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HomeMy WebLinkAboutLARA, YURICity of Santa Ana -All 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 prier 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 I tJY� N-2022-008 � No. was completed on j — (List all amendments. Use space below if needed.) y iA@greementstformslform - agreement termination formTgoldenrod,doc Department: COTC Office Use Onl V - D7_ Z' r U` RK s ,"` 233 and final payment has been made. Phone/Ext.: Signature:' Date:,J 4 INSURANC€ Not ReQUIR€D WORK MAY PROCEED CLERK OF COUNCIL DATE. JAN 14 2022 0'. L'k"7 (Metr; ei GeteQ (SA) 1 December , 2021 Yuri Lara ("Speaker/Performer") 1729 W. Richland Ave. Santa Ana, CA 92703 Re: Sveaker/Performer Engagement Agreement N-2022-008 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: Yuri Lara will act as the moderator for the conversation, presentation and reading of the Sarah Rafael Garcia's books, with a Q&A session once the presentation concludes, as detailed in Exhibit A. The presentation will be conducted live and co -hosted by Santa Ana Public Library Librarian, Patty Lopez. 2. Date(s): Saturday, January 22, 2022 3. Event Time(s): 1:00 — 2:30 p.m. 4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") 5. Compensation: $250.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: Table, microphone, computer, projector, and staff to assist with setup. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Patty Lopez 9. 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. 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. Letter Agreement — Yuri Lara Page 2 12. 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 community 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/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 13. Speaker/Performer is solely responsible for payment of 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. 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 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 SPEAKER/PERFORMER KRISTINE RIDGE City Manager 14 10 L VVIvlo6 Cleric of the Council FOR APPRO VAL Brian Sternbe Director, Libr Services mnn ., '. 7 m7u ,a Psri Yuri Lara APPROVED AS TO FORM: By: B&ffon Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Yuri Lara Address: 1729 W. Richland Ave. Santa Ana, Ca. 927,03 Phone Number: (714) 837-0347 Email Address: Laral l9 ,maiLchaoma &du EVENT: Moderator for Presentation and Book Reading/Q&A Session for Author Sarah Rafael LOCATION: Santa Ana Public Library, 26 Civic Circle Plaza, Santa Ana, CA 92701 TERM: One-time event: January 22, 2022 COMPENSATION: $250.00 DESCRIPTION: Yuri Lara will moderate a conversation with Author Sarah Rafael Garcia. Author Sarah Rafael Garcia will do a book presentation of her books. The conversation with Yuri and Sarah will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana Public Library. The presentation is for adults and will take place one time on Saturday, January 22, 2022 from 1:00-2:30 p.m. at the Santa Ana Public Library. The presentation is free for all attendees. Yuri Lara will be compensated $250.00 for her presentation.