Loading...
HomeMy WebLinkAboutDenise Conrad dba Denise Conrad Photography; 2018-05-10;AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY SERVICES DENISE CONRAD, DBA DENISE CONRAD PHOTOGRAPHY Amendment No. 2 is entered into and effective as of the ~ day of -------''--------'---'~-'"',\£--------' 20_2Q, extending and amending the agreement dated May 1 o, 2018 he "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Denise Conrad, OBA Denise Conrad Photography, a sole proprietorship, ("Contractor") (collectively, the "Parties") for professional photography services. RECITALS A. On May 10, 2018, the Parties executed a one year agreement for professional photography services); and B. On April 26, 2019, the Parties extended and amended the Agreement for a period of one year; and C. The Parties desire to extend and amend the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on May 10, 2021 on a time and materials basis not-to- exceed fifteen thousand dollars ($15,000) per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR (sign here) Df:NlSC CoJPJ<Q/ fl±o1DbeA(?}lff- (p~me/tit1e) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~ Communication & Engagement Director Kristina Ray BARBARA ENGLESON ' City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ....... BY: U1Uld I?--~ Assistant City Attorney City Attorney Approved Version 1/30/13 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) "---" 04120/2020 THIS CERTIFICATE JS 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the pollcy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). PRODUCER i;jXi.it"' JENNIFER DOOLITTLE Statefarm DIANA TRACY AGENCY P.~,!'n "-•· 76~35-1960 If~ Nn\• 76~35-1964 A. STATE FARM INSURANCE ~~J~., .... JENNIFER@DIANATRACY.COM 1295 ENCINITAS BLVD INSURER/SI AFFORDING COVERAGE NAlCII ENCINITAS CA 92024 tNSURER A: State Fann Fire and Casualty Company 25143 INSURED INSURERS: CONRAD, DENISE INSURERC: 344 JUNIPER AVE APT 22 INSUREl'ID: CARLSBAD CA 92008-8264 INSURER£: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· llilS 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 REQUIREL:CNT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT ¼1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE.RMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHQIJ'vtj MAY HAVE BEEN REDUCED BY PAID CLAIMS. •~t: ,~, POUCYEFF POLICY EXP TYPE OF INSURANCE •u~" ,-~ POLICY NUMBER IM UMITS .6 COMMERCIAL GENERAL UABIU1Y -EACH OCCURRENCE 1,000.000 $ -:=] CLAIMS.W.DE □ OCCUR ::~~~rtF~~\ s MEO EXP (Mr one penon) s 5,000 -y y 90-CA-C318-2 04/18/2020 04/18/2021 PERSONAL & ArJV INJURY $ -GEN'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000,000 ~ POLICY □ ~:8r □LOC PRODUCTS • COMP/OP AGG s 2.000,000 OTHER: s AUTOMOBILE LIABILITY ~~_f!?.~INGLE UMJT s -All'f AUTO 80DIL Y INJURY (Per person) $ -Ov.ffl::O -SCHEOVlEO AUTOS ONLY Al/TOS BOOIL Y INJURY (Per accidenl) S --HIRED NON-O'MIED J2!t;'~\)AMAGE $ -AUTOS ONLY -AIJTOSONlY $ UMBRELLA LIAS HOCCUR EACH OCCURRENCE s -EXCESS LIAS CLA/Ms-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION 1 m~Y\J'Te 1 I~~-AND EMPLOYERS" LIABILITY Y/N AIIY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT $ OFflCERIMEMBER EXCLUDEO'I (Mandatory In NH) E.l. DISEASE· EA EMPLOYEE S grsC~ ~PERATIONS below E.L DISEASE· POLICY LIMIT s DESCRIPTION OF OPERATIONS/ LOCATIONS /VEIIICI.ES {ACORD 101, Addltlonal Remutca SClledlM, may IHI llllclleel II mote •pace •• n,qultOCII CERTIFICATE HOLDER ADOTIONAL INSURED The City of Car1sbad, its officials, employees and volunteers 1200 CARLSBAD VlG DR CARLSBAD CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE THE POLICY PROVISIONS. ACORD 25 (2016/03) © 1 88-2 5 ACORD CORPORATION. All rights reserved • . The ACORD name and logo are registered ma I ACORD 1001486 132849.12 03-1&-2016 ./ SM Policy No. 90-CA-C318-2 TRACY, DIANA 8429-FB2F CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 90-CA-C318-2 Named Insured: CONRAD, DENISE 344 JUNIPER AVE APT 22 CARLSBAD CA 92008 8264 Name And Address Of Additional Insured Person Or Organization: THE CITY OF CARLSBAD & ITS OFFICIALS & EMPLOYEES & VOLUNTEERS 1200 CARLSBAD VLG DR CARLSBAD CA 92008 1989 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II -LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II -GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II - LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II -LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II - COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007033 148011 08-21-2014 ©,Copyright.State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s ). Requested by: Kristina Ray, communications department (Name and Department) April 29, 2020 Date Proposed modification(s) to the PL requirement(s) for Denise Conrad Photography (Type of insurance) (Name of contract) D Reduce coverage to the amount of [gl Waive coverage D Other: ------------------------------------- FACTOR(S) IN SUPPORT OF MODIFICATION(S) ( check those that apply) □Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [ explain] _______ _ □Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [ explain: include number of candidates RFP sent to and number responded if applicable] ___________ _ [gjContract Amount/Term of Contract: $15,000. Work will be completed over a period of □Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. -------------------------------- [g!Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The Communications Department would like to have Denise Conrads' professional liability insurance waived for the following reason: Admin order 68 states that it is not necessary for public relations services to be covered under professional liability when"there is in-house expertise to adequately evaluate contractor's recommendations and staff can control the result of the project." In the case of Denise Conrad, the communications manager and communications coordinator have the in-house expertise to adequately evaluate the contractor. To make sure that the contractor's work can be controlled in house, the contractor will only be shooting photos of city buildings, staff and events that were predetermined by the communications department. Individuals who appear in photos must sign the city's model release, stating that the individual "waives the right to any fees, royalties or control, now or in the future" and that the individual grants "full permission" for the use of their image "including without limitations, name, likeness, performance, voice and biography, for the purpose of publicizing, advertising or promoting any City of Carlsbad matter or program. The invididual also "relinquish any right" that they have to examine or approve the completed product or products. A H:\ WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc (Signature) 5-5-2-0 (Date) AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY SERVICES DENISE CONRAD, OBA DENISE CONRAD PHOTOGRAPHY his Amendment No. 1 is entered into and effective as of the A~ day of , , 20 \<l , extending and amending the agreement dated May 10, 18 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Denise Conrad, OBA Denise Conrad Photography ("Contractor") (collectively, the "Parties") for professional photography services. RECITALS A. On May 10, 2018, the Parties executed a one year agreement for professional photography services); and B. The Parties desire to extend and amend the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on May 18, 2020 on a time and materials basis not-to- exceed fifteen thousand dollars ($15,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 ,,~i:lj ,::1rn. ~,.,,:, •-1q H--·op ·1n t.Hr-.L---..1Hi.-: :11._, _. , r, .. •-· 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By:~[L F CARLSBAD, a municipal co orati n of the State of California By: (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. B,:E~Ea C½ Attorney BY: /I //l./U{_, ~ -------------Assistant City Attorney City Attorney Approved Version 1 /30/13 2 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/D0/YYYY) ~ 04/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDmONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rlahts to the certificate holder in lieu of such endorsemen«sl. PROOUCER CONTACT Destinee Torres NAME: StateFarm DIANA TRACY AGENCY raHJNJ~ .,_.,. 760-635-1960 I FAX IAJC Nol: 760-635-1964 A~ STATE FARM INSURANCE if~~ss: DESTINEE@DIANATRACY.COM 1295 ENCINITAS BLVD INSURER!Sl AFFORDING COVERAGE NAIC# ENCINITAS CA 92024 INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURERS: CONRAD, DENISE INSURERC: 344 JUNIPER AVE APT 22 INSURER D: CARLSBAD CA 92008-8264 INSURER E: INSURERF: 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. NOT\NITHSTANDING 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 SHOIJ\IN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,.i;~i~. l~~~i~ LIMITS LTR TYPE OF INSURANCE ,.,en wvn POLICY NUMBER lX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 D CL.AIMS-MADE □ OCCUR DAM~~~~ ~Er<=<, iou PREM! E Ea occurrence) s MED EXP (Any one pencn) s 5,000 -y y 90-CA-C318-2 04/05/2019 04/18/2020 PERSONAL & ADV INJURY s - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 Fl □PRO-OLoc PROOUCTS • COMP/OP AGG s 2,000,000 POLICY JECT OTHER: $ AUTOMOBLE LIABILITY -PMBINEO SINGLE LIMIT Eaaccidenn $ ANY AUTO BODILY INJURY {Per person) $ -OWNED -SCHEDULED BODILY INJURY {Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ONLY IPer 9CCldentl $ UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ -EXCESSLIAB CtAIMS-MADE AGGREGATE $ OED I I RETENTION s s WORKERS COMPENSATION I rr:~TUTE I I OTH- ANO EMPI..OYERS" UABIUTY ER YIN ANY PROPRIETORIPARTNER/EXECUTII/E □ NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $ ~it~ftfi1~ o'i?~PERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES {ACORD 101, Addition al Remarlca Schedule, may be attaci,ed If more apace la n,qwred) CERTIFICATE HOLDER ADDTIONAL INSURED The City of Carlsbad, its officials, employees and volunteers 1200 CARLSBAD VLG DR CARLSBAD CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 WZJ1 Policy No.: 90-CA-C318-2 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90-CA-C318-2 Named Insured: Denise Conrad Additional Insured (include address): FE-6609 A INIUUNC\ The City of Carlsbad, its officials, employees and volunteers are named as an additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured. WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ~ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 Printed in U.S.A. WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Kristina Ray, communications department (Name and Department) April 9, 2019 Date Proposed modification(s) to the PL requirement(s) for Denise Conrad Photography (Type of insurance) (Name of contract) D Reduce coverage to the amount of ~ Waive coverage D Other: ------------------------------------- FACTOR(S) IN SUPPORT OF MODIFICATION(S) ( check those that apply) □Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [ explain] _______ _ □Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [ explain: include number of candidates RFP sent to and number responded if applicable] ___________ _ ~Contract Amount/Term of Contract: $15,000. Work will be completed over a period of □Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. ~Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The Communications Department would like to have Denise Conrads' professional liability insurance waived for the following reason: Admin order 68 states that it is not necessary for public relations services to be covered under professional liability when"there is in-house expertise to adequately evaluate contractor's recommendations and staff can control the result of the project." In the case of Denise Conrad, the communications manager and communications coordinator have the in-house expertise to adequately evaluate the contractor. To make sure that the contractor's work can be controlled in house, the contractor will only be shooting photos of city buildings, staff and events that were predetermined by the communications department. Individuals who appear in photos must sign the city's model release, stating that the individual "waives the right to any fees, royalties or control, now or in the future" and that the individual grants "full permission" for the use of their image "including without limitations, name, likeness, performance, voice and biography, for the purpose of publicizing, advertising or promoting any City of Carlsbad matter or program. The invididual also "relinquish any right" that they have to examine or approve the completed product or products. Approved by Risk Manager for this contract only: (Signature) H:\WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY SERVICES FOR DENISE CONRAD, DBA DENISE CONRAD PHOTOGRAPHY EEMENT is mad~ and entered into as of the / C~/) day of __ .......,.J,......flc,,A-, -"+~-· 20 I'¥ , by and between the CITY OF CARLSBAD, a municipal corporatio , (" t "), and Denise Conrad d.b.a. Denise Conrad Photography, a sole proprietorship, (' ontractor"). RECITALS City requires the professional services of a photographer and videographer who is experienced in professional photography and videography. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of one year from the date first above written. The Agreement may be extended for three additional one year terms with the consent of both parties. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. Compensation. The total fee payable for the Services to be performed shall not exceed fifteen thousand dollars ($15,000.00) per agreement year and shall be billed at an hourly rate of one hundred, seventy-five ($175) per hour. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of City Attorney Approved Version 6-2015 Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor 5. Ownership of Work(s). Excepting such items which are specifically identified by Contractor as proprietary trade secrets, any and all sketches, drawings, tracings, images (whether still or moving), audio sounds, recordings, notes, computations, writings, and other materials and documents (collectively "Work(s)") prepared by Contractor in the performance of this Agreement shall be the property of City from the moment of their preparation, and Contractor shall deliver such materials and documents to City, upon request. Contractor shall have the right to make duplicate copies of such materials and documents for its own file or for other purposes the City may agree as to in writing. 