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Home My WebLink AboutORANGE COUNTY'S UNITED WAYCity of Santa Ana 't Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. 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-2020-012 No. was completed on (List all amendments. Use space below if needed.) Department: Phone/Ext.: Signature: Date: Revised: 10-18-16 and final payment has been made INSURAWE NCIT RE.01)IREE1 WORK DgAY ? iCEPri CLERK OF CGUNC:I! j l?Tr, o.?rkt� SJvi< cvr w<a AJ �.•` A" ' 4 2020 December 19, 2019 Ms. Emilee Tello, Chief Financial Officer Orange County's United Way ("Speaker/Performer") 18012 Mitchell South Irvine, CA 92614 Re: Sneaker/Performer Engagement Agreement N-2020-012 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below (the "Agreement"): I. Event Description. Free Census Information Presentation Sessions designed for parents. Gabriela Balderrama from the Orange County's United Way organization will conduct 10 informational sessions during the term of the contract. Each visit will be provided free of charge to the City of Santa Ana. Each session will be I hour in length. Event dates will be scheduled at least 30 days in advance by the Library Director or his or her designee. 2. Event Date. January 13, 2020 through March 14, 2020. 3. Event Time. To be determined by Library Director or his or her designee. 4. Event Locations. Santa Ana Public Library (Main Library), 26 Civic Center Plaza, Santa Ana and Newhope Public Library, 122 N. Newhope Street, Santa Ana ("Property"). 5. Compensation. None. The event is free of charge to the City of Santa Ana and its residents. 6. Equipment provided by City. The City is responsible for setting up the space for the event and promotion of event. City staff will be present at all times during the information sessions. Equipment provided by Speaker/Performer. All equipment, animals, materials, supplies, and personnel necessary to perform the act shall be provided by the Speaker/Performer. For example: all equipment necessary, including, without limitation, sound technicians, speakers, laptop/music, table, microphone, headphone, and strobe light shall be the responsibility of the Speaker/Performer to provide insofar as they are necessary to perform the sessions. 8. City Contact Person (for coordinating purposes only). Patty Lopez (714) 647-5325. Independent Contractor. Speaker/Performer 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 joint 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 taxes relating to employees and shall be responsible for all applicable withholding taxes. Letter Agreement — Orange County's United Way Page 2 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 fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11. 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. In 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. Fingerprints and Background Check. Provider, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Consultant shall be responsible f'or all charges associated with fingerprinting. Consultant, its employees and subcontractors, shall not perform any services pursuant to this Agreement until clearance is received and Consultant is notified by the City's Parks, Recreation and Community Services Department. 14. Fee Responsibility. Speaker/Performer is solely responsible for payment of applicable royalty fees, performance fees, or similar fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages, including attorney's fees that may arise as a result of violation by Speaker/Performer of copyright laws. 15. Nondiscrimination. Speaker/Perforter 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. 16. Choice of Law and Venue. 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. Letter Agreement - Orange County's United Way Page 3 17. Merger. 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 parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. CITY OF SANTA ANA KRISTINE RIDGE is . City Manager ATTEST: SPEAKER/PERFORMER Orange County's Un. d W aN me: EMILEE TELLO Title: Chief Financial Officer APPROVED AS TO FORM: By: k �. DAISY GOMEZ LAURA A. ROSSINI Clerk of the Council Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: `-4 Library Services Director Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Orange County United Way 18012 Mitchell South Irvine, CA 92614 (949)477-4510 GabriclaB@UnitedWayOC.org EVENT: Presentation of Census information sessions for parents. LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701. Newhope Library, 122 N. Newhope St. Santa Ana, CA 92703. TERM: Monday, January 13, 2020 through Saturday, March 14, 2020. COMPENSATION: None. Free Classes DESCRIPTION: Orange County United Way will be presenting free Census information sessions for parents at the Santa Ana Public Library and Newhope Library. The City will be responsible for setting up the space for the patrons attending and advertising the program. City staff will present at all times during the classes.