|
Letter Agreement — Olive Crest
<br />Page 2
<br />and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or
<br />her agents, or employees.
<br />11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in
<br />connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully
<br />releases, waives and discharges forever any and all claims, demands, rights, and causes of action
<br />of any kind or nature against, and covenants not to sue, City, its elected officials, officers,
<br />employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of
<br />them, under any present or future laws, statutes, or regulations for any claim or event relating to
<br />the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and representatives
<br />as additional insured(s) and shall include, but not be limited to protection against claims arising
<br />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
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily
<br />and personal injury, including death resulting therefrom, and property damage, in the total amount
<br />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)
<br />be primary and not contributory with respect to insurance or self-insurance programs maintained
<br />by the City; and (3) contain standard separation of insured provisions.
<br />13. Worker's Compensation Insurance. In accordance with the California Labor Code,
<br />Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance.
<br />14. Live Scan Background Check. Speaker/Performer, and any employees, subcontractors or
<br />substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit
<br />to a Live Scan electronic background check for criminal history available through the California
<br />Department of Justice as a condition of this Agreement and provide proof of compliance prior to
<br />performing services hereunder.
<br />15. The City shall have the right and royalty -free license to simulcast or produce and show a tape -
<br />delayed broadcast of Speaker/Performer's presentation to the City community or general public,
<br />through webeast or any other means. This license shall be non-exclusive and the copyright shall
<br />remain with the Speaker/Performer. Copies of Speaker/Performer's presentation may be
<br />maintained by the City, and Speaker/Performer consents to use of such recordings.
<br />16, Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar
<br />fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify
<br />the City against any liability or damages, including attorney's fees, that may arise as a result of
<br />violation by Speaker/Performer of copyright laws.
<br />17. Speaker/Perfonner shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, disability, or any other basis protected by
<br />applicable law in connection with any activities related to this Agreement.
<br />18. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by
<br />and under the laws of the state of California. Both parties agree that Orange County, California,
<br />
|