6. Titles and Copyright Assignment. Contractor and City intend this to be an Agreement for Services and each considers the deliverable product (Work) and results of the Services to be rendered by Contractor hereunder to be a work made-for-hire. Contractor acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City. If for any reason the Work would not be considered a work made-for-hire under applicable law, Contractor does hereby sell, assign, and transfer to City, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world. If the Work is one to which the provisions of 17 U.S.C. 106A apply, the Contractor hereby waives and appoints City to assert on the Contractor's behalf the Contractor's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without limitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions or the Work, in any medium, for City purposes. Contractor agrees to execute all required documents and to perform such other proper acts, as City may deem necessary to secure for City or its designee the rights herein assigned. 7. Indemnification for Intellectual Property Infringement. Contractor agrees to defend, indemnify and hold harmless City, its elected officials, employees and agents from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, reasonable attorneys' fees, as provided herein, arising out of any claim that the Contractor's Works, products, services and/or deliverables, or any part of them, infringes upon or otherwise violates any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or other rights of any third party, or that City's use of them otherwise violates this Section [collectively referred to for purposes of this Section as "Infringement Claims(s)"), by paying all amounts that a court finally awards or that Contractor agrees to in settlement of such Infringement Claim(s), as well as any and all expenses or charges arising City Attorney Approved Version 6-2015 2 from such Infringement Claim(s), including reasonable attorneys' fees, as they are incurred by City or any other party indemnified under this Section. City also agrees that, if the use or operation of the Contractor's Works, products, services and/or deliverables, or any part of them, becomes, or in Contractor's opinion is likely to become, the subject of an Infringement Claim(s), City will permit Contractor, at Contractor's option and expense for all associated costs, either to procure the right for City to continue to use Contractor's Works, products, services and/or deliverables, or part thereof, or to replace or modify them with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification does not cause the product, services and/or deliverables, or any part thereof, to fail to comply with any of the requirements of this Agreement, including but not limited to, all functionality, technical specifications and performance warranties. In the event City's ongoing use of Contractor's Work's, products, services and/or deliverables, or any part of them, is the subject of any act by a third party arising from an Infringement Claim that would preclude or impair City's use of Contractor's Works, products, services and/or deliverables (e.g., injunctive relief), or if City's continued use of them may subject it to punitive damages or statutory penalties, City shall give written notice to Contractor of such fact(s). Upon notice of such facts, Contractor shall procure the right for City to continue to use the Works, products, services and/or deliverables, or part thereof, or replace or modify the Works, products, services and/or deliverables of comparable quality and performance capabilities to become non-infringing. If Contractor fails to complete the remedial acts set forth above within forty-five (45) calendar days of the date of the written notice from City, City shall have the right to take such remedial acts it determines to be reasonable to mitigate any impairment of its use of Contractor's Works, products, services and/or deliverables or damages (hereafter referred to as "City's Remedial Acts"). Contractor shall indemnify City for all amounts paid and direct and indirect costs associated with City's Remedial Acts. Failure by Contractor to pay such amounts within ten (10) calendar days of invoice by City shall, in addition to and cumulative to all other remedies, entitle City to immediately withhold payments due Contractor under this Agreement up to the amount paid in connection with City's Remedial Acts. 8. Indemnification -General. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 9. Insurance. Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of City Attorney Approved Version 6-2015 3 California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10. Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. City Attorney Approved Version 6-2015 4 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 12. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 13. Termination. In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail and/or U.S. Mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 14. Claims and Lawsuits. By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or City Attorney Approved Version 6-2015 5 in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 15. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 16. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 17. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 18. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 19. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 6-2015 6 CONTRACTOR *By: (Sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: ?Vb ~\se cwW ~er or Mayor (Print name/title) . ft1 r C,OfY'/ daf 5e@_ ota,ise WW1'/lpilofr/)rvf fuEST (e-mail address) **By: (Sign here) \ /. /}tild. s:/4i fYY\+ :a .1:D-,,,< k: ~{,,,,___, Jr&<.... BARA ENGLESON LI City Clerk (Print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:_M_~_____.___...__~- Assistant City Attorney City Attorney Approved Version 6-2015 7 EXHIBIT "A" SCOPE OF SERVICES AND FEES Task As needed, direct and shoot outdoor/indoor photos of city staff, volunteers and models throughout various city locations. Photos desired include high-quality, candid and posed images of people in Carlsbad locations for use in printed and electronic city communication, such as the web site, newsletters and brochures. A photo shoot is defined as a half hour to two hour session in one general location. Contractor will provide city staff with a disc or link to high resolution digital (JPEG) files of images taken at the photo shoot within seven (7) working days. Discs and/or files should be labeled with the shot location and date. Resolution and size of digital JPEG images high resolution digital files, no larger than 30x40. City staff will handle scheduling shoots based on availability of photographer, models and locations, identifying locations and obtaining release forms for models (when needed). Contractor will be in charge of obtaining signed model release forms from individuals participating in photo shoot with 48 hours' advance notice from city staff. City staff will accompany photographer on all shoots and provide direction regarding desired shots. City will provide a description of each shoot, including time, location, desired images and models. City or Contractor may cancel a scheduled shoot with 48 hours' notice for unavoidable, unscheduled and unanticipated schedule conflicts. City or Contractor may cancel a scheduled shoot with six hours' notice if weather conditions are deemed unacceptable for obtaining desired images. Photo shoots will generally occur during daylight hours. Most will occur between Monday and Friday, but up to 25 percent may occur during weekends. Contractor to edit photos as deemed necessary by the city and the photographer to correct for exposure or other imperfections. The cost includes the unlimited right of the City of Carlsbad to use the photos. Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the city. Contractor to provide camera equipment, including camera, batteries, power, flashes, film, light meters, tripods, memory cards. Contractor's photos must be in color. Contractor must coordinate dates/times/locations with the city's communication manager or community relations managers. Contractor will deliver images to the city on disc or via an online file sharing system. Images should be named according to this file naming convention: City Attorney Approved Version 6-2015 8 Photographer initials + subject + date + number Example: DC Wild West Fest 05-18-14 001 TOTAL: $15,000 9 City Attorney Approved Version 6-2015 W AIYER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement( s ). Requested by: Kristina Ray, communications department (Name and Department) April 30, 2018 Date Proposed modification(s) to the PL requirement(s) for Denise Conrad Photography (Type of insurance) (Name of contract) D Reduce coverage to the amount of [8J Waive coverage D Other: _______________________________ _ FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) 0Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] _______ _ 0S ignificance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded (f applicable} ___________ _ [8:JContract Amount/Term of Contract: $15,000. Work will be completed over a period of 0Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. ______________________________ _ [8:IOther (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The Communications Department would like to have Denise Conrads' professional liability insurance waived for the following reason: Admin order 68 states that it is not necessary for public relations services to be covered under professional liability when"there is in-house expertise to adequately evaluate