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HomeMy WebLinkAboutJUSTIN PHU MEDIA INC.Docu Sign Envelope ID: D93BEE01-D3BF-4597-9CF0-674BF9E42FFB INSURANCE NOT ON FILL JVF «E YUSTINPHU N-2024-202 WORK MAY NOT PROCEED CITY CLERk DAIi.., JUN 1 7202 PRODUCTION AGREEMENT C(P, Cf\)- his Agreement ("AGREEMENT") is entered into this June 5, 2024, by and between Justin Phu c "Media Inc. ("PRODUCER"), and City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, located at 60 Civic Center Plaza, P.O. Box 1981, Santa Ana, CA 92701 ("CLIENT"). Client and Producer may also hereinafter be referred to as "Party" or the "Parties", as applicable. WHEREAS, Producer confirms it has the know-how and professional expertise to film and [potentially] edit the video project ("Videos", "VP"); and WHEREAS, Client agrees to pay for the services to be performed by Producer; and WHEREAS, the parties desire to enter into a business relationship to be governed by the terms and conditions set forth herein; NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SUBJECT OF THE AGREEMENT. Client has provided Producer with instructions for a series of videos ("Videos", "VP") to be filmed by the Producer. The Parties have agreed that Producer will film the Video Project and edit the VP given a 60-business day turnaround time. The VP deliverables include (1) 3-5-minute main recruitment video and (5) :15-:30 second social media videos exclusively for Santa Ana Police Department. All files will be delivered in 4K, 16:9 aspect ratio, .mp4 format or 1080p 9:16 aspect ratio, .mp4 format (for social media) and terms agreed upon in our Proposal which are listed in Exhibit Al -A3 which are attached and incorporated herein. This is a material condition for the Client to enter into this Agreement. 2. SCHEDULE AND SERVICES TO BE PROVIDED BY PRODUCER. Producer will film the VP on dates that are still To Be Determined. First cut review is tentatively set for 30- 45 business days after the last day of video production. Client is entitled to two revisions in accordance with the Post -Production Schedule determined by Producer. Any delay in delivery of revisionary notes (2 Business Days) will delay Final Delivery. If Client changes the final delivery date for any reason, additional costs of $150 per day will be incurred for every day there is a delay. The Producer will deliver final files 60-Business Days after the final day of production (tentative date given no delays in feedback). Producer grants Client Global usage rights with no limitations for perpetuity as it related to the final files supplied. Final Files do not include software as those files are proprietary property that belong to Producer. 3. FEES AND PAYMENT TERMS. The total estimated cost of VP is $28,400.00 USD for three (3) days of filming. This estimate is based on the instructions provided by Client and Producer's approved Proposal, "Santa Ana Police Department— Recruitment Video INITIALS: ,��5 ,/d /0 1 DocuSign Envelope ID: D93BEE01-D3BF-4597-9CF0-B74BF9E42FFB JUSTINPHUMEDIA Proposal by Justin Phu Media", by the client. The estimate includes, but is not limited to, expenses for the following items: all pre -production, production, and post -production costs, equipment, contractors, transportation, location, as well as usage as defined in Section 4 below. 3.1 In accepting the estimate, and in consideration of Producer's services in connection with the Video, Client hereby agrees to pay Producer 50% of the estimate price, or $14,200.00 before production begins upon receipt of the respective invoice(s) and according to the terms therein. The next payment of $7,100.00 will be due NET 10 days after filming production is concluded. The remaining payment of $7,100.00 USD is payable NET 30 upon delivery of Final Invoice once the final cut of the recruitment video is approved. 3.2 Notwithstanding the foregoing, Producer will be paid for any additional production expenses incurred, including but not limited to costs relating to insurance, equipment, contractors, transportation, location etc. if Client delays the production. If client chooses to defer paying any amount beyond the date on which it is due, the Client may be charged a late fee of $150 per day after 30 business days of deferred payment. Client acknowledges and accepts the presence of a Contingency Fund, as outlined in the proposal, with a budget of $2,500.00. This Contingency Fund serves as a precautionary measure to address unforeseen circumstances and additional services that may arise after the contract is executed. Access to the Contingency Fund shall only