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HomeMy WebLinkAboutMy House of Design; 2018-09-07;AGREEMENT FOR GRAPHIC DESIGN SERVICES BETWEEN CITY OF CARLSBAD AND MY HOUSE OF DESIGN THIS AGREEMENT is made and entered into as of the }::\\A,.. day of ~~\R 11\./'\ lo d 'I"""', 20 { 1. by and between the CITY OF CARLSBAD, a municipal corpmtion:°fdty");and My House of Design, a Texas Sole Proprietorship ("Contractor"), RECITALS City requires the professional services of a graphic designer experienced in creating visual materials for the City's public outreach and communication efforts, including but not limited to Web, publications and video. 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 three (3) years from the date first above written. The Agreement may be extended for two (2) 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 twenty-five thousand dollars ($25,000.00) per agreement year and shall be billed at the rate of sixty-eight dollars ($68.00) 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. Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No~ 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. City Attorney Approved Version 6-2015 5 These provisions include false claims made with deliberate ignorance of the false information or 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 (Sign here) Shaila Abdullah, Creative Dir./ Owner (Print name/title) info@myhouseofdesign.com (e-mail address) **By: (Sign here) (Print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached . .!f..E_ 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: __ ~-~1_0_~~~~---- Assistanteit~totney City Attorney Approved Version 6-2015 7 EXHIBIT "A" SCOPE OF SERVICES City will provide a detailed description of each graphic design task and deadlines through e-mail, phone or in-person meeting. Contractor to design city materials, including but not limited to newsletters, brochures, ads, web and web graphics and fact sheets. Contractor to submit to communications manager or her designee a draft for review and approval. Contractor will modify designs based on direction from the Communications Department. City will provide Contractor with photos, if needed. Contractor to obtain unlimited usage rights for any additional stock photos purchased and used. Contractor to follow style guidelines provided by the Communications Department for any Contractor created graphics, including fonts and colors. Contractor will deliver the following for each project: • All Project files in Adobe PDF files • All physical and digital media source files (graphics, animations and any other elements created for the project). Raw footage is to be delivered in native format. Other considerations: • All works submitted to and accepted by the city must be an original piece designed by the contractor. • The City reserves the right to use all submitted works in current and/or future forms of current media and/or media to be developed. For each task, Contractor will produce materials by specific deadlines created by communications department. Contractor will receive written notice from communications department for each task and deadline date for each task. Dates and times will be mutually agreed upon by the parties and subject to the availability of city staff and Contractor. Total for contract: $25,000 City Attorney Approved Version 6-2015 8 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L.----' 8/20/2018 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 policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER '-V'"""I Ruth Reyes NAME: Starr Insurance Agency rtg~:o Extl: S12-586-2000 I ,;{)~, No): 512-586-2002 8801 Research Blvd Suite 104 ~-MAIL Starr04@mystarr.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Austin TX 78753 INSURER A: Travelers Casualty & Surety of Illinois 19046 INSURED INSURER B: . - SHAILA ABDULLAH DBA: HOUSE OF DESIGN INSURER C: - 8408 Dulac Dr INSURER D: INSURER E: Austin TX 78729 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIN::.r< TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER IMM/DD~) iM~&>rv'v~, LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 -D CLAIMS-MADE ~ OCCUR lJAll/l)fficTIJ ~cl lll=lJ PREMISES (Ea occurrence) $ 300000 MED EXP (Any one person) $ 5000 - A y y 680 5F55343A 4/29/2018 4/29/2019 PERSONAL & ADV INJURY $ 1000000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2000000 ~ DPRO-DLOC POLICY JECT PRODUCTS -COMP/OP AGG $ 2000000 OTHER: $ AUTOMOBILE LIABILITY Sl~GLc LIMI I $ (Ea accident) - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-O1/VNED •ct TY DAMAGE $ HIRED AUTOS AUTOS (Per accident) --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I STATUTE I J O~n- AND EMPLOYERS" LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1000000 A OFFICER/MEMBER EXCLUDED? N/A 680 5F55343A 4/29/2018 4/29/2019 (Mandatory In NH) E L. DISEASE -EA EMPLOYEE $ 1000000 ~~S~~ftfr8~ ~~~PERATIONS below E L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder listed as Additional Insured The City of Carlsbad, its officials, employees and volunteers named as an additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad its officers agents and employees ACCORDANCE WITH THE POLICY PROVISIONS. Communications Department AUTHORIZED REPRESENTATIVE 1200 Carlsbad Village Drive Carlsbad CA 92008 RUT~ Rc~cS' I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ... TRAVELERSJ One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA Named Insured: Policy Number: Policy Effective Date: Policy Expiration Date: Issue Date: Premium$ SHAILA ABDULLAH DBA: HOUSE OF DESIGN 680-SF55343A-18-42 04/29/2018 04/29/2019 08/20/2018 NIL