contractor's recommendations and staff can control the result of the project." In the case of Denise Conrad, the communications manager and communications coordinator have the in-house expertise to adequately evaluate the contractor. To make sure that the contractor's work can be controlled in house, the contractor will only be shooting photos of city buildings, staff and events that were predetermined by the communications department. Individuals who appear in photos must sign the city's model release, stating that the individual "waives the right to any fees, royalties or control, now or in the future" and that the individual grants "full permission" for the use of their image "including without limitations, name, likeness, performance, voice and biography, for the purpose of publicizing, advertising or promoting any City of Carlsbad matter or program. The invididual also "relinquish any right" that they have to examine or approve the completed product or products. Approved by Risk Manager for this contract only: S--3-Jg (Signature) (Date) H:\ WORD\lnsurance\Admin Order #68 waiver modify insurance requirements.doc ACORD• CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDO/YYYYI L.--' 05/01/2018 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 pollcy(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this cartlflcate does not confer rlahts to the certificate holder In-lieu of such endorsement(sl. PRODUCER !;ClNTIUal Destlnee Torres NAME: StateFarm DIANA TRACY AGENCY ~11.Jat'· 760-635-1960 Hex 760-635-1984 C.Nol: A, STATE FARM INSURANCE !:t'.e!~ ... , DESTINEE@DIANATRACY .COM 1295 ENCINITAS BLVD INSURERISI AFFORDING COVERAGE NAIC# ENCINITAS CA 92024 INSURER A: state Fann Fire and Casualty Company 25143 INSURED INSURER&: CONRAD, DENISE INSURERC: 344 JUNIPER AVE APT 22 INSURER 0: CARLSBAD CA 92008-8264 INSURERE: INSURERF: 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, NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT INITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHO\NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1~,: lVPE OF INSURANCE ADDL SUBR ,i:3hl&~. POUC!YEXP LIMITS , ... ~ft r..ft,ft POLICY NUMBER lX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 LJ CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES1Ea ------$ ~ MED EXP (AnV orie Den.on) s 5,000 y y 90-CA-C318-2 04/1812018 04/18/2019 PERSONAL & AOV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 ~ DPR~ DLoc PRODUCTS -COMP/OP AGG s 2,000,000 POLICY JECT OTHER, $ AUTOMOBA.£ LIABILITY fOMBlNED~NGlE LIMIT $ ,__ Ea accident ANY AUTO BOOIL Y INJURY (Per person) s ,__ O'MlED -SCHEDULED AUTOS ONLY AUTOS B001L Y INJURY (Per accklenl) S ,__ HIRED ,__ NON-Ov.NED rJ"~;,';; Y DAMAGE AUTOS ONLY AUTOS ONLY p ·&,---ft· $ -,__ $ UMBRELLA LIA8 HOCCUR EACH OCCURRENCE $ -EXCESSUAB Cl.AIMS-MADE AGGREGATE $ OED I I RETENTION s $ WORKERS COMPENSATION I l;¥~r11n: I _ 1 'rf,t· AND l!MPLOVEJIIS' UABILllY YIN ANY PROPRIETOM'AR'TNERIEXECUTIVE D NIA E.L. EACH ACCIDENT $ OFFICERIMEMf!f!R l!XCLUOEO? (Mandato,y lrl NH} E.L. DISEASE· EA EMPLOYEE $ ~;~:m~ ~~PERATl""'a below E.L DISEASE -POLICY LIMIT s DESCRIPllON OF OPERA TIONI I LOCATIONS/ VEHICLE& (ACORD 101, Additional Remllrkt Schedule, may be attaehe4 If man apace la Nqulred) CERTIFICATE HOLDER ADDTIONAL INSURED The City of Carlsbad, Its officials, employees and volunteers 1200 CARLSBAD VLG DR CARLSBAD CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZl!!D REPRESENTATM! ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 SM Policy No. 90-CA-C318-2 TRACY, DIANA 8429-FB2F CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 90-CA-C318-2 Named Insured: CONRAD, DENISE 344 JUNIPER AVE APT 22 CARLSBAD CA 92008 8264 Name And Address Of Additional Insured Person Or Organization: THE CITY OF CARLSBAD & ITS OFFICIALS & EMPLOYEES & VOLUNTEERS 1200 CARLSBAD VLG DR CARLSBAD CA 92008 1989 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. ©. Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II -LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II -GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II - LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II -LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II - COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007033 148011 08-21-2014 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. SM Policy No. 90-CA-C318-2 TRACY, DIANA 8429-FB2F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 90-CA-C318-2 Named Insured: CONRAD, DENISE 344 JUNIPER AVE APT 22 CARLSBAD CA 92008 8264 Name And Address Of Person Or Organization: THE CITY OF CARLSBAD & ITS OFFICIALS & EMPLOYEES & VOLUNTEERS 1200 CARLSBAD VLG DR CARLSBAD CA 92008 1989 CMP-4787 Page 1 of 1 The following is added to Paragraph 10.b. of SECTION I AND SECTION II -COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission.