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Item 18 - Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for Outdoor
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Item 18 - Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for Outdoor
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5/16/2024 3:21:04 PM
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5/16/2024 3:18:18 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
18
Date
5/16/2024
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the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to <br />be provided by Consultant shall be provided in a manner consistent with all applicable standards <br />and regulations governing such services. Consultant shall pay all salaries and wages, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shall <br />be responsible for all applicable withholding taxes. <br />S. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in <br />plans, specifications, studies, drawings, estimates, and other documents or works of authorship <br />fixed in any tangible medium of expression, including but not limited to, physical drawings or <br />data magnetically or otherwise recorded on computer diskettes, which are prepared or caused <br />to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall <br />require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual <br />license for any Documents & Data the subcontractor prepares under this Agreement. Consultant <br />represents and warrants that Consultant has the legal right to license any and all Documents & <br />Data. Consultant makes no such representation and warranty in regard to Documents & Data <br />which were provided to Consultant by the City. City shall not be limited in any way in its use of <br />the Documents and Data at any time, provided that any such use not within the purposes <br />intended by this Agreement shall be at City's sole risk. <br />6. INSURANCE (Subject to revision per RMD requirements) <br />Contractor shall procure and maintain for the duration of the contract insurance against claims <br />for injuries to persons or damages to property which may arise from or in connection with the <br />performance of the work hereunder and the results of that work by the Contractor, his agents, <br />representatives, employees or subcontractors. <br />MINIMUM SCOPE OF INSURANCE <br />Coverage shall be at least as broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br />covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, <br />either the general aggregate limit shall apply separately to this project/location (ISO <br />CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the <br />required occurrence limit. <br />2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if <br />Contractor has no owned autos, covering hired, (Code 8) and non -owned autos <br />(Code 9), with limit no less than $1,000,000 per accident for bodily injury and <br />property damage. <br />3. Workers' Compensation: as required by the State of California, with Statutory <br />Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per <br />accident for bodily injury or disease. <br />
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