occur with the mutual written consent of all parties involved, should the need for unforeseen services, such as overtime fees, permitting and insurance complications, or additional editing, arise during the course of the project. The Contingency Fund is not included in the initial total sum of the video project fees and will only be activated upon unanimous agreement 3.3 Producer will be paid for any additional production expenses incurred as it relates to overtime including but not limited to costs relating to location, contractors, equipment, transportation, insurance etc. Overtime is based on a 10-hour production day including but not limited to work performed on and off set and during the production process in addition to work performed on weekends and holidays. Overtime costs are an additional $1,500 per hour after 10-hours of any production day. Post Production Editing is not susceptible to overtime charges. If additional editing hours are needed, it will be charged at the regular rate of $150 per hour. 3.4 If Client cancels the production of the Video according to Section 7 below, Client shall pay to Producer any costs reasonably incurred by Producer prior to the cancellation of the Video within five (5) days after invoice, provided Producer provides Client proof of such costs (e.g. invoices, etc.). If notice of cancellation/postponement is given more than halfway through the production schedule of the job, that is between the award or start date and the final delivery date, whichever comes first, the Client will be liable to the Producer for the cost incurred. If the job is canceled or postponed within the guideline 5 INITIALS: ��2 DocuStgn Envelope ID: D93BEE01-D3BF-4597-9CFO-B74BF9E42FFB JUSTINPHUMEDIA time frame, it is unlikely that this time can be re -booked. It should be understood that this time represents the Production Company's only source of income. 3.5 If at any time, Client desires to make any changes or variations from the script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Producer, Producer agrees to notify the Client of the amount before any such additional costs are incurred and Producer shall proceed only after receiving approval (written or oral) from the Client and Justin Phu, approval by Client shall be binding and incorporated into the terms of this Agreement. Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment Net 10. 3.6 Any additional costs incurred by the Producer due to adverse weather conditions or other similarly unforeseen and uncontrollable factors, shall be paid by Client, provided that (i) both Parties agreed to postpone the edit and (ii) the Producer provided proof of any such additional costs incurred (e.g. invoices, etc.) 3.7 Contingency and Weather Days: a. A contingency day is any day where a schedules media/film shooting has been prevented from occurring due to circumstances beyond the control of the production company. b. These circumstances may include but should not be limited to: 1. Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by Client). 2. Injury, illness, or absence of client -supplied elements (e.g. key talent, color correct products etc.). 3. "Force majeure" (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God). 4. "Client Insured Re -Shoot" (any additional days for a job insured by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day. c. The Production Company recognizes its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices. d. The Production Company will quote the maximum exposure figure (a "not to exceed" figure) as a contingency day cost. This will be a cost per day figure. However, this figure does not include the cost of premiums for crew or suppliers (i.e., should the contingency day fall on weekends, holidays, or premium days based on consecutive employment). 3.8 The total cost of this Agreement shall not exceed $30,900 which includes $28,400 for video production, and a $2,500 contingency fund. Ds INITIALS: �� 3 DocuSign Envelope ID: D93BEE01-D36F-4597-9CF0-B74BF9E42FFB JUSTINPHUA„ E A E 4. INTELLECTUAL PROPERTY RIGHTS. Client shall own the final Videos/VP. Client shall ensure all proper likeness rights are obtained from anyone in the Videos/VP. CONTRACTOR. It is understood that Producer's status under this Agreement is that of a contractor and that all persons engaged by Producer in performing its obligations shall not be deemed employees of Client. LIABILITY. Producer shall ensure that Video and all footage produced by Producer complies with the laws of California and does not infringe any intellectual property rights (including copyright) or any other rights of third parties. 