HomeMy WebLinkAbout11 - PSA for Junior Lifeguard Video Production ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
April 15, 2025
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyies@nbfd.net
PREPARED BY: Lili Banuelos, Assistant Management Analyst - 949-644-3360,
lbanuelos@nbfd.net
TITLE: Approval of Professional Service Agreement with Bloc Films, LLC for
Junior Lifeguard Video Production Services
ABSTRACT:
The Newport Beach Junior Lifeguard Program provides youth ages 9 to 15 with
ocean -based safety and skill building, and receives upward of 1,500 participants annually.
The Lifeguard Operations Division utilizes contracted video production services to
produce professional -grade videos depicting the seven -week program for the benefit of
its participants and their families. The existing video production services agreement
expired following the completion of the 2024 Junior Lifeguard Program, and a new
Request for Proposals (RFP) was issued. Bloc Films LLC (Bloc Films) was ranked as the
highest rated proposer; staff is requesting award of a new professional services
agreement with Bloc Films.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with Bloc Films LLC with a two-year initial
term, with three additional one-year extensions (for a total possible five-year term), for
a total not -to -exceed amount of $375,760, and authorize the Mayor and City Clerk to
execute the agreement.
DISCUSSION:
The Newport Beach Junior Lifeguard Program is a seven -week, ocean -based program
for youth ages 9 to 15 that centers on ocean skill building, physical fitness, and
lifeguarding skills. The program is managed by the Lifeguard Operations Division of the
Fire Department and is one of the City of Newport Beach's most popular youth -based
educational programs. The City has historically contracted with a professional video
production company to film the program as a benefit to the participants and their families
as the videos highlight the progress of program participants as they undergo the various
activities and events each week.
Approval of Professional Service Agreement with
Bloc Films, LLC for Junior Lifeguard Video Production Services
April 15, 2025
Page 2
Following the expiration of the existing agreement at the conclusion of the 2024 season,
Fire Department staff developed a new RFP solicitation for Junior Lifeguard video
production services. RFP No. 25-17 was posted on the City's online bidding platform
(PlanetBids) on November 19, 2024. A total of 16 responses were received by the
January 13, 2025 deadline. One proposal was considered non -responsive for missing the
required documentation. The 15 remaining proposals were evaluated via a multi -step
process using a using a combination of technical qualifications (80% of total score) and
cost (20% of total score). A four -person evaluation panel consisting of
Lifeguard Operations and Fire Administration staff reviewed each proposal, rating them
on technical factors such as: qualifications and experience of the firm, the method of
approach, and quality of production sample(s) submitted. Only those proposals earning
a passing score of 70% or more were allowed to continue in the evaluation process. The
remaining eight firms were then evaluated by the City's Purchasing Division on submitted
costs per episode and ranked on the combined total of their cost and evaluation scores.
Finally, the top three ranked firms were invited to a panel interview with
Lifeguard Operations staff.
Rank
Proposer
Technical
Score
(3200 Max
Points)
Cost Ratio
Score
(800 Max
Points)
Aggregate Score
(4000 Max Points)
1
Bloc Films LLC
2960
623.07
3583.07
2
Red 88 Media
2455
679.18
3134.18
3
Justin Phu Media
2130
800.00
2930.00
Based on this process, Bloc Films was ranked as the highest -qualified proposer. The
company cited its extensive history and experience working with youth -focused programs
and sports documentaries. Its experience filming in outdoor settings and recreational
programs also demonstrated an ability to meet the quick turnaround times requested by
City staff.
Therefore, staff is recommending the approval of a professional services agreement with
Bloc Films LLC to provide video production services for the Fire Department's Junior
Lifeguard program. The agreement will be for a two-year initial term, with an option to
extend for three additional one-year terms.
FISCAL IMPACT:
The submitted per episode cost of $10,336 by Bloc Films reflects the total cost of
professionally filming (including underwater footage and aerial/drone footage), editing
and producing an episode, with each episode averaging seven to 10 minutes. The annual
cost for all seven episodes would be $72,352. Additionally, at the request of the City, the
City could opt for to pay the $400 fee necessary to secure official licensed music
(instead of using royalty free options) for each episode.
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Approval of Professional Service Agreement with
Bloc Films, LLC for Junior Lifeguard Video Production Services
April 15, 2025
Page 3
In comparison, the prior agreement was executed in 2019 with a not -to -exceed amount
of $235,954. The agreement required a total of only six episodes, averaging seven to
10 minutes each, and came at an annual cost of $45,519, or approximately $7,587 per
episode.
