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Letter Agreement — Creative Parties for Kids N-2018-077 <br />Page 2 <br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability <br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) <br />and shall include, but not be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of <br />Speaker/Performer's operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying <br />to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its <br />officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not <br />contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard <br />separation of insured provisions. <br />13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if <br />Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to <br />undertake self-insurance. <br />14. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast <br />of Speaker/Performer's presentation to the City community or general public, through webcast or any other <br />means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of <br />Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such <br />recordings. <br />15. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be <br />required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or <br />damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. <br />16. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection <br />with any activities related to this Agreement. <br />17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the <br />laws of the state of California. Both parties agree that Orange County, California, shall be the venue for any <br />action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. <br />18. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer <br />regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the <br />parties. This Agreement may not be modified except by written instrument signed by the City and by an <br />authorized representative of Speaker/Performer. <br />CITY OF SANTA NA SPEAKER/PERFORMER <br />&L <br />RAUL GODINE Name: Lisa Cohen <br />City Manager Title: Owner <br />ATTEST: �- APPROVED AS TO FORM: <br />i ram, ,t PQ <br />-B�OUAro., It = <br />ARIA D. HUIR /al <br />ZAR Laura Rossini <br />14 Clerk of the Council Senior Assistant City Attorney <br />RECOMMENDED FOR APPROVAL <br />(:� Gerardo Mouet, Executive Director, PRCSA <br />