6.1 Producer understands that some information for said media(s) may be of a confidential and/or sensitive nature. The Client agrees to allow the Producer to use the source footage and behind the scenes footage captured for this VP, and expressly approved for use by Client, for business marketing purposes. The approved footage can be shared and distributed on public forums owned by the Producer— such as social media, website, emails, and marketing collateral. The source footage from this VP will never be sold or for sale to any other 31d party organization. 7. TERMINATION OF AGREEMENT. This Agreement shall be effective from the date first listed above until December 31„ 2024, unless sooner terminated by either party in accordance with the terms and conditions of this Agreement ("Term"). This Agreement is terminable by either party at any time, with or without cause, effective upon notice to the other party. If Producer exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement shall cease immediately, except that Client shall be obligated to compensate Producer for work performed up to the time of termination. If Client exercises its right to terminate the Agreement, the Producer shall bill for reasonable incurred costs. 8. CONTINUING OBLIGATIONS OF CLIENT. All provisions of this Agreement relating to the protection of Producer's Confidential Information, Non -Solicitation and Non - Competition, Limitation of Liability, Indemnification, and Dispute resolution, shall survive expiration or termination of this Agreement for any reason. 9. INSURANCE. Prior to undertaking performance of work under this Agreement, Producer shall maintain and shall also require any subcontractors, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to Client. borne by Producer. 5 INITIALS: 7 4 Total cost of such insurance shall be DocuSign Envelope ID: D93BEE01-D3BF-4597-9CF0-B74BF9E42FF6 f �4 JUSTINPHU�r��: iI MINIMUM SCOPE AND LIMIT OF INSURANCE: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. 3. Workers' Compensation_ as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. 4. Aviation Liability Insurance: on an occurrence basis, with coverage for injuries to persons or damage to property, products and completed operations, which may arise from or in connection with the ownership, maintenance or use of the Unmanned Aerial System, with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. This coverage may be provided by endorsement to the CGL policy. If Producer maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, Client requires and shall be entitled to the broader coverage and/or the higher limits maintained by Producer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Client. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. Client, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Producer's CGL and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Producer's Insurance company(ies) agrees to waive all rights of subrogation against Client, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Producer under this Agreement. S INITIALS:_ �P5 DocuSign Envelope ID: D93BEE01-D36F-4597-9CF0-B74BF9E42FFB JUSTINPHUEDIA 3. For any claims related to this contract, Producer's insurance coverage shall be primary and any insurance maintained by Client, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Producer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policy(ies) required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non - renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to Client. Ten (10) days prior written shall be provided to Client for policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A-M. Best rating of no less than A:VII, unless otherwise acceptable to Client. Verification of Coverage Producer shall furnish Client with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Producer's obligation to provide them. Client reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Client reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Producer agrees that at all times during the filming of the Video it will maintain at least $2 Million per occurrence and $2 Million aggregate for drone use. S INITIALS: ��6 DocuSign Envelope ID: D93BEE01-D3BF-4597-9CF0-B74BF9E42FFB JUSTINPHUpr E 4 E 10.ADDITIONAL PROVISIONS. 