The pricing for Bloc films is reflective of rising costs in various industries in the
post -pandemic era and is in -line with most current production rates in the professional
film industry. Bloc Films agrees to hold the per episode rate for the duration of the
agreement and any renewal terms.
Program enrollment has seen an approximate 12% increase compared to average
program enrollment prior to 2020. This rise in demand reflects the continued growth in
popularity and the community's recognition of the importance of the quality, ocean safety
education provided by the program. In turn, actual revenues have exceeded revenue
estimates each year since FY 2020-21; FY 2025-26 revenues are estimated to be
$1,239,000.
Junior Lifeguard Program Revenue
FY 2021 FY 2022 FY 2023 FY 2024 FY 2025
Budgeted Actuals
The Junior Lifeguard program takes place over the summer and crosses two different
fiscal years. Expenses in year one of this agreement, which are for program year 2025,
will be expensed to the Fiscal Year 2025-26 budget. Additional funding of $25,412 is
requested for the Fire Department's FY 2025-26 budget. If approved, the Junior Lifeguard
Professional Services Account, 01040405-811008, will be increased from $49,740 to
$75,152 as part of the annual budget process for FY 2025-26.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Approval of Professional Service Agreement with
Bloc Films, LLC for Junior Lifeguard Video Production Services
April 15, 2025
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Agreement
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH BLOC FILMS LLC FOR
JUNIOR LIFEGUARD VIDEO PRODUCTION SERVICES
.THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 15th day of April, 2025 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
BLOC FILMS LLC, a California limited liability company ("Consultant"), whose address is
38285 Aberdeen Drive, Murrieta, CA 92562, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Junior Lifeguard Video Production
Services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 15, 2027, unless terminated earlier as set forth herein. This Agreement
shall automatically renew for up to three (3) additional one (1) year terms, upon the same
terms and conditions set forth herein, unless City provides written notice of its intent not
to renew prior to the end of the active term. Notwithstanding the foregoing, the total term
of this Agreement shall not exceed five (5) years. -
2. 'SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, for the initial terms and all option terms, if
any, shall not exceed Three Hundred Seventy Five Thousand Seven Hundred Sixty
Dollars and 00/100 ($375,760.00), without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation, for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Nathaniel Ford to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
-5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Fire Department. City's Administrative
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other. reasonably
Bloc Films LLC Page 3
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature -that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees,_ disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on onto enforce
the terms of this Agreement. 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.
Bloc Films LLC Page 4
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
-11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City'agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review_ all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. - PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
. Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as -specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein- by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, .the Services to be
provided. under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless_ City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of. -any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred- under this Agreement and any Services,
expenditures and disbursements charged to City, for a -minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this -Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City -Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld. . -
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably,financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25,2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Administrative Manager
Fire Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Nathaniel Ford
Bloc Films LLC
125 43rd Street
Newport Beach, CA 92663
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
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all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims -for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition --to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default.in the performance of this Agreement. -if such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written -notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date -of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and -expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant -or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
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28.4 Integrated Contract. This Agreement represents the full and complete
-understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California. ,
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees. -
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the {parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: W C2 s
By:
Aar-C. Harp j hl
City Attorney Y3/?
s
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT: BLOC FILMS LLC, a
California limited liability company
Date:
Bv:
Nathaniel Ford
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Bloc Films LLC
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBITA
SCOPE OF SERVICES
Objective:
Each year during the term of this Agreement, Consultant shall provide the City's Fire Department
with video production services related to the Junior Lifeguard Program.
Program Description:
The Junior Lifeguard Program is a youth -based athletic and educational program that takes place
in an outdoor beach and ocean environment. While the majority of program activities take place
within a two-mile radius of the Newport Beach Balboa Pier, there are field trip activities that take
place all along the Newport Beach coastline. Consultant may be asked to film any event taking
place in conjunction with this program. Typical program enrollment is approximately 1,400
participants annually, who range from 9 to 15 years of age. This program is operated through the
Fire Department's Lifeguard Division and is overseen by a Lifeguard Training Captain and a Junior
Lifeguard Coordinator, who are the program administrators.
This.is a seven (7) week program that typically takes place from mid -June to early August. Classes
take place Monday through Thursday, with occasional Friday and Saturday events. The
anticipated 2025-program dates are June 17 - July 31, 2025:
The program has two separate sessions:
- Morning session -from 9:OOAM to 12:OOPM
- Afternoon session from 1:OOPM to 4:00 PM
Key program lessons, skills, and. events JGs accomplish each summer:
- Learning and exemplifying the 3 R's... Respect, Represent, Responsible
- Entering and exiting the water safely
- Negotiating the surf and shorebreak
- Safe.and successful pier jump
- Buoy swims
- Long distance ocean swims
- . Paddling
Body surfing
Long distance runs
Identifying and swimming out of a rip current
Lifeguard safety and skills
Basic first aid and personal safety
Team building and good sportsmanship
Each week staff teach JGs new skills to build their ocean abilities and prepare them for the
activities that take place throughout the program.
