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Home My WebLink AboutZIRKELBACH, SAEKO KUJIRAOKACity of Santa Ana Q;06e-:-'7 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 ?- i �' V &� I Ck No. . N-2023-008 was completed on (List all amendments. Use apace below if needed.) AagreementsVormsVorm - agreement termination form—goldenrod.doc COTC office Use oniy c 2-c)-2-3 City of Santa Aria i 1ltl 13 and final payment has been made. 1/1 Department: L01� (19 Phone/Ext.: 52 0 Signature: Date: r -'`D „,,INSURANCE NOT REQUIRED N IM WORK MAY PROCEED N-2023-008 CLERK OF THE COUNCIL 27 —DATE: U rtcgLO)(ELLaS)CAV) ,20� (Month) (Day) (Year) Saeko Kujiraoka Zirkelbach ("Speaker/Performer”) 2735 Piedmont Ave, Unit 8 Montrose, CA 91020 Saekokz i0otmail.com Re: Speaker/Performer Engagement Agreement kv 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: As further described in Exhibit A, attached hereto, in celebration of the Lunar New Year of 2023, Saeko Kujiraoka Zirkelbach will perform the Koto, a traditional Japanese musical instrument along with a special dance presentation. 2. Date(s): Saturday, January 28, 2023. 3. Event Time(s): 2:00 p.m. — 4:00 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $700.00 (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: microphone, projector, event space, tables and chairs. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Castro x5269 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 j oint 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 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 N-2023-008 Speaker Agreement — Saeko Kujiraoka Zirkelbach Page 2 of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the City -provided equipment or Speaker/Performer'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 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: Norma Orozco U Acting Clerk of the Council FOR APPROVAL Brian S ernberg Library Services Direct Library Services SPEAKER/PERFORMER "7 Saeko Zirkel ch(Jan 7, 202317:37 GMT+9) Saeko Kujiraoka Zirkelbach Musical Performer APPROVED AS TO FORM: By andon Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Saeko Kujiraoka Zirkelbach tt0m] jVx:T- Address: _2735 Piedmont Ave., Unit8, Montrose, CA 91020 Phone Number: 818-400-2225 Email Address: saekokz@j2otinail.com EVENT: Lunar New Year Celebration LOCATION: Santa Ana Public Library, Main Branch, 26 Civic Center Plaza, Santa Ana, CA 92701 DATE: January 28, 2023 TIME: 2-4 p.m. COMPENSATION: $ 700.00 DESCRIPTION: In celebrating the Lunar New Year of 2023, the Santa Ana Public Library presents a special program with Saeko Kujiraoka. Saeko will perform the Koto, a traditional Japanese music instrument. Saeko Kujiraoka began studying the Ikuta technique of Koto playing in Tokyo, Japan. Saeko Kujiraoka received an advanced degree in Koto, Sangen, and classical singing from the Michio Miyagi School of Koto in Japan. She is the founder of "Koto Eda Group". She teaches private Koto lessons in the Los Angeles area and performs at the colleges, museums and various receptions. She is proactively involved in various collaborations. Saeko will perform the Koto along with a special dance presentation. Come and celebrate with us and usher in the Year of the Rabbit.