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Letter Agreement — Full Spectrum Educational Services
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<br />nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and volunteers, and all
<br />persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations
<br />for any claim or event relating to the condition of the Property or City -provided equipment,
<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 additional insured(s) and shall
<br />include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performer's operations
<br />in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
<br />shall be not less than the following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. 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 programs
<br />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 compensation or to
<br />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 engagement or presentation to the City community or general public, through webeast or any
<br />other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies
<br />of Speaker/Performer's engagement or presentation may be maintained by the City, and Speaker/Performer consents
<br />to use of such recordings.
<br />15, Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
<br />age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities
<br />related to this Agreement.
<br />16, This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of
<br />the state of California. Both parties agree that Orange 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 of this Agreement.
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<br />This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding
<br />the subject 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 signed by the City and by an authorized representative
<br />of Speaker/Performer.
<br />CITY i OT -SANTA A
<br />DAVID CAVAZOS
<br />City Manager
<br />ATTEST:
<br />MARIA D. HUIZAR
<br />67cierk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />APPROVED AS TO FORM:
<br />By:l
<br />JOT- M. FUNK
<br />Assistant City Attorney
<br />Gerardo Monet, Executive Director of Parks, Recreation, and Community Services Agency
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