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Special Program Events
In addition to the lessons and skills taught each program day, there are a collection special of
events that take place throughout the 7-week program. Below is a brief description of those
events.
• Field Trips
During the Junior Lifeguard program, special beach orientation field trips are scheduled
for individual age groups to visit various locations in Newport Beach. The purpose of these
field trips is to expose Junior Lifeguards to the various ocean conditions that exist in
Newport Beach and help prepare them to assess conditions at any beach they visit.
• JG Open House - Picnic in the Park
Time: This is a Thursday event that takes place from 5:OOPM to 7:OOPM
On this day we hold a "Picnic in the Park" for JG families to meet their JG's instructor.
Families picnic and intermingle with staff during the event. Live music plays throughout
the evening.
• Ben Carlson Day
Time: Takes place during normal JG session.
On July 6, 2014, Newport Beach Lifeguard and former JG Instructor, Ben Carlson made
the ultimate sacrifice in the line of duty while saving the life of another. Each year we pay
tribute to the sacrifice he made. As part of Ben Carlson Day, JGs participate in a special
running and ocean swim event during their normal JG session.
• Gray Lunde Ironman
Time: This is a Saturday event that takes place from 8:30AM to 11:15AM
This competition is held annually in memory of former Junior Lifeguard Gray Lunde. This
was his favorite event in Junior Lifeguards.
Participants start the competition at Tower 74 (Santa Ana River Jetty), run to the Newport
Pier (2.2miles), swim around Buddy's Buoy twice (400m), run to the Balboa Pier (1.7
miles), swim around Reenie's Buoy twice (400m), run to "G" Street, and back to the finish
at the Balboa Pier for recognition.
• Santa Barbara Fiesta
Time: This is a Friday event.
Santa Barbara Fiesta is a day focused on fun and competition. This event is open to Junior
Lifeguards of all competitive levels and from all age divisions. It takes place at Santa
Barbara East Beach.
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• Monster Mile
Time: This takes place on a -Thursday from 1 O:OOAM to 1:OOPM
All JGs show up at the same time for Monster Mile. Monster Mile is a JG event that consists
of -a 1 mile run from the Balboa Pier to 10th Street and a 1-mile swim back. Each year
Monster Mile has a different theme and JGs are encouraged to wear costumes!
• Regionals
Time: -This -is a Friday event.
Regionals is an invite -only competitive event put on by CSLSA. JGs are selected for
participation based on their competition results each week of JGs. The CSLSA Regionals
event can take place anywhere in southern California.
• Graduation
Time: This is a Thursday event that takes place from 5:30PM to 7:OOPM
On the final day of JGs, we hold a graduation ceremony in the evening. The ceremony is
held on -the grassy area next to JGHQ. During the ceremony, special awards are
distributed and JGs celebrate completing the NBJG program.
Production and Delivery Requirements:
1. Each year during the term of this Agreement, Consultant shall produce professional caliber
videos capturing the highlights and common events of the Junior Lifeguard Program. The
final product must be family friendly, loosely storied, and cover as wide a range of activities
and as many junior lifeguards as possible.
2. To adequately capture a variety of program activities, Consultant shall be onsite capturing
footage approximately 14 days during the program each year.
3. Consultant shall capture ground level footage and aerial footage. Consultant shall also
capture footage from the vantage point of the ocean including underwater footage.
4. Consultant will be responsible for all pre -production, filming, editing, graphics, music
licensing, digital conversion, equipment, and post -production associated with the scope of
work described herein.
5. To capture staff and participant interviews and sound bites, Consultant shall include a
professional audio package as part of the services rendered.
6. Deliverables include:
a) For each year during the term of this agreement, Consultant shall deliver five (5) to
seven (7)-episode-type videos, averaging seven (7) to ten (10) minutes in length.
b) Episodes will include a combination of daily program activities, mixed in with major
program_ events (see Key lessons, skills, and events AND Special Program Events
above). Footage captured shall include a mix of morning ' and afternoon session
activities.
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c) Examples of key filming events are listed in the table below. The -below list is intended
to provide proposers with a general idea of what events/activities may need to be
captured.
