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L uticr /lgrccmcnt — R.T, Clown, Inc.
<br />Pa1-c 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 additiortat insured(s) and shall
<br />include, but not be linihed to protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performcr's
<br />operations in the performance of this Agreement, including, without lirilhation, acts involving vehicles, The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal
<br />injury and property damage, h; the total amount of $t,000,000 per occurrence, with $2,O00,OOO in Che aggregate,
<br />including coverage of sexual misconduct Such insurance shall: (1) name the City, its officers, employees, agents,
<br />volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance
<br />or self-insurance, programs maintained by the City; and (3) contain standard separation of insured provisions. �3. Worker's Compensation Insurance In accordance with the California Labor Code, Speakcr/Performer, if
<br />Speal<m/Performer has any employees, is required to be insured against liability for workct's compensation or to
<br />undertake sell insurance. wk c. � nsl c pen(Ycytr C y� ✓2w�
<br />14. I he City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of
<br />Speaker/Perfornnei's presentation to the City community or general public, through wcbcast or any other means.
<br />This license shall be non-exclusive and the copyright shall rcmahr with the Speaker/Performer. Copies of
<br />Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such
<br />recordings.
<br />15 Speaker/Per former represents and warrants that it has engaged an independent entity to conduct a background check
<br />of all employees, independent contractors, or other individuits who are performing services for Speaker/Pcibumcr
<br />in connection with this Agreement. The background check shall include at a minimum a state and county crinninal
<br />history investigation where such iudividua] resides and a search of the national and California sex offender
<br />registries. Proof of the background check required under this section shall be provided to City upon request.
<br />16. Speaker/Performer shall riot discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in cormection
<br />with any activities related to this Agreement.
<br />t T This Agreement shalt in all respects shall be interpreted, enforced, and governed exclusively by and under the laws
<br />of the slate ol'Calhonua. Both parties agree fiat Orange County, California, shall be [lie venue for any action or
<br />proceeding that way be brought or arise out of, in connection with or by reason of this Agreement.
<br />15 This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding
<br />the: subiect matter herein and supersedes any and all other agreements, oral or written, between the parties. This
<br />Agreement may not be modified except by written instrument sided by the City and by an authorized representative
<br />of Speaker/Performer.
<br />Pleasc execute this letter to reflect your agreement to the terms and conditions sel forth herein.
<br />CITY OF SANTA ANA
<br />DAvrl> CAvnGO5
<br />City Manager
<br />AT l' ST'
<br />MARIA D. IiU1ZAR
<br />C7crk of the C'ouucii
<br />SPEAKER/PERFORYIE 2
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<br />APPROVED ASCO FORM:
<br />BX1,01
<br />JGH,,NK
<br />Assistant City Attorney
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