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Letter Agreement —Creative Parties for Kids N-2018-220
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<br />following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, 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 separation
<br />of insured provisions.
<br />13. Worker's Compensation insurance, In accordance with the California Labor Code, Speaker/Performer, If'Speaker/Performer
<br />has any employees, is required to be insured against liability for worker's compensation or to 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 license
<br />shall be non-exclusive and the copyright shall remain with the Speaker(Perfonner. Copies of Speaker/Performer's
<br />presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings.
<br />15. Live Scan Background Check: Speaker/Performer, and any employees, subcontractors or substitutes, in contact with
<br />minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for
<br />criminal history available through the California Department of Justice as a condition of this Agreement and provide proof
<br />of compliance prior to performing services hereunder.
<br />15. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required
<br />by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages, including
<br />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 orientation, age,
<br />national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to
<br />this Agreement.
<br />17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the
<br />state of California. Both parties agree that Orange County, California, shall be the venue for any action or proceeding that
<br />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 may
<br />not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer.
<br />CITY OF SAN&A NA
<br />RAUL GODINEZ
<br />City Manager
<br />ATTF
<br />MARIA D. HUIZAR
<br />Clerk of the Council
<br />RECOMM ED FOR APP VAL:
<br />C.
<br />isa R dloff, cutive Director, PFbrSA
<br />SPEAKERIPERFORMER /
<br />Name: Lisa Cohen
<br />Title: Owner
<br />APPROVED AS TO FORM:
<br />By: t"lWlbkR-L
<br />LAURA A. ROSSINI
<br />Senior Assistant City Attorney
<br />
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