Attached is the City of Albuquerque Model Agreement that goes with the Insurance waiver criteria below.

From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Carter, Matthew
Sent: Wednesday, April 17, 2019 2:53 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: RE: Insurance Requirements to develop time-based public art proposals?

Helen,

At the City of Albuquerque we use a basic model/design contract for finalist when developing a proposal for consideration for commission.  We do not require them to carry a CGL at this stage of the process.  The City of Albuquerque  Purchasing and Risk Management department has developed  criteria that allows city staff to waive insurance in contracts that are under $15,000. 

For contracts of $15,000 and under for the following services, the stardard insurance  requirements for Commercial General Liability and Automobile Liablity will be automatically waived (without the necessity of a memo signed by Risk management)  If the services do not involve the use of a vehicle or more than minimal physical activity. 

The services include:

· Education Services: Lecturer, trainings

· Performances Services: Performers, bands, storytellers, puppeteers

· Artistic Services:  Disign/graphics servicies, design of signage, purchase or commissions of art works

· Legal Services:  Attorneys, legal assitants, court reporters (Professional Liablitiy cannot be waived.)

· Financial Services:  Economic analysis, auditing, examiniation of financial status, market analysis, developing cost estimates (Professional Liability cannot be waived.)

· Computer Related Services:  Design and installation of software, programming, analyst, administrator or operator.

· Library Services:  Development of catalog and circulation systems maintenance of collections.

· Misclellaneous services:  Interpreters, ticket sales, Literacy interviews.

I hope this helps,

Matt

MATTHEW CARTER

project planner, uetf/public art/vmrc

505-768-3804

public art urban enhancement division

city of albuquerque

cabq.gov/publicart

From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Helen Lessick
Sent: Wednesday, April 17, 2019 1:42 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Insurance Requirements to develop time-based public art proposals?

Thanks Renee,

My client asked me to find examples currently in use by municipalities.  Still hope to find them!

Helen

On Wed, 17 Apr 2019 at 12:13, Renee Piechocki <reneepie@fastmail.com> wrote:

Hi Helen,

What a pain! I think Sarah Odenkirk's book A Surprisingly Interesting Book About Contracts has exactly what you need. There may even be a version of the letter 

published in a sample contract she worked on with Larry Kirkland on the PAN website. 

Good luck! 

Renee

On Thu, Apr 18, 2019, at 5:57 AM, Helen Lessick wrote:

Dear PAN Administrator Colleagues,

My municipal client issued an RFQ for a time-based, music composition and performance public art commission.

The semi-finalist agreement asks for a musical sketch (1 - 2 minutes) showing how each semi-finalist would approach the commission. Each semi-finalist would be paid $1,000.

I typically use a Letter of Agreement or Memorandum of Understanding to confirm the services.

The City legal department says it is a contract requiring full insurance coverage - including $2M in General Liability insurance and endorsements holding the City harmless. Needless to say this has a chilling effect.

Does anyone use a letter of simple agreement model for paid proposals that does not require general liability, auto and workers comp insurance coverages? 2018 or 2019 examples most appreciated, in the next few days.

Helen

Helen Lessick

HelenLessick.net

Los Angeles

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