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Letter Agreement - Cynthia Lujan
<br />Page 2
<br />11 Comilimial General Liability Insurance. Artist shall Maintain commercial general liability insurance naming the
<br />City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but
<br />not be limited to protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting front any act or occurrence arising out of Artist's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insmanee
<br />shall be not less than the following: single limit coverage applying to bodily and personal injury, including death
<br />resulting thavfroul, and property damage, in the total amount of $1,000,000 per occurrence, with $72,000,000 in the
<br />aggregate. Such insurance shall: (1) name the City, its Of[100M employees, agents, volunteers, and representatives
<br />as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance prograim
<br />maintained by the City, and (3) contain standard separation of insured provisions. The insturairoe obligation under
<br />this section may be satisfied through PUrchuse of special event insurance through the City that is acceptable to the
<br />city.
<br />13, Worker's Compensation insurance. In accordance with the California Labor Code, Artist, if Artist has tiny
<br />employees, is required to be insuxed agemit liability for worker's compensation or to undertake self-insurance,
<br />14. Artist agrees that the mural and any related work under this Agreement is a work trade for hire and the property of'
<br />the City, including all copyright interest. It) the event that the matorialwhiell is the subject of (his Agreement is not
<br />copyrightable subject matter, or for any reason is determined not to be a work made for hire, then and in such event
<br />Artist hereby assigns all tight, title and interest to said material to City,
<br />15. Artist shall not discriminate because of race, color, ureed, religion, sex, marital status, sexual orientation, age,
<br />natiould origin, ancestry, disability, or any other busis Protected by applicable law fit conucchan with Ally activities
<br />related to this Agreement,
<br />16, This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by arid under the laws
<br />of the state orcabierma. Both parties agree that 01 -Inge County, California, shall be the venue for any action or
<br />proceeding that may be brought or arise out of, in connection with or by reason ofthig Agreement.
<br />17, Phis Agrecanent represents the complete and ex0lusive statement between the City and Artist rogsrdi rig the subject
<br />matter herein and supersedes any and all other agreements, oral or written, between tile parties, This Agree nelit
<br />may not be modified except by written ingtrumeat signed by the City and by an authorized representative of Artist.
<br />Please execute this letter to reflect your agreement W the forms and conditions set forth herein.
<br />CITY OF SANTA AN
<br />Z,A
<br />fA I ;A
<br />tf City Manager
<br />ATTEST:
<br />MARIA D, BUIZAR
<br />Clerk of Council
<br />ART SY
<br />T
<br />A LUTA
<br />APPROVED AS TO FORM:
<br />sy*,10 t M,1^-, MK
<br />Assistant City Attorney
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