10.1 ARBITRATION. Any dispute arising out of or relating to this Agreement, or any breach thereof, shall be resolved by binding arbitration in Orange County, California, in accordance with the Arbitration Rules of the American Arbitration Association then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any courtof competent jurisdiction. All costs and expenses, including attorney's fees, relating to the resolution of any such dispute shall be borne by the party incurring such costs and expenses. Notwithstanding their promise to arbitrate all disputes, the Parties acknowledge that either of them may seek emergency or temporary injunctive relief, but absolutely no other relief, in any court of competent jurisdiction. All other disputes, claims and remedies shall be settled by arbitration. 10.2 INDEMNITY. CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD PRODUCER, AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HARMLESS FROM ANY AND ALL LOSSES, CLAIMS, LIABILITIES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES), WHETHER IN TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE PERFORMANCE OF CLIENT'S WORK. 10.3 LIMITATION OF LIABILITY. In no event shall either party be liable to client for any indirect, incidental, consequential or punitive damages, or for loss of profits, revenue or data, whether in an action in contract, tort, strict liability, or otherwise, even if even if the party is aware of the possibility of those damages. Producer's liability on any claim for any loss or damage arising out of or in connection with or resulting from this shall in no case exceed the value of this Agreement, as defined above. 10.4 CLIENT'S REMEDY. Client's remedy, if any, for any breach of this Agreement shall be solely in damages and Client shall look solely to Producer for recovery of such damages. 10.5 INTERPRETATION. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. 10.6 BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto. Client shall have no right to (a) assign this Agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the Services without Producer's prior written consent which may be withheld as Producer determines in its sole discretion. Any such purported assignment shall be void. INITIALS: �PS 7 DocuSign Envelope ID: D93BEE01-D3BF-4597-9CFO-B74BF9E42FFB JUSTINPHU r E A E 10.7 NO WAIVER. Failure of any party to this Agreement to exercise any rights shall not constitute a waiver of those rights. 10.8 ENFORCEABILITY. If one or more of the provisions of this Agreement shall be held unenforceable, it shall not affect the enforceability of the other provisions. 10.9 SERVIBILITIY. If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to reasonably affect the intent of the parties. 10.10 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. 10.11 AGENCY. Client is not Producer's agent or representative and has no authority to bind or commit Producer to any agreements or other obligations. 10.12 AMENDMENT AND WAIVERS. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions. 10.13 TIME. Client and Producer agree that time is of the essence in this Agreement. Scheduled production start date is To Be Determined and project end date is To Be Determined. Any major changes (film schedule, shot lists, video concepts, Santa Ana Police Department resource allocation, etc.) in the pre -production phase by the Client must be given to the Producer by latest 30-Business Days Prior to Production Filming. 10.14 PROFESSIONAL RESPONSIBILITY. Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of your services in accordance with your independent and professional judgment. You shall perform your services substantially in accordance with generally accepted practices and principles of your trade. 1o.15 NOTICIES. Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by personal service, by air courier with receipt of delivery, or mailed, certified mail, return receipt requested, postage DS INITIALS- Y 8 DocuSlgn Envelope ID: D93BEE01-03BF-4597-9CF0-B74BF9E42FFB JUSTINPHUEDI.P3, prepaid, to the address set forth below. Such communications shall be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being deposited in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section. To Producer: Justin Phu Media 3566 Lookout Court #491 Oceanside, CA. 92056 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1981 Santa Ana, California 92702 Fax: (714) 245-8007 SIGNATURES ARE ON THE NEXT PAGE INITIALS: ��5 9 DocuSign Envelope ID: D93BEE01-D3BF-4597-9CF0-B74BF9E42FFB 'JUSTINPHUr EpE CLIENT HAS READ THIS AGREEMENT CAREFULLY AND UNDERSTANDS ITS TERMS. SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST JENNIFE L. H L ` City APPROVED AS TO FORM SONIA R. CARVALHO CityItorney By: amA� TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL ROBER ODRIGUEZ Acting Ch of of Police CITY OF SA NA At VARO _ Z