Examples of past videos are viewable on the Newport Beach, Junior Lifeguard website
here: httcs://nbig.n6t/Videos.htmi
• Junior Lifeguard Program Opening Day
• Picnic in the Park
• Pier Jumps (3 to 4 days)
• Monster -Mile
• Pier Swim
• Paddle Day
• Competition -Day ,
• Ben Carlson Day
• Gray Lunde Ironman
• Last Day
• Graduation
Required events and content.themes are discussed at the pre-program meeting each
year and are subject to change.
d) Regular availability to shoot throughout each week of the program is required.
e) . Episodes must be screened and approved by the program administrators prior to final
edits.
f) Episodes must be delivered to program administrators for review within two weeks of
the time the event content took place.
g) Final edits of episodes shall be sent electronically and must be downloadable.
h) Footage must be -provided to the City -as high caliber video files with a preferred quality
of4K resolution, but no less than 1080p resolution.
7. The City shall solely own and retain all rights of ownership of the video episodes, including
but not limited to, at its sole discretion, use of footage from the episodes on social media
outlets, City approved websites, and on any other promotional platform deemed by the
City to be appropriate.
8. The video -episodes and all footage captured under the scope of this agreement shall
belong solely to the City of Newport Beach and shall not be used in any capacity outside
the scope of this agreement without prior written consent of the City.
9. Dates for each year's deliverables will be discussed -prior to the beginning of the current
Junior Lifeguard season.
10. Consultant and its representatives must submit to and pass a criminal background
investigation by providing a complete set of fingerprints -to the City via the Newport Beach
Police Department at least thirty (30) calendar days prior to the -start of filming for the
-Junior Guard Program. The cost of background check services shall be borne by the
Consultant
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***DRAFT***
Ben carlso, Picture [lay
Anwverssry AM: 10:00-1:00 p.m.
Week 4 PM: moon - 3:00 p.m.
July 14 July 15 July :l5
Catalina
Week 5
�i
Week 6
July 21
July 28
July 22
July 29
Gray Lunde
Ironman
8 30-11:15
a.m.
July 17 July 1e
Santa Barbara Pier Jump
Fiesta fundralser
Time TBD
July 23 July 24 July 25
Monster Mile Regionals
10:00 - 1:00 P.M. Competition
-INVITE ONLY -
July .30 July 31
Lost Day:
AM: 10-12 1 PM. 1-3
Graduation:
5:30-7.00 p.m.
Page 15
EXHIBIT B
SCHEDULE OF BILLING RATES
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EXHIBIT B
SCHEDULE OF BILLING RATES
Junior Lifeguard Video, Per Episode $10,336
Licensed Music, Per Song $400
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting: Contractor's indemnification of City,
and prior to commencement of Work, Contractor shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Contractor agrees to provide insurance in accordance with
requirements set forth here. If Contractor uses existing coverage to comply and
that coverage does not meet these requirements, Contractor agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident. and each employee for
bodily injury by disease in accordance with the laws of the State of
California. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with California law for all of the
subcontractor's employees.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000)- per occurrence, four million dollars ($4,000,000)
-general aggregate and four_ million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from bodily
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injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Sexual Abuse/Molestation. Sexual abuse/molestation coverage shall be
included under the Commercial General Liability or obtained in a
separate policy with a limit no less than $1,000,000 per occurrence and
$3,000,000 in the aggregate.
E. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
F. Drone Liability Insurance including bodily injury, property damage,
products and completed operations, personal & advertising injury, cyber
liability including cyber security and invasion of privacy, and non -owned
aircraft with combined single limit not less than $2,000,000. Legal
defense coverage shall not exhaust the combined single limit.
G. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are
exhausted.
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4-. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to -waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement or shall specifically
allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each
of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, drone
liability, and automobile liability, if required, shall provide or be endorsed
to provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement
shall be included as additional insureds under such policies.
C. Primary and Non -Contributory. Contractor's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to City, its City Council, boards and commissions, officers, agents,
volunteers and employees. Any insurance or self-insurance maintained
by City shall be excess of Contractor's insurance and shall not contribute
with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or honrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between _the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and _other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regularCitybusiness days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
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City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by -that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Contractor sixty (60) calendar days'
advance written notice of such -change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City. -
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F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self -insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to
'self -insure its obligations to City. If Contractor's existing coverage
includes a self -insured retention, the self -insured retention must be
declared to City. City may review options with Contractor, which may
include reduction or elimination of the self -insured retention, substitution
of other coverage, or other solutions. Contractor agrees- to be
responsible for payment of any deductibles on their policies.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide -and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand..
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgement may be necessary for its proper protection and
prosecution of the Work.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term
of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder
or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to 'the renewing or new
coverage must be provided to City with five (5) calendar days of the
expiration of the coverages.
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