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Home My WebLink AboutCUERO, PAULCity of Santa Ana 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Dote: 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 C U-tY-0 "aV No.f� was completed on i l -Lf (List all amendments. Use space below if needed.) Department: Phone/Ext.: Signature: COTC Office Use_On[vr C l,2- C+t of Santa A JAN I 1 ZOU City Ciark's Office and final payment has been made. Date: -1 L�1'1/2=11 i lagreementsbrmsbrm - agreement termination form_goldenrod.doc INSURANCE NOT REQUIREO WORK MAY PROCEED CLERK OF COUNCIL DATE: I' lp t October, 2022 � Paul Cuero ("Speaker/Performer") eU a Re: Speaker/Performer Engagement Agreement N-2022-330 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: As further described in Exhibit A, Paul Cuero will perform traditional native music and dance. Date(s): Saturday, November 5, 2022 3. Event Time(s): 1:00 — 3:30pm 4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 9270 ("Property") 5. Compensation: Six Hundred Dollars and Zero Cents ($600.00) (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, including but not limited to the photo display. 8. City Contact Person (for coordinating purposes only): Cheryl Eberly 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. H. 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. N-2022-330 Speaker Agreement — Paul Cuero 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 Kristine Ridge City Manager ATTEST: A �• klerk of the Council z RECOMM ED FOR APPROVAL Brian Sternberg Library Services Directq, Library Services u&"t 2.5, 202218:05 PDT) Paul Cuero Speaker/Performer APPROVED AS TO FORM: By. Bran on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: 1. Nicole Merton 330 E. Leatrice Ln #G, Anaheim, CA 92802 (714)929-9124 nicolemerton@_gma.ii.com 2. Naomi Knox 1231 E. Crestbrook PI., Anaheim, CA 92805 (714)745-7346 Cnkx123@gmail.com 3. Alyussum Diaz 762 Estancia, Irvine, CA 92620 (619)247-2171 alyussum@gmail.com 4. Emilio Ramos E ramos87@yahoo.com 5. Paul Cuero -Bird Singing+ Dancing (Pending Confirmation) paulcuero@yahoo.com EVENT: Nicole Merton Photography Exhibit Opening & Special Presentations by Indigenous Community Members for Native American Heritage Month LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM 1. MMIW Photo Exhibit3 Monday, October 31, 2022 — Friday, March 31, 2023 2. Native American Special Presentations—> Saturday, November 5, 2022 COMPENSATION: For Photo Exhibit and Presentations (Total of $2,500.00) Speaker/ Performer Presentation Description Honorarium Nicole Merton MMIP Photography Display + $1000 Photography Project Presentation Naomi Knox Present on Indigenous Women Rising as a resource in $300 Indigenous Women the indigenous community - nonprofit organization Rising that focuses on helping families and victims of the MMIP movement Alyussum Diaz Present on Native Sisters Rising as a resource in the $300 Native Sisters Rising indigenous community - a group of indigenous women who have a support group to talk about issues facing the indigenous community Emilio Ramos Two spirit who is very involved with the indigenous $300 community and volunteers to spread awareness of the issues at hand that occur within the community Paul Cuero Cultural presentation of traditional native music and $600 Bird Singing + Dancing dance OVERALL DESCRIPTION: This free Community Outreach event will highlight the voices and experiences of Native American community members through a variety of special presentations at the Main Library which will include: a photo exhibit, cultural demonstrations, educational speakers, and presentations on resources available for Native American communities. MMIW Photo Exhibit = Monday, October 31, 2022 — Friday, March 31st, 2023 November is Native American Heritage month and the Santa Ana History Room is kicking it off by hosting the second round of photography exhibits by indigenous photographer Nicole Merton. Nicole Merton is a descendant of the Isleta Pueblo Indian Tribe and has created a photo exhibit documenting the effects of the Missing and Murdered Indigenous People (MMIP) movement on Native American communities. This event will markthe opening of Nicole's exhibit, which will be housed on the second floor of the main library. Merton will provide a special presentation about her knowledge and experiences within the movement. Additionally, she will demonstrate her methods in creating a meaningful photographing experience for her participants in the Here, Our Voices collection. The library will be producing the display versions from her digital versions that she will share with us. This is the Artist statement: https://www.nicolemerton.com/ This is the project website with the images that we will be displaying at the library: https://mmiwpro*ect.wixsite.com/mv--site Native American Special Presentations = Saturday November 5, 2022 In order to highlight the voices and experiences of other Native American community members, there will also be a variety of special presentations which will include: cultural demonstrations, educational speakers, and presentations on resources available for Native American communities. This event is curated for a Teen and Adult audience. Prepackaged refreshments will be provided. The event will not be live -broadcasted but it will be recorded and edited for our records, and potential release.