Acting City Manager JUSTIN PHU MEDIA INC. ynocuSig d by: usTV. P6 323CFLLIIHFF6dE..... By: S INITIALS: 210 DocuSign Envelope ID: D93BEE01-D3BF-4597-9CFD-B74BF9E42FFB .o- �� JUSTINPHUVil, 1=, Exhibit Al: FILMING PROJECT PROPOSAL 13 Proposal Q 3-Day Pack Objective: Justin Phu Media will create a comprehensive Recruitment Video for Santa Ana Police Department Main Client (MC): Santa Ana Police Department them _ Creative Direcuu Prep.Pre Production Meetings with Client for Alignment Shot List Planning, Video Gear Mapping, Fllm Straddle Planning Concept Planning and Lolled. Scope and Design Plannirg:2-3 Weeks Whoo Pre production Slsryboards:LWeeks Pre production toglsncs and scheduling: h6 Weeks --London Scouting virtual& Physical Location Scouting of all major landmarks and filming locations to understand $SOO behem, andsmine;visual my elements, weather, sun direction, and comm blocking/staging. JPM can secure Insurances ran drone flights cenml Llai and filming permits m ensure a .:Insurance CPvemi rdctionlesc filming owned. City mnVacta usuclly take 2 months- this is contingent on the speed of $1,600 an Scope of Work yburcilyofficials and their PO procsss. I (3-Days of Filming) _pmm.. Drys of Filming:3 Day; IO Hour Daya Taam DirecmdProducer I Director of Photography I Camera Operator #2I Camera Operator #310) Production 4aahtam l Drone Operator Dean Ol Cinema Cameras, Cinema Lenses. Audio, Lighting, Stabillzer Equipment Dmne, rmom production Craw It labor (mer W page 7 for all gear detsiis) $15,600 Total Production Hours of (Non Over Unnel"- includes set up, filming. and breakdown: 30 Hours D Da s) E4imate Price Isneilotiabia Line pdce Included in this proposal is based off Crew Size and3 days of filming. malBMaab Travel. Hotel. and Food accommodations for production crew members for all 51 day, offilming. $1,800 We will tanscode all4KHAW hostage into Pro pes.MP4 footage. Weve ll transfer media Into a2TB gA-Msdle Toner Samsung SIR) Hard Ones and Celher Me hard prime by mail (2'Day Shipping) once the final Vided is $1,000 approved Please allow 3-5 business days far media transfer after the Mal video is approved. Cennmplooy(rwt Included in ConHngencyfunding to place on reserves In case we go ever on filming hours or filming days not be $Z 600 total estimate - separate PO) aceed)incremental filming dry oflO hours- TOTAL (CDNTINGENCV FUND NOT INCLUDED) $Z2,sD0.00 The pricing in this proposal is susceptible be change based an the designated filming days we need to account for. JPM has projected 2ilming days. However, If the filming days are to Increase. the price for that line Item along with editing pricing will Increase." Overtime fees are $1200 per hour for every hour over a 10 hour production day. - Ds # INITIALS: i DocuSign Envelope ID: D93BEE01-D3BF-4597-9CF0-B74BF9E42FFB OW JUSTINPHFIL..1161A DIGITAL MARKETING CREATIVE AGCY Exhibit A2: EDITING PROJECT PROPOSAL 14 Editing Project Proposal Objective: Justin Phu Media will create a comprehensive Recruitment Video for Santa Ana Police Department Main Client (MC): Santa Ana Police Department Deliverables: 0) 3-5 Minute Recruitment Video (5) :15-:30 Second Cut Down Videos for Social Media Post -Production Scope of Work t . t Days ❑Msdla MSlugsmanl We will transcode all 4K RAW footage Into Pra Res MP4 footage Wewillsforemedla kr60 days post production in case anyclientadjustmi n o, need b be metle. �- with the exception of $8$00.00 R.I. and ingest all new video and audio footage from(51 Days of Content �- with the exception o6 .$'7,200.00 Review and ir,mtall raw video and audio footage from(5) Days of Content post praductlon adi[Ing to composlte the Mal cut for the client to publish and distribute. Rnal cut will be delivered In 111.9.m,4.4K knout along Won 9.16 or 4:51060p format Radew and Ingest all raw video and audio fm4ge from ISl Days of Content Organize and label media files for efficient amass and rebfewl. Create mugh Cut or amembly edit of the Vdeo based on the provided script or stouboard. Refine the Rough Cut kachi. the desired pacin, timing, u,d ow.11 structure, heart bensgions.efects doesand graphics as required. Color correction and grading k ensure visual consistency and enhance the overall look Audio willing, Including efl,nong brats, noise reduction, and enhancing audio quality. Music and sound agKle selection, royalty and license free musk, and synchronization. $5,900.00 -- Integration ofvolcomam or Remotion if naedad. Maintain backup copies or projec[fibes and media assets for kture reference or mtisions R1 Revlsiom Allowed to the client per video Flnel Vldew Dallvarad: . (IMS