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Letter Agreement — Creative Parties for Kids N-2018-067
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<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 maintained
<br />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 presentation to the City community or general public, through webeast or any other means. This
<br />license shall be non-exclusive and the copyright shall remain 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/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be
<br />required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or
<br />damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws.
<br />16. 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 />17. 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 proceeding
<br />that may be brought or arise out of, in connection with or by reason of this Agreement.
<br />18. 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 of
<br />Speaker/Performer.
<br />CITY OF SANTA ANA
<br />RAUL GODINE I
<br />City Manager
<br />ATT>�
<br />7 MARIA D. HUIZAR
<br />Clerk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />Gerardo Monet, Executive Director, PRCSA
<br />SPEAKER/PERFORMER
<br />Name: Lisa Cohen
<br />Title: Owner
<br />APPROVED AS TO FORM:
<br />By: Qt.UA- � , V
<br />LAURA A. ROSSINI
<br />Senior Assistant City Attorney
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