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Letter Agreement — Doodlebugs Animal Adventures
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<br />counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's
<br />fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or
<br />employees.
<br />11. Release. Speaker/Performer accepts the Property and any City -provided equipment used in connection
<br />with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives
<br />and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature
<br />against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers,
<br />and all persons acting on behalf of, by, through or under each of them, under any present or future laws,
<br />statutes, or regulations for any claim or event relating to the condition of the Property or City -provided
<br />equipment or Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Speaker/Performer's operations in the performance of this Agreement, including,
<br />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
<br />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
<br />additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance
<br />programs maintained by the 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
<br />compensation or to undertake self-insurance.
<br />14. Fingerprints and Background Check. Provider, and any employees, subcontractors or substitutes, shall
<br />arrange for and submit their fingerprints for a criminal background check through the Department of
<br />Justice through the City's Human Resources Department process. Consultant shall be responsible for all
<br />charges associated with fingerprinting. Consultant, its employees and subcontractors, shall not perform
<br />any services pursuant to this Agreement until clearance is received and Consultant is notified by the
<br />City's Parks, Recreation and Community Services Department.
<br />15. Limited License. The City shall have the right and royalty -free license to simulcast or produce and show
<br />a tape -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 remain
<br />with the Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City,
<br />and Speaker/Performer consents to use of such recordings.
<br />16. Fee Responsibility. Speaker/Performer is solely responsible for payment of royalty fees, performance fees,
<br />or similar fees that maybe 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 violation
<br />by Speaker/Performer of copyright laws.
<br />17. Nondiscrimination. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex,
<br />marital status, 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.
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