Minute Recru mentViden . (5):15305econd Cut Ovxn Vldeosfer Social Post Cut R.I... 30 45 Days agar the but day of production Flnal Dellvereblea tlue Nolaterthan 60days afrer[he las[dayof pmductbn Final Celbrcrables Provided: No Longer than 60-Oayn after final day of production. Any additional editing needed outside of the (2) rounds of Client revisions will be charged our standard rate of $250.00 per hour. INITIALS: ��5 /4 12 DocuSlgn Envelope ID: D93BEE01-D3BF-4597-9CFo-B748F9E42FFB JUSTINPHU Exhibit A3: CLIENT EXPECTATIONS INITIALS: 2� 13 Digitally signed by 11 yAngie Acevedo Y4924.07.15 STILLIAICevedo 4.11111 0�0ak;:.!"t' Grance 14:09:09 -07'00' Business Policy Number BP4001633 Account Number Risk Management Division Policy Effective Date 05/04/2024 Policy Expiration Date 05/04/2025 Insured Business Name or DBA Justin Phu Media 1103 Delpy View PT Vista, CA 92084-4837 Agency Certificate Date 05/14/2024 Palush Insurance Services Inc 6950 Indiana Ave Ste 3 Riverside, CA 92506-4162 Insurer Providing Coverage Stillwater Insurance Company NAIC Number 25180 PO Box 45126 Jacksonville, FL32232-5126 Certificate Holder City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Type of Insurance Limits X General Liability General Liability - per occurrence $2,000,000 General Liability -aggregate $4,000,000 Products - Completed Operations $4,000,000 X Personal & Advertising Injury Limits included within General Liability limits above Included NA Hired Auto & Non -Owned Auto Limits not included within General Liability limits above No Coverage NA Professional Liability Limits not included within General Liability limits above No Coverage X Medical Expense Medical Expense - any one person $10,000 NA Employment Practices Liability - aggregate, with 3rd party coverage No Coverage NA Cyber Suite Enhanced Liability - aggregate, with 3rd party data, network and electronic media compromise No Coverage X Damages to Premises Rented to You Liability - aggregate $100,000 SPECIAL PROVISION The City of Santa Ana, its officers, officials, employees, and volunteers EVENT OR ACTIVITY THIS CERTIFICATE OF INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE, TERMS, EXCLUSIONS AND CONDITIONS AFFORDED BY THE POLICIES REFERENCED HEREIN. CERTIFICATE HOLDER IS GRANTED NO RIGHTS BY THIS FORM. WE CERTIFY AS OF CERTIFICATE'S DATE, DESCRIBED POLICY WAS ISSUED TO INSURED NAMED FOR THE INDICATED POLICY PERIOD. INSURANCE IS SUBJECT TO ALL POLICY_-- TERMS, EXCLUSIONS AND CONDITIONS. AUTHORIZED REPRESENTATIVE SB DS 04 10 20 Risk MougCNumt DMslcrn °K REVIEWED & APPROVED BY. o � Ai je Acevd Risk Management Specialist CERTIFICATE OF INSURANCE This certificate is given as a matter of information only and confers no rights upon the certificate addressee. Date: July 12,2024 02:38 PM This is to certify to: To Whom It May Concern That the following policy has been issued to: Justin Phu, Justin Phu Media 1255 E Vista Way #114, Vista, CA, 92084 Policy No. 41032749 issued by one or more member companies of Global Aerospace Pool through Global Insurance Inc. Policy Period: from July 12,2024 02:38 PM to August 12,2024 12:00 AM Policy Territory: Worldwide AIRCRAFT AND COMMERCIAL GENERAL AVIATION LIABILITY Coverages Limits of Liability Single Limit Bodily Injury and Property Damage $2,000,000 Each Occurrence Third Party War Liability $2,000,000 Aggregate AIRCRAFT PHYSICAL DAMAGE Policy includes Physical Damage Coverage including war risk with insured values as set forth in the policy. Solely as respects an occurrence arising out of the ownership, maintenance or use of an unmanned aircraft insured under this policy and solely to the extent required in an agreement with the Named Insured, the following provisions shall apply: The WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured, but only as respects the Named Insured's use of the aircraft and only with respect to the certificate addressee's liability because of acts or omissions of the Named Insured. However, no such person or organization is an Insured if he, she, or it, or any of his, her, or its agents or employees is engaged in the manufacture, maintenance, repair, or sale of aircraft, aircraft engines, components or accessories, or in the operation of any airport, hangar, flying school, flight service, or aircraft or piloting service, as respects any occurrence arising out of such activity. 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. We waive any right of recovery we 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 for recovery for such physical damage against the certificate addressee. 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 Insurance Inc. By: ACZ006 (September 1, 2009) Page 1 of 1 GLOBAL AEROSPACE Certificate No ACZ04103274900. -' RiskMmagemattDMsion REVIEWED & APPROVED BY: A� Auvade Risk Management Specialist Y�4 � -,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 04/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FARMERS GENERAL INS AGCY INC/PHS NAME: PHONE (866)467-8730 (A/C, No, Ext): FAX (A/C, No): 47180001 The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Insurance Company 29424 Justin Phu dba Justin Phu Media INSURER B: 895 PARK BLVD UNIT 538 INSURERC: SAN DIEGO CA 92101 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1 ,000,000 ANY YIN A PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA X 47 WEC AB809W 07/26/2023 07/26/2024 E.L. DISEASE -EA EMPLOYEE $1 ,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1 ,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC040306, attached to this policy. Notice of Cancellation will be provided in accordance with Form WC990528, attached to this policy. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 20 CIVIC CENTER PLZ BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED SANTA ANA CA 92701-4058 IN ACCORDANCE WITH THE POLICY PF AUTHORIZED REPRESENTATIVE \, Risk MaugmumtDMslcrn REVIEWED & APPROVED BY: ��� v� CG1OL i x t�s-�.e t�fczva�r © 1988-2015 ACORD COI ® Risk Management specialist ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PR99RE11/UE` COMMERCIAL Additional insured endorsement Name of Person or Organization City of Santa Ana, its City Cousel, its Officers, Officials, Employees, Agents, and Volunteers 20 Civic Center Plaza Santa Ana, CA 92701 Policy number: 00980510 Underwritten by: United Financial Casualty Co. 0 Insured: Justin Phu Media April 25, 2024 Policy Period: Mar 6, 2024 — Sep 6, 2024 Mailing Address United Financial Casualty Co. PO Box 94739 Cleveland, OH 44101 1-8004144-4487 For customer service, 24 hours a day, 7 days a week This endorsement modifies insurance provided under the commercial auto policy and any endorsements thereto affording liability coverage. The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. we also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page and showing liability coverage. Limit of Liability Bodily Injury each pmm/ each accident Property Damage each accident Combined Liability $ 1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 00980510 Issued to (Name of Insured): Justin Phu Media Effective date of endorsement: April 25, 2024 Policy expiration date: September 6, 2024 Form 1198 (07116) M4 CL orz,N�F RiskMougementDMsian r' REVIEWED & APPROVED BY. x ® Risk Management Specialist ENDORSEMENT #4 This endorsement, issued by United States Liability Insurance Company to JUSTIN PHU MEDIA SERVICES forms a part of Policy Number SP 1573531C effective on 4/17/2024 (MO. DAY YR.) at 12:01 A.M. Add/Remove/Amend Additional Insured Endorsement In consideration of no change in premium it is hereby agreed that the following form(s) is(are) amended: SP 224 07/09 -Additional Insured Endorsement All other terms and conditions of this Policy remain unchanged. ADD —REM (03-01) Risk MougementDiviaian REVIEWED & APPROVED BY. Ag�z AaN4 Z ® Risk Management Specialist UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured, but only as respect to Claims arising out of any negligent act, error, omission, or Personal Injury in the rendering or failure to render Professional Services by any individual or entity of the Named Insured specified in Item I. of the Declarations. Effective Date: 07/01/2023 FILM STUDIO 222 W 5TH ST. SANTA ANA, CA 92701 All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Insured's Policy and takes effect on the effective date of the Insured's Policy unle- date is shown. RAMouganentDMslcrt �x REVIEWED & APPROVED BY. SP 224 (07-09` ® Risk Management Specialist UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured, but only as respect to Claims arising out of any negligent act, error, omission, or Personal Injury in the rendering or failure to render Professional Services by any individual or entity of the Named Insured specified in Item I. of the Declarations. Effective Date: 07/01/2023 FULLERTON POLICE DEPARTMENT 237 W COMMONWEALTH AVE FULLERTON, CA 92832 �„orz,N�F RisieManagemattDiviaian All other terms and conditions of this Policy remain unchanged. This endorsement s REVIEWED&APPROVED BY. Insured's Policy and takes effect on the effective date of the Insured's Policy unle A Acev44 ®� date is shown. Risk Management Specialist Page 2 of 6 SP 224 (07-09) UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured, but only as respect to Claims arising out of any negligent act, error, omission, or Personal Injury in the rendering or failure to render Professional Services by any individual or entity of the Named Insured specified in Item I. of the Declarations. Effective Date: 07/01/2023 CITY OF BREA, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, DESIGNATED VOLUNTEERS AND AGENTS SERVING AS INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS. ATTN: JAMIE MCDONALD 1 CIVIC CENTER CIRCLE BREA, CA 92821 �„orz,N�F RisieManagemattDiviaian All other terms and conditions of this Policy remain unchanged. This endorsement s REVIEWED&APPROVED BY. Insured's Policy and takes effect on the effective date of the Insured's Policy unle A Acev44 ®� date is shown. Risk Management Specialist Page 3 of 6 SP 224 (07-09) UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured, but only as respect to Claims arising out of any negligent act, error, omission, or Personal Injury in the rendering or failure to render Professional Services by any individual or entity of the Named Insured specified in Item I. of the Declarations. Effective Date: 07/27/2023 12:01 AM CITY OF FULLERTON 303 W COMMONWEALTH AVE. FULLERTON, CA 92832 �„orz,N�F RisieManagemattDiviaian All other terms and conditions of this Policy remain unchanged. This endorsement s REVIEWED&APPROVED BY. Insured's Policy and takes effect on the effective date of the Insured's Policy unle A Acev44 ®� date is shown. Risk Management Specialist Page 4 of 6 SP 224 (07-09) UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured, but only as respect to Claims arising out of any negligent act, error, omission, or Personal Injury in the rendering or failure to render Professional Services by any individual or entity of the Named Insured specified in Item I. of the Declarations. Effective Date: 03/09/2024 12:01 AM COUNTY OF MARIN 3501 CIVIC CENTER DRIVE, ROOM 304 SAN RAFAEL, CA 94913 �„orz,N�F RisieManagemattDiviaian All other terms and conditions of this Policy remain unchanged. This endorsement s REVIEWED&APPROVED BY. Insured's Policy and takes effect on the effective date of the Insured's Policy unle A Acev44 ®� date is shown. Risk Management Specialist Page 5 of 6 SP 224 (07-09) UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: SPECIFIED PROFESSIONS PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured, but only as respect to Claims arising out of any negligent act, error, omission, or Personal Injury in the rendering or failure to render Professional Services by any individual or entity of the Named Insured specified in Item I. of the Declarations. Effective Date: 04/17/2024 12:01 AM CITY OF SANTA ANA, ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Insured's Policy and takes effect on the effective date of the Insured's Policy unle- o12 ^ L— date is shown. RAMouganentDMslcrt �x REVIEWED & APPROVED BY. SP 224 (07-09` ® Risk Management Specialist . on DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FARMERS GENERAL INS AGCY INC/PHS NAME: 47180001 PHONE (86) 7- 7ftoa (A/C, No, E 7): The Hartford Busines ervice Center 3600 Wiseman Blvd i E-MAIL Sann ri San Antonio, TX 7ADDRESS: 8 1 I U (S) FF IN R NAIC# Justin Phu dba Justin Phu Media 1255 E VISTA WAY # 114 VISTA CA 92084-4039 COVERAGES AV - r LRWUPFIC4WF NLJISOM- NO INSURERF HartfoM Casu INSURER : INSURr C mpany REVISION NU""BER- THIS IS TO CERTIFY THAT THE IES OF CE LISTEP F -)W HAVE BEEN ISS14ED 4DiTION OF ANYF s I PH PD ANY OYUPERTA DOMAYT A ORETHE I�� EHI EONS BE ISSUED ORCMAING BON NTNTHFMNSUCBNCE AFFORDED BY CERTIFICATEDC TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIr .ES. L' ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR P' -.CY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DDIYYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY1:1 PRO- LOC JECT PRODUCTS - COMP/OPAGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANY YIN A PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA X 47 WEC AB809W 07/26/2024 07/26/2025 E.L.DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC040306, attached to this policy. Notice of Cancellation will be provided in accordance with Form WC990528, attached to this policy. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 20 CIVIC CENTER PLZ BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED SANTA ANA CA 92701-4058 IN ACCORDANCE WITH THE POLICY PF AUTHORIZED REPRESENTATIVE Risk MaugmuxtDMslcrn REVIE WED & APPROVED BY. © 1988-2015 ACORD COF Risk Management Specialist ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD