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N-2018-178
<br />Letter Agreement — Flerencia Mariachi Academy
<br />Page 2
<br />12, Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance
<br />naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include,
<br />but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting fliom 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 amounts of insurance shall
<br />be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate.
<br />Such 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- CompensationInsurance, In accordance with the California Labor Code, Speaker/Performer. if
<br />Speaker/Perfortncr 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. This
<br />license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's
<br />presentation may be maintained by the City, and Speaker/Performer consents to use of such 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 damages,
<br />including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws.
<br />16, Speaker/Performer shah 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 />17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the taws of
<br />the state of California.. Both parties agree that Orange County, California, shall be the venue for any action or proceeding
<br />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 regarding the
<br />subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement
<br />may not be modified except by written instrument signed by the City and by an authorized representative of
<br />Speaker/Performar.
<br />CITY OF SANTA-A,NA SPEAKERIPERF{iTE1VC' R
<br />Raul rodinez II Name: i0bo ce /fur seL.
<br />City Manager Title: Q�- P n S�NYr +-r s6
<br />APPROVED AS TO FORM:
<br />A. ROSSINI
<br />ssiatant City Attorney
<br />J. VCTZ;iE4Interim Ilxecuilv�,Director. PRCSA
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