|
N-2018-111
<br />Letter Agreement — Noteworthy Puppets, Inc.
<br />Page 2
<br />nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and volunteer, and all
<br />persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations
<br />for any claim or event relating to the condition of the Property or City -provided equipment.
<br />12. Speaker/Performer shall maintain commercial general liability insurance naming the City, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting
<br />from any act or occurrence arising out of Speaker/Performer's operations in the performance of this Agreement,
<br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage,
<br />in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name
<br />the City, its 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 of
<br />Speaker/Performer's presentation to the City community or general public, through webeast or any other means. This
<br />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/Perfornier consents to use of such
<br />recordings.
<br />15, Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
<br />age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities
<br />related to this Agreement.
<br />16. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of
<br />the state of California. Both parties agree that Orange County, California, shall be the venue for any action or
<br />proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
<br />17. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding
<br />the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This
<br />Agreement may not be modified except by written instrument signed by the City and by an authorized representative
<br />of Speaker/Performer.
<br />CITY OF TA ANA
<br />RAUL GODINEZ II y
<br />City Manager
<br />ATTEST„
<br />MAR D^ D. HUIZAR
<br />{ Clerk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />SPEA ERF ER
<br />By:
<br />NOTEWORTHY PUPPETS, INC.
<br />APPROVED AS TO FORM:
<br />By:� 0-wi c)" d1,t _
<br />LAURA ROSSINI
<br />Senior Assistant City Attorney
<br />JEANNIE JUR 'DO of Parks Recreation and Co --it Services A
<br />m y gency
<br />ACTING EXECUTIVE DIRECTOR
<br />
|