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Letter Agreement — Joseph Peck
<br />Page 2
<br />N-2018-123
<br />persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or
<br />regulations 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
<br />against claims arising from bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting from any act or occurrence arising out of Speaker/Performer's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than
<br />the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such
<br />insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional
<br />insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the
<br />City; and (3) contain standard 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 webcast or any other means.
<br />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 />1.5. 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 />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 SAN�A A SPEAKERIP RFORNIER
<br />RAUL GODINEZ EPA PECK
<br />City Manager
<br />rilr
<br />ATTEST:„ APP,,ROVED AS TO jFORM:
<br />o „I By. aowa, i 19jS t,Y1l
<br />MARIA D. HUIZAR LAURA A. ROSSINI
<br />Clerk of the Council Senior Assistant City Attorney
<br />RECOMMENDED
<br />-FOR APPROVAL:
<br />Jeannie Jurado
<br />Acting Executive Director of Parks, Recreation, and Community Services Agency
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