|
Letter Agreement — Mr. Luis Nava
<br />Page 2
<br />fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or
<br />employees.
<br />11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection
<br />with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives
<br />and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature
<br />against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers,
<br />and all persons acting on behalf of, by, through or under each of them, under any present or future laws,
<br />statutes, or regulations for any claim or event relating to the condition of the Property or City -provided
<br />equipment or Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance (CGL): Speaker/Performer shall provide Insurance
<br />Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products
<br />and completed operations, property damage, bodily injury and personal & advertising injury
<br />with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either
<br />the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25
<br />04) or the general aggregate limit shall be twice the required occurrence limit.
<br />13. Worker's Compensation Insurance. 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 accident
<br />for bodily injury or disease.
<br />14. Other Insurance Provisions: for the insurance required in paragraph 12 and 13, such insurance
<br />shall: (1) The City, its officers, officials, employees, and volunteers are to be covered as
<br />additional insureds on the CGL policy with respect to liability arising out of work or operations
<br />performed by or on behalf of the Speaker/Performer including materials, parts, or equipment
<br />furnished in connection with such work or operations. General liability coverage can be
<br />provided in the form of an endorsement to the Speaker/Performer's insurance (at least as broad
<br />as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG
<br />20 37 forms if later revisions used) (2) For any claims related to this contract, the
<br />Speaker/Performer's insurance coverage shall be primary insurance coverage at least as
<br />broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
<br />volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials,
<br />employees, or volunteers shall be excess of the Speal<er/Performer's insurance and shall not
<br />contribute with it; (3) contain standard separation of insured provisions; (4) Each insurance
<br />policy required above shall state that coverage shall not be canceled, except with notice to the
<br />City; (5) Insurance is to be placed with insurers authorized to conduct business in the state
<br />with a current A.M. Best's rating of no less than ANTI, unless otherwise acceptable to the
<br />City; (6) Speaker/Performer shall require and verify that all subcontractors maintain insurance
<br />meeting all the requirements stated herein, and Speaker/ Performer shall ensure that City is an
<br />additional insured on insurance required from subcontractors.
<br />
|