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Home My WebLink AboutBENITEZ, TOMAS (2)City of Santa Ana Clerk of the Council COTC Office Use Only --------------------------------------------------------------- AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and ali611 SEP 27 PH 3" 11 amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements CITY OF S ANTA AM k have been satisfied prior to signing the termination form. CLERK OF r(?h'"'( Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30) Call 647-1520 if you have any questions. The agreement with N-2018-086 No. was completed on qi�'`J t 13 and final payment has been made. (List all amendments. Use space below if needed.) Department: CDA' Phone/Ext.: m5i Signature: XA5'XA , o,, _o� mow) Date: g12:911,a Revised. 10-I & 16 WC required if consultant INSURANCE NOT REQUIRED has employees. Q)WORK MV PROCEED (� CLERK = �UJNCII. DATE: Y 2 9 2tl18 A"r April 27, 2018 Tomas Benitez ("Speaker/Performer") 4012 E. Michigan Avenue Los Angeles, CA 90063 Re: Speaker/Performer En agggjg t Agreement Dear Tomas Benitez: N-2018-086 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: Development workshop' focusing on donor cultivation for nonprofit arts organizations, including building relationships with individual donors and foundations. 2. Date(s): May 25, 2018 3. Event Time(s): 10:00 AM —12:00 PM 4. Location: 1801 E. Edinger, Suite 210, Santa Ana, CA 92705 ("Property") 5. Compensation: $600 (payable by check at conclusion of Event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: Projector, screen, laptop, audio speakers 7. Equipment provided by Speaker/Performer: None 8, City Contact Person (for coordinating purposes only): Tram Le 9. Independent Contractor: SpeakerlPerforrner shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joust venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar takes relating to employees and shall be responsible for all applicable withholding taxes. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fes) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. It. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. 12. Worker's Compensation Insurance. ht accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 13, The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speaker/Performer's presentation to the City cormutu ity or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Perfortner's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 14. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 15. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the state of California. Both parties agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the patties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. Please execute this letter to reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA I I RATM GODINEZ I City Manager ATTEST: MARIA D. IIUIZAR P g' Clerk of the Council RECOMMEN ED FOR APPROVAL STEVEN MENDOZA Executive Director, Community Development Agency N-2018-086 SPEAKER/PERFORMER J4%*r,4� T OMAS BE RY TO FORM;