Effective from 08/20/18 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: Additional Insureds are added to the policy as provided under the attached endorsement(s): CG T4 91 The following Person or Organization has been added for Waiver of Transfer of Rights of Recovery Against Others: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD, CA, 92008 The following forms and/or endorsements is/are included with this change. These forms are added to the policy or replace forms already existing on the policy: CG T4 91 11 88 IL TO 07 09 87 CG 24 04 10 93 NAMEANDADDRESSOFAGENTORBROKER STARR INSURANCE AGENCY 8801 RESEARCH BLVD STE 104 AUSTIN TX 78758 IL TO 07 09 87 (Page 1 of 1 ) Countersigned by Authorized Representative DATE: 08/20/2018 Office: HOUSTON TX POLICY NUMBER: 680-5F55343A-18-42 EFFECTIVE DATE: 04/29/2018 ISSUE DATE: 08/20/2018 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS * * IL TO 07 09 87 IL TO 19 02 05 MP TO 01 02 05 IL TS 01 01 01 IL T3 15 09 07 BUSINESSOWNERS MP Tl 30 02 05 MP Tl 02 02 05 MP Tl 05 02 05 MP T4 79 06 13 MP T3 25 01 15 MP T3 50 11 06 MP T3 56 02 08 MP T9 54 02 05 CHANGE ENDORSEMENT COMMON POLICY DECLARATIONS BUSINESSOWNERS COVERAGE PART DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS TABLE OF CONTENTS -BUSINESSOWNERS COVERAGE PART - DELUXE PLAN BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM AMENDATORY PROVISIONS -OFFICES TEXAS CHANGES FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE EQUIPMENT BREAKDOWN -SERVICE INTERRUPTION LIMITATION AMENDATORY PROVISIONS -GREEN BUILDING AND BUSINESS PERSONAL PROP COV ENHANCEMENTS EMPLOYEE DISHONESTY AND FORGERY OR ALTERATION EXCLUSION COMMERCIAL GENERAL LIABILITY * * CG TO 34 11 03 CG 00 01 10 01 CG 24 04 10 93 CG D2 55 11 03 CG D3 09 11 03 CG D4 71 01 15 CG DO 37 04 05 CG D2 03 12 97 CG T4 91 11 88 CG D4 13 04 08 CG D2 56 11 03 CG D3 26 10 11 CG D3 56 05 14 CG D4 21 07 08 CG D6 18 10 11 TABLE OF CONTENTS -COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US AMENDMENT OF COVERAGE -POLLUTION AMENDATORY ENDR-PRODUCTS-COMPLETED OPERATIONS HAZARD AMENDMENT OF COVERAGE B -PERSONAL AND ADVERTISING INJURY LIABILITY OTHER INSURANCE -ADDITIONAL INSUREDS AMEND -NON CUMULATION OF EACH OCC ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION AMEND COVG -POLLUTION-EQUIP EXCEPTION AMENDMENT OF COVERAGE -PROPERTY DAMAGE EXCLUSION -UNSOLICITED COMMUNICATION MOBILE EQUIPMENT REDEFINED -EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS AMEND CONTRAL LIAB EXCL -EXC TO NAMED INS EXCLUSION -VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 1 OF 2 POLICY NUMBER: 680-5F55343A-18-42 EFFECTIVE DATE: 04/29/2018 ISSUE DATE: 08/20/2018 COMMERCIAL GENERAL LIABILITY (CONTINUED) CG D7 46 01 15 CG F2 68 05 05 CG F8 80 05 15 CG D2 26 06 15 CG D2 42 01 02 CG T4 78 02 90 CG T4 81 11 88 CG 01 03 06 06 INTERLINE ENDORSEMENTS IL T4 12 03 15 IL T4 14 01 15 IL T3 82 05 13 IL 00 21 09 08 IL 01 68 03 12 IL 02 75 11 13 POLICY HOLDER NOTICES PN T9 70 03 13 PN TO 22 12 15 PN T4 54 01 08 PN MP 38 01 11 EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION TEXAS CHANGES -EMPLOYMENT-RELATED PRACTICES EXCLUSION EXCLUSION -DISCRIMINATION -TEXAS EXCLUSION -TOBACCO OR NICOTINE EXCLUSION -WAR EXCLUSION -ASBESTOS EXCLUSION -ALL HAZARDS IN CONNECTION WITH A DESIGNATED EXPOSURE TEXAS CHANGES AMNDT COMMON POLICY COND-PROHIBITED COVG CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) TEXAS CHANGES -DUTIES TX CHANGES -CANC AND NONRENEW PROV FOR CASUALTY LINES IMP NOTICE-PERIOD TO FILE CLAIM-TX CAT IMPORTANT NOTICE -INFORMATION OR COMPLAINTS -TEXAS IMPORTANT NOTICE REGARDING INDEPENDENT AGENT AND BROKER COMPENSATION IMPORTANT NOTICE -JURISDICTIONAL INSPECTIONS * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 2 OF 2 POLICY NUMBER: 680-5F55343A-18-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08/20/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 680-SF55343A-18-42 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08/20/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF CARLSBAD,ITS OFFICERS,AGENTS AND EMPLOYEES COMMUNICATIONS DEPA RTMENT COMMUNICATIONS DEPARTMENT 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CGT4911188 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 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) Date Proposed modification(s) to the PL requirement(s) for My House of Design (Type of insurance) (Name of contract) D Reduce coverage to the amount of [8J Waive coverage D Other: ------------------------------------- FACT0R(S) IN SUPPORT OF M0DIFICATI0N(S) (check those that apply) OSignificance 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} _______ _ OSignificance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number re.\p<mded if applicable} ___________ _ [8'.IContract Amount/Term of Contract: $25,000. Work will be completed over a period of OProfessional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain}. ______________________________ _ [8'.I0ther (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): Contractor will only implement designs based on approved templates from the City of Carlsbad brand guidelines. and any needed photos or other images will be provided by the City of Carlsbad. Due to this limited role, the risk of professional liability is minimal. All work products will be reviewed and approved by city staff with professional expertise in graphic design and communication. Contractor will not distribute finished products; that will be the responsibility of city staff A roved b Risk Mana er for this contract onl ( ignature) (Date) 11:\ WORD\lnsurance\Admin Order #68 waiver modify insurance requirements.doc