PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MARKETWORKS
FOR
ON-CALL VIDEO PRODUCTION AND MEDIA SERVICES
FOR HUNTINGTON BEACH CHANNEL 3 - HBTV
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MARKETWORKS, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform on-call video production and media services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Matt Liffreing who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.
CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.
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TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 2026 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Fifty Thousand Dollars ($150,000).
EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained
METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 26-18111/414653 2 of11
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DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration ot termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents ot employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8.
Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less : than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 26-18111/414653 4 of 11
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policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and
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shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 26-18111/414653 6 of 11
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event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested:
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TO CITY: TO CONSULTANT:
City of Huntington Beach Marketworks
ATTN: City Manger ATTN: Matt Liffreing
2000 Main Stree 20321 Tidepool Ct., #202
Tuntington Beach. CA 9264 Tuntington Beach, CA 9264
17. CONSENT
When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 26-18111/414653 8 of 11
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neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 26-18111/414653 10 of 11
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH, a
MARKETWORKS municipal corporation of the State of
California
MATT LIFEREIAY Mayor
print name
ITS: (circle one) Chairman Presiden/Vice President
City Clerk
AND
INITIATED AND APPROVED:
By:_
print name City Manager
ITS: (circle one) Secretary/Chief Financial Oficer/Asst.
Secretary - Treasurer
APPROVED AS TO FORM:
Pr Da
A City Attorney
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Video Production and Media Services for Huntington Beach Channel 3 -HBTV B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT A
EXHIBIT A
KIDNEYS
Marketworks
Marketworks Video
MATT LIFFREING
20321 Tidepool Ct. #202
Huntington Beach, CA 92646
714.293.2120
RESPONSE TO REQUEST FOR PROPOSAL
ON-CALL VIDEO PRODUCTION AND MEDIA SERVICES
FOR CITY OF HUNTINGTON BEACH
FEBRUARY 25, 2026
A. Cover Letter and Vendor Application
March 2, 2026
Alyssa Salazar, Buyer - [email protected]
City of Huntington Beach Finance Department
2000 Main Street
Huntington Beach, CA 92648
RE: Response to Request for Proposal: On-Call Video Production and Media Services for Huntington Beach HBTV and Platforms.
Dear Ms. Salazar,
I am honored to submit this proposal on behalf of Marketworks for continued video production services to the City of Huntington Beach. For more than 38 years, 1 have provided professional video messaging or storytelling across multiple departments, found on the City's platforms, including HBTV, and YOUTUBE, while maintaining consistent responsiveness, quality and professionalism, adapting to evolving technologies.
My work with the Office of Communications, PIO, Public Affairs staff has focused on delivering reliable, quality content with efficient turnaround and strong institutional understanding of municipal communication needs.
This proposal reflects key elements that are important for future programming needs, and I am grateful to have received professional recognition that verify my commitment to future City success,
• Received Huntington Beach City Council Commendation for 40 years of video service (July 2022)
• Received State of California and Congressional Recognition for 40 years of service (June & July 2022)
• Received "Heart Beat of HB Award," Huntington Beach Chamber of Commerce (February 2022)
• Pillar of Achievement (Golden West College 2018)
• National School Bell Award (Assistance League 2017)
• CPRS Award of Excellence (HB Community Srvs. -Digital Media 2015) • HB Mayor's Excellence Award, (November 18, 2012)
• NATO Award HB Wetlands Documentary (2010)
Key elements of this proposal highlight comprehensive experience across all relevant levels of video production and evolving technologies. These include productions that require multiple recording equipment of different brands, that take us from a community one-camera event to the Independence Day Parade & festivities or town halls with multiple cameras and switchers. (3)
Other key elements that are presented in this response, include the ability to capture historically relevant previously recorded content and repurpose for other productions like the series' I produce, "FlasHBack", "Hidden Huntington Beach" and "Surf Scene with PT." Working with at times sensitive archived content requires discretion, accuracy and historical awareness. My tenure with the City and thus the wider community strengthens my ability to simply...create, with professionalism and care.
Additionally, for programs such as "Mayor's Spotlight Awards", I collaborate directly with honorees to obtain supplemental media, including photos, videos and event information. These materials are reviewed, edited and integrated into the final taped production from "their moment with the mayor", creating a more meaningful celebrate and keepsake forever, enhancing the City's public image through thoughtful, community-centered storytelling.
I appreciate this opportunity to continue my long-standing relationship with the City of Huntington Beach in regard to effective storytelling using video. Having lived in Huntington Beach for over 5 decades, and fostering community relationships with organizations like Kiwanis Clubs, Lions, Boys and Girls Clubs, Waymakers Youth Shelter, Surfing Walk of Fame, and Assistance League, to name a few, I have been able to connect the community of Huntington Beach with that would be through HBTV long-form programming, short-form or whatever the digital world brings, I am uniquely qualified to align content with the City's communication goals.
I appreciate this opportunity to submit this proposal as a response to the RFP. I have read the RFP and the Professional Services Contract Agreement. The proposal price will be valid for a period of at least 180 days. I stand available at any part of this process to answer any questions at any moment per your convenience.
Respectfully,
matt Liffreing
Matt Liffreing
20321 Tidepool Ct #202
Huntington Beach, CA 92646
714. 293. 2120
[email protected]
Attachments (3) - Request for Proposal-Vendor Application Form Respond to Request for Qualifications Proposal
Reference Letters
(4)
B. BACKGROUND AND PROJECT SUMMARY SECTION
1. Scope of Work
Marketworks is prepared to meet the video needs of the City of Huntington Beach, its Communications Committee, Office of Communications and the Public Affairs team, staff and related departments. Service categories include: Live Program Direction and Switching, Feature Content Generation, and Regular Event Coverage.
Marketworks provides customized, HB-centric storytelling designed to reflect the City's history, culture, and evolving identity. Utilizing the proven skills to produce finished edits include HD/4K recording videography and editing to the standards set forth (including adjusting aspect ratios from 4K like for REELS) while incorporating the brand guidelines to make HB a distinctive style is most important and understood. Using voiceover, closed captioning, music licensing, animated/motion graphics, social media, short and long version recording, drone, live steaming, or Live to Tape, drives technical execution structured to support and thus meet immediate and long-term communication objectives. The scope encompasses historical programming, cultural and diverse and signature events, community volunteers and Hereros, to celebrate our surfing/car culture and its relationship to the HB community and neighboring communities.
C. METHODOLOGY
1) IMPLEMENTATION PLAN
Having over 30 years' experience as an outside contractor on-call video provider, producer, host, editor, re-enforces the need for quality communication at all levels of production. One of the key elements of a secure and stringent workflow process is being mindful of time. Being on time for monthly or specific production meetings is important, as well as the methods and approach to achieving successful productions, like being ahead of time at events is the utmost - to plan, to set audio and camera levels correctly and always have a backup plan just in case of unforeseen changes. Because of my previous experience at covering a wide variety of topics, events, issues, etc., I am more sensitive to the environment around me when recording; the very nature of where am and the events I may be covering sets my workflow in a manageable process, as Marketworks prefers to shoot, edit and upload for review as soon as possible. I communicate by either text, phone or email during the process, and/or as directed by the Office of Communications.
Working with multi-productions creates a priority list within the workflow and generates a timetable that best suits professional and Broadcast level cameras, importing captured video, working with sub-contractors, incorporating the latest editing software versions and more.
(5)
Because I live so close to City Hall, I am at an hours' notice-there, to review footage, to capture footage, to drop off needed materials or receive when an email or the Internet is not cooperating. This is true when there may be stakeholders involved and time is of the essence. I am close.
2) CLIENT SATISFACTION
Satisfaction is created from the beginning of a project and understanding the initial overview set forth first by the Office of Communications, to the process of creating the final edit; communicating throughout as needed, especially if there are any production issues that come up or questions I may have on certain aspects of the edit that may result in "less time" for the client to spend on review- later- is consideration for the Office of Communications. Additionally, while I'm on location, to be able to take static or short videos and send them directly to the Office of Communications upon immediate request is a plus!. A secure way of proofing video footage or proofing edits has been successfully established by the Multimedia Coordinator from OOC. If there are any technical issues where a deliverable can't be electronically delivered, I am only minutes away from City Hall and can furnish a thumb drive.
Another secure back-up is sending a broadcast standard WETRANSFER file or Google Drive at no cost to the City.
3) PROJECT SCHEDULE
Starting from an early meeting at the Office of Communications, projects are discussed, and timetables are agreed upon for deliverables. In case regular series programs can't be met because conditions are out the control of normal practices, like guests' scheduling conflicts or holidays, those dates will be rescheduled as soon as possible. Being in contact with the Office of Communications and the Multimedia Coordinator is central to changes in project timetable and to assure quality control. 4) SPECIFIC TASKS
Projects are looked at by key personnel and consulted on an individual basis. There may be two cameras needed, each with specific tasks in the direction, style, video mode, and or composition. With for example, live steaming - tasks are divided up by the producer, to the director and who will be running cameras and or on-camera talent. With single camera shoots, tasks would include arranging for interviews ahead of time by the shooter or producer. Editing tasks include importing video, establishing and building a library for the project, identifying what editing options or special software/graphics are needed, appropriate sound, music or sound effects. (6)
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:
SEE ATTACHED EXHIBIT B
B. Travel Charges for time during travel are not reimbursable.
C. Billing
All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it.
Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.
A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A)
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until le parties agree that past performance by CONSULTANT is in, or has been broug nto compliance, or until this Agreement has expired or is terminated as provide 1 Exhibit B
Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. • Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B
EXHIBIT B
G. Fee Proposal/Per Hour as requested
HD Shooting - Short and or Long version programming
• $95.00 -$150.00 on location/Per Camera - $75.00 in studio Camera Operator Video Editing
• $70.00 - $85.00
Voice Over Talent
• $70.00 - $90.00
Closed Caption Capability
• $75.00 - $100.00
Animation/Motion Graphics
• $65.00 - $85.00
Social Media (Direct record or post edited videos)
No Charge for posting & description from Marketworks' edits $70.00 Record Live or taped on location
(15)
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MADDAYYY 412712026
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
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
Patriot Growth Insurance Services, LLC TENG. Ho): 714-252-8253 Huntington Beach CA 92647
INSURERS) AFFORDING COVERAGE MAIC I
License: 014560 INSURERA: Hartford Underwiers Insurance Co 30104 INSURED MATTLIF-D1 INSURER B: Philadelphia Indemnity Insurance 18058 Matt Liffreing DBA: Marketworks
20321 Tidepool Cir Unit 202 INSURER C:
Huntington Beach CA 92646-8545 INSURER D:
INSURERE:
I INSURER F:
COVERAGES CERTIFICATE NUMBER: 1103321184
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOW MAY HAVE EN EUROS HERE IS SUE TO ALL THE TERMS.
TYPE OF INSURANCE INSP. WYD POLICY HUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 72SBABC9UF4 8/3/2025 8/3/2026 EACH OCCURRENCE $1,000,000 ]CAIIS-AUDE X OCCUR DANAGE TO RENTED S1,000,000
PREMISES (Ea occurrence)
MED EXP (Any one person) $ 10,000
PERSONAL & ADVINJURY $1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000 X POLICY I LOC PRODUCTS- COMPOP AGG $2.000,000
OTHER:
AUTOMOBILE LIABILITY
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MICHAEL. J. VIGLIOTTA
CITY ATTORNEY
CANCELLATIONCITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ACC WITH THE POLICY PROVISIONS. EXPIRATION DATE NOTICE WILL BE DELIVERED IN City of Huntington Beach
2000 Main Stree AUTHORIZED REPRESENTATNY
Huntinglon Beach CA 92648
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That is other insurance available to
out or the peris o (1) The total amount that all such other insurance would pay for the loss in the
operalions, or products and completed absence of this insurance; and operations, for which you have beer (2) The total of all deductible and self- added as an additional insured by tha insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.
However, the following provisions
apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, whichever comes first.
have agreed in a written contract,
written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the tolal below. applicable limits of insurance of all insurers
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or payment, including
permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are additional insured's The insured must do
this insurance is nothing after loss to impair them. At our primary and we will not seek
contribution from that other
insurance.
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
additional insured.
recove insured last waived per sight of
recovery against any person
organization for all or part of any payment,
including Supplementary Payments, we
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, THE ST
HARTFORD
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organizations) Identified in Paragraphs a. through f. below are additional insureds when you lave agreed, in a written contract or written agreement, or when required by a written permit issued by a state o governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organizalion is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The Insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDIGAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "properly damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3
© 2021, The Hartford
(May Include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE
HARTFORD
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as :
container, part or ingredient of any other thing or substance by or for the vendor; o (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on Its behalf. However, this exclusion does not apply to:
(1) The exceptions contained in Paragraphs (d) or (f); or (II) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
2) This insurance does not apply to any insured person or organization from whom you have acquired suc roducts, or any ingredient, part or container, entering into, accompanying or containing such produc b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which fakes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, 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 connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(I) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(il) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This Insurance does not apply to "bodily injury", "properly damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including i) The preparing, approving, or fallure to prepare or approve, maps, shop drawings, opinions reports, survays, field orders, change orders, designs or drawings and specilications; ol (il) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodlly injury", "property Form SL 30 32 06 21 Page 2 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE L
HARTFORD
damage", or personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issulng Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "producis-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categorles or classes listed above in Paragraphs a. through e. above, but only with respect to liabllity for "bodily injury", "properly 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 operalions performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only If:
(I) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(Ii) This Coverage Part provides coverage for "bodily injury" or "property damage" Included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.
Form SL 30 32 06 21 Page 3 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)