HomeMy WebLinkAboutConrad, Denise dba Denise Conrad Photography; 2022-04-26;City Attorney Approved Version 6/12/18
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AGREEMENT FOR PROFESSIONAL PHOTOGRAPHY SERVICES
DENISE CONRAD, DBA DENISE CONRAD PHOTOGRAPHY
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2022, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), Denise Conrad d.b.a. Denise Conrad Photography, a sole proprietorship,
(“Contractor").
RECITALS
A. City requires the professional services of a photographer that is experienced in
professional photography of events, projects and people.
B. Contractor has the necessary experience in providing professional services and
advice related to professional photography.
C. Contractor 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 attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement’s terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional one (1)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not
exceed fifteen thousand dollars ($15,000.00). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. If the City elects
to extend the Agreement, the amount shall not exceed fifteen thousand dollars ($15,000.00) per
Agreement year. Services shall be billed at $175.00 per hour.
The City reserves the right to withhold a ten percent (10%) retention until City has accepted the
work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be
made as outlined in attached Exhibit "A".
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6. 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
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.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
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 by any negligence,
recklessness, or willful misconduct 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.
10. 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 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
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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.
10.1 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 (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 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.
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.
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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. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Kristina Ray Name Denise Conrad
Title Director Title Owner
Department
Communication &
Engagement Address 2772 Flower Fields Way
City of Carlsbad Carlsbad, CA 92010
Address 1200 Carlsbad Village Drive
Phone
No. 760-859-6804
Carlsbad, CA 92008 Email denise@deniseconradphotography.com
Phone No. 442-339-2957
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. 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.
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Yes No
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. 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 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.
X
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21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. 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 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.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. 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.
26. 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.
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CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
DENISE CONRAD
Owner/Photographer
KRISTINA RAY
Director Communication & Engagement
ATTEST:
FAVIOLA MEDINA
City Clerk Services Manager
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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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: _____________________________
Assistant City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
As needed photography of places, events and people in the City of Carlsbad.
Direct and shoot outdoor/indoor photos of city events, projects, city staff and volunteers
throughout various city locations.
Coordinate with photo subjects in person or by phone about locations, time and dates of
photo shoots
Identify and coordinate photo shoots at city locations, including city landmarks, buildings
and events desired to use in printed and electronic city communications, such as the
website, newsletters and brochures.
Photos of people desired include high-quality, candid and posed images of people in
Carlsbad locations for use in printed and electronic city communication, such as the
website, newsletters and brochures.
Photos of projects, landmarks, buildings and events desired include high-quality images in
Carlsbad locations for use in printed and electronic city communications, such as the
website, newsletters and brochures.
A "photo shoot" is defined as a half hour to two (2) hour session in one (1) general location.
Contractor will provide city employees with a disc of high resolution digital (JPEG) files of
images taken at the photo shoot within seven (7) (working) days.
Resolution and size of digital JPEG images high resolution digital files, no larger than
30x40.
City employees will handle scheduling 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 forty-eight (48) hours’ advance notice from city staff.
Contractor is responsible for printing copies of model release forms.
City employees will accompany photographer on shoots (when needed) and provide
direction regarding desired shots.
City employees will provide a description of each shoot, including time, location, desired
images and models.
City or Contractor may cancel a scheduled shoot with forty-eight (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, between the hours of 7:30 a.m. and 5:30 p.m., but up to twenty-five (25)
percent of the shoots 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 city.
Contractor to provide camera equipment, including camera, batteries, power, flashes, film,
light meters, tripods, memory cards.
Contractor’s photos must be in color, unless otherwise noted by city employees
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Coordinate dates/times/locations with the city’s communication & engagement director,
manger or communication coordinator
Deliver via email to the communication & engagement department a link to images of each
photo shoot within one (1) week.
Rate for shoots is as follows:
$175 per hour for assigned photo shoots
$50 per image used for same-day social media images (excluding assigned photo shoots)
For each task, Contractor will produce materials by specific deadlines created by communication
& engagement department. Contractor will receive written notice from communication &
engagement 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: Not to exceed $15,000.00 per agreement year
Other considerations
• Written work products must follow the City of Carlsbad writing style guidelines and be
free from Contractor logos or other branding elements.
• Contractor is responsible for alerting the city’s project manager in advance in writing of
any out of scope requests before commencing work.
• Contractor will provide invoices to the city in a format specified by the Communication &
Engagement director.
• Contractor must get approval in advance in writing from the Communication &
Engagement director prior to disclosing information about this contract or Contractor
activities on behalf of the city, including using this project for marketing purposes, case
studies, professional association presentations and any other purpose.
• Any creative/design products must conform of the City of Carlsbad brand guidelines.
All work products must be provided in the following file formats:
• Microsoft Word or Google Docs (for documents)
• Microsoft Excel or Google Sheets (for spreadsheets)
• Microsoft PowerPoint or Google Slides for presentations
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ACORi:I CERTIFICATE OF LIABILITY INSURANCE I DAT£ (MMIDDM'YYJ
~ 03/11/2022
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 ADDmONAL INSURED, the pollcy(las) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain poflclas may require an endorsement. A statement on
this certificate does not confer rlahts to the certificate holder In Heu of such endorsementls).
PRODUCER ~~~"'' JENNIFER DOOLITTlE
StateFann DIANA TRACY AGENCY f!l,gt!_ .,_,_ 760-635-1960 I ff~ ...... 760-635-1964
A. STATE FARM INSURANCE ~--. JENNIFER@DIANATRACY.COM
4403 MANCHESTER AVE STE 102 INSUHDNt\ AFFORDING COVERAGE NAICII
ENCINITAS CA 92024 INSURER A: Slate Fann Fire and casualty Company 25143
INSURED INSURERB:
CONRAD, DENISE INSURl!RC:
2772 FLOWER FIELDS WAY INSURERD:
CARLSBAD CA 92010-8336 INSUR&RE:
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 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 CONDmONS OF SUCH POLICIES. UMrrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS •
IN~ lYPE OF INSURANCI! ~YEFF ....__.,Yl!Xf' LIMITS OM~~ -~ POLICY NUMBER
~ COMMERCIAL OPIERAL UABIUTY EACH OCCURRENCE s 1,000,000
=:J CL/\lMs-MADE □ OCCUR
~ tU.ru;,.,i11;v n:. s -MED EXP !Anv cn, -1 s 5,000 -y y 90-CA-C31~2 04/1812022 04/1812023 PERSONAL & ADV INJURY s -s 2,000,000 GENi. AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE =l ::: □ m □ L0C
PRODUCTS-COMPoOP AGO s 2,000,000
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AUTOMOBLE UABIU1Y ~~;ilNGLE UMIT s --AN'/ALITO BOOIL Y INJURY (Per pnon) s -OWNED ,--SCHE0U1.EO BOOIL Y INJURY (Per 8Cddenll S --ALITOSOM..Y -~ HIRED "-r-~, T DAMAGE s -AUTOSOM..Y -AUTOS ONLY s
UMBRELLA UAB H=:MAOE . EACH OCCURRENCE s -EXCESSLIAB AGGREGATE s
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WORKERS COMPENSATION l~n-I I ~6"" AND EMl'I.Ol'ERS' UABIIJTY YIN
AHY PROPRIETORIPARTHERIEXECIITIVE □ NIA E.L EACH ACCIDENT s OFFICER,1\IEMBER EXCWDEO? (Mandatory In NH) E.L DISEASE , EA EMPLOYEE S
If ves. ducr1be under E.L DISEASE • POLICY LIMIT S OF OPERATIONS below
DESCRIPTION OF OPERATIONS ILOCA110N9 I VEHICLES CAC0RD 101, Addlllonal "-l'b SclNdule, mar be attached If mon IPIC8 •• niqulnNI)
CERTIFICATE HOLDER
ADDTIONAL INSURED
Toe Ctty of Carlsbad, Hs 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.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
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, Director Communication & Engagement April 1, 2022
(Name and Department) Date
Proposed modification(s) to the PL requirement(s) for Denise Conrad Photography
(Type of insurance) (Name of contract)
Reduce coverage to the amount of
:
Waive coverage
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
1 year
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): Contractor will only implement
direction of city staff. City staff has the expertise to ensure oversee contractor's work. 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 "relinquishes any right" that they have to
examine or approve the completed product or products.
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Approved by Risk Manager for this contract only:
(Signature) (Date)
H:\WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc
DocuSign Envelope ID: 4837A2AA-6792-45F2-ACC8-69B751847860