HomeMy WebLinkAboutLIBROMOBILEINSURANCE NOT REQUIRED
N-2022-241
WORK MAY PROCEED
CLERK OF THE COUNCIL
DATE:
of FROSA (W►lHQMG./Em�F) (DZ) I
August 25, 2022
LibroMobile
C/O Sarah Rafael Garcia
r
6132 Darlington Ave
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Buena Park, CA 90621
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Email:libromobite@gmail.com
CC
Re: Education Exhibitor Agreement
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: Chicano Heritage Festival. Details of Education Exhibitor as detailed in Exhibit A.
2. Date(s): Sunday, August 28, 2022.
3. Event Time(s): 12:00 p.m. to 8:00 p.m.
4. Location ("Property"): El Salvador Park located at 1825 West Civic Center Drive Santa Ana, CA 92703
5. Compensation: $1,500.00 (payable by check day of event); Contractor must provide IRS form W-9 before
payment can be made
6. Provided by City: space for the patrons attending, and staff to assist with setup.
7. Provided by Exhibitor: All items and materials necessary.
8. City Contact Person (for coordinating purposes only): William Sandoval
9. Independent Contractor: Exhibitor 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 Exhibitor performs the services that are the
subject matter of this Agreement; however, the services to be provided by Exhibitor shall be provided in a
manner consistent with all applicable standards and regulations. Exhibitor 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: Exhibitor, 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 Exhibitor, his or her agents, or employees.
Letter Agreement — LibroMobile
Page 2
11. Release: Exhibitor accepts the Property and any City -provided equipment used in connection with the
performance in their "as -is" condition, with all faults. Exhibitor 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 Exhibitor's use thereof.
12. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of
Exhibitor'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 Exhibitor. Copies of Exhibitor's
presentation may be maintained by the City, and Exhibitor consents to use of such recordings.
13. Exhibitor is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required
by unions or similar organizations. Exhibitor shall indemnify the City against any liability or damages,
including attorney's fees, that may arise as a result of violation by Exhibitor of copyright laws.
14. Exhibitor 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 Exhibitor 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 Exhibitor.
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
ATTEST:
fWClerk of the Council
U-I
Exefadv-e Director of Parks, Recreation
& Community Services
V'II' I1
Fula I Garcia
APPROVED AS TO FORM_
graffBy:
on Salvatierra
Deputy City Attorney
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION:
LibroMobile
C/O Sarah Rafael Garcia
6132 Darlington Ave
Buena Park, CA 90621
Email: libromobile@gmail.com
EVENT: Chicano Heritage Festival
LOCATIONS: El Salvador Park located at 1825 West Civic Center Drive Santa Ana, CA
92703
TERM: August 28, 2022
COMPENSATION: Not to exceed $1,500.00
DESCRIPTION: Chicano Heritage Festival event honorariums for literary arts participants
Isabel Quintero and 5 local authors.
Isabel Quintero - $1000
5 local authors - $100 each
TOTAL AMOUNT: $1,500.00