holder In Ilsu of such endoreerna t(s). ,
PROWcER
Tracy SekhOn insurance
16958 Bernardo Center Dr., 9202
San Diego, CA 92128
Ruled ProducOena
9802 Eucalyptus St.
Bpdn Valley, CA 81977
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04/26/2013
OERC1EPT0F OF ONERATIONS I LOCATIONS I VEHICLES (AfischACORO W1 , MdHI nal Reworks SehocI41a. 1f moru cpeco is noRred)
CERTIFICATE HOLDER
City of National City
ATTN: CayAttomey%Office
1243 National city Blvd
Net onai City, CA 919504301
ACORD 2S (20tUIDE)
CANCELLATION
5,000
1,000,000
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THE EXPIRATION DATE IHER50F,
ACCORDANCE WITH THE POLICY PROVISIONS.
The ACORD name and logo are
wwafJ Eo RERREterreATIIIII
R+ 1888,2010 AGORA CORPORATION. Ali rights reserved.
red marla3 of ACORD
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04/30/2013 11:07 6196600909
ALLIED PRODUCTIONS
PAGE 02/03
POLICY NUMBBR: 605455767
RUSINESSOWNERS
EP04480187
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE"
Nam Of Person Or Organization: Chy ofNational City ATTN: City Atlon,eyes Oahe
" Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla-
rations.
The following Is added to Paragraph C. Who Is An
Insured in the Businessowners Liability Coverage
Form:
4. My person or organization shown in the Schedule
is also an insured, but only With respect to liability
arising out of your ongoing operations or Rises
owned by or rented to you.
etoi1
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04/30/2013 11:07 6196600909
ALLIED PRODUCTIONS
PAGE 01/03
City of National City
(To be submitted only when there are no employees subject to Workers' Compensation)
DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO:
00r,41 bJ
(Company Name)
For the pepose of I during the City of National City to go forward with any contracts awarded to
�U D U C. LD r3 $ (Company), !declare as fa lows;
I, J A4At S Clac"rrt--g (name) , (title), am
authorized to execute this document on behalf of 4/ t:I Fit', Pie, Edo C't`L0h}5 (company)
with respect to compliance with the California Workers' Compensation ant Labor laws.wAll work required
will be performed personally and solely by volunteers of LLt�j �} t�Ucs-r orU s
(company), who are Independent contractors. If, however CCl6.D t"flb prJ4ZC
(company) shallwe�r be required to hire employees or Subcontractors to perform this contract
rT� /tom Crr?ot2JGl`i pn)S (company) shall obtain Workers' Compensation Insurance and/or
provide proof of Workers' Compensation Insurance coveragevto the City of National City.
This document constitutes a declaration by r!�CG1 Sr, PtZOr>r)['G10// S
(company) against its financial interest, relative to any claims which may be asserted under the California
Workers' Compensation aAd/or Labor laws against the City of National City relating to any bid or contract
awarded 4Z/ 17.0 rVZi%W -r0014 (rampant),
12.11- (company) Will defend, Indemnify, and
hold harmless the City of National City, its officers and employees, from any and all claims and liability,
including Workers' Compensation claims and liability that may be asserted or established by any party In
the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a
claim against or alleges liability of the City of National City for Workers' Compensation, and it will further
indemnify the City of National City, its officers and employees, for all damages the City thereby suffers.
I agree that th4se declarations shall constitute an addendum to any bid or contract awarded to:
/9'C/£:2 OPC,h raNS (company).
Dated: A o`Z 20 (3 .
r (�Q.
(company)
By:
(Si ature of Authorized Representative)
(Name and Title)
04/30/2013 11:15 6196600909
ALLIED PRODUCTIONS
PAGE 01/02
141
City of National City
(To (*submitted only when there are no employees subject to Workers' Compensation)
DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO:
(Company Name)
For the urpose of ducting the City of National City to go forward with any contracts awarded to
A . isf, tt7 ,f21) ( I O k)S (company}, I declare as follows:
I, j A'A.( �4YiS {name) , f )& IYte�_ ore), am
authorized to execute this document on behalf of 1 9.0 Pf?n t7O C rl ok) (company)
with respect to compliance with the California Workers' Compensation an Labor laws. All work required
will be performed personally and solely by volunteers of ,�C}(,U4.»P tact oat) g
(company), who are independent contractors. If, however / 1cc t C D fen) Ma) S"
(company) shall ever be required to hire employees or Subcontractors to perform this contract,
eJ(C 10 laorootr NJ (company) shall obtain Workers' Compensation Insurance and/or
provide proof of Workers' Compensation Insurance coverage to the City of National�ICity.
This document constitutes a declaration by F—C.(.l ;J.')1f2(?t?iX l o 11.1 s
(company) against its financial interest, relative to any claims which may be asserted under the California
Workers' Compensation/or Labor laws against the City of National City relating to any bid or contract
awarded ALL/ f? rzOut t°45 (company}.
i evz60 0.(ip rm.is. (company) will defend, indemnify, and
hold harmless the' City of National City, its officers and employees, from any and all claims and liability,
including Workers' Compensation claims and liability that may be asserted or established by any party in
the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a
claim against or alleges liability of the City of National City for Workers' Compensation, and it will further
indemnify the City of National City, its officers and employees, for all damages the City thereby suffers.
[� I agree that t se declarations shall constitute an addendum to any bid or contract awarded to:
l J t�1 di teb ( penY).
Dated; a1 2011 AW W9 f ho p'G i t50
(company)
By:
(Si
ature of Authorized Representative)
(Name and Title)
• Ronni Zengota
From: Marcus Macias
Sent: Thursday, April 18, 2013 6:00 AM
To: Ronni Zengota; Graham Young
Subject: FW: every 15 minutes "Ballpark" quote
Here is one quote. FYI I will be out of town today.
From: Philip Ferrari[mailto:philipferrari@gmail.com]
Sent: Wednesday, April 17, 2013 2:38 PM
To: Marcus Macias
Subject: every 15 minutes "Ballpark" quote
Hi Officer Macias
We are excited to present a quote for production for the Every 15 minutes video project.
We are prepared with two video crews for the 5th of May, and four video crews for May 15th to document
all the scenarios for those days. We will edit the footage and create a DVD for the rally on May 16 at 10 AM.
Our fee inclusive of all production and editing is $8000.
Please let us know if we can meet with you and your team as soon as you make your decision regarding this
video.
Thank you,
Philip Ferrari
Ferrari Productions
Phone: 858-792-8011
www.ferrariproductions.com
philipferrari@gmail.com
phil ferrarioroductions.com
FERRARI
PROOUCTI0NS
1
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
ALLIED PRODUCTIONS
Video Recording Services
"Every Fifteen Minutes" Event
Sweetwater High School
May 15 - 16, 2013
Ronni Zengota (Police) Forwarded Copy
of Agreement to Allied Productions