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HomeMy WebLinkAboutCAMPOS, FLOR (2)-� City of Santa Ana "� �►* Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and rill amendments (if any) are no longer in effect.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 (Nt-30). Call 647-1.520 if you have any questions. The agreement with CQTC office Use only C2_02,3 caty of Santa Ana i JAN I 120 City Clerk's Office No. N-2023-056 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.: lLg Signature: Date: 227 hagreemenWformsVorm - agreement termination form _goldenrod,doc INSURANCE NOT REQUIRED 'M (V N WORK MAY PROCEED N-2023-056 =r CLERK OF THE COUNCIL ct= SATE Ma ch 7, 2023 Flor Campos (Speaker/Performer) 256 S. Flower Street, #E Orange, CA 92868 Sioandpainto ueenAgmail.com Re: Sneaker/Performer Engagement 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: As further described in Exhibit A, Flor Campos will provide two (2) step by step instructional painting workshop for adults, including all workshop materials. The workshop will be conducted in person and is free for everyone. It will be hosted by Olga Morphew, Senior Librarian in Adult Services at the Santa Ana Public Library. 2. Date(s): Tuesday, March 14, 2023 Thursday, March 16, 2023 3. Event Time(s): Tuesday, March 14, 2023: 3:00 — 4:30 p.m. Thursday, March 16, 2023: 6:00 — 7:30 p.m. 4. Location: Tuesday, March 14, 2023: Newhope Public Library, 122 Newhope St. Santa Ana, CA 92703 Thursday, March 16, 2023: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: An amount not to exceed Six Hundred Dollars and Zero Cents ($600.00) under this Agreement (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: Speaker/Performer will provide all workshop materials. 7. Equipment provided by Speaker/Performer: All equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Ella Sepulveda x5265 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 N_2023-056 Speaker Agreement — Flor Campos Page 2 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 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 SPEAKER/PERFORMER 74y-R C6Il` O( f Nor M. Campos (Mars, 212312:56 PST) Yidtine Ridge Flor Campos City Manager Artist APPROVED AS TO FORM: SONIA R. CARVALHO ATTEST: City Attorney ennifer Hall 19 a don Salvatierra Deputy City Attorney [signatures continued on nextpage] Speaker Agreement — Flor Campos Page 3 RECOMME ED FOR APPROVAL _ �-2s Brian Sternberg Library Services Director Library Services Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Flor Campos Address: 256 S. Flower St. # B Orange, Ca. 92868 Phone Number: 714 809-4893 Email Address: sipandpaintqueenggmail.com EVENT: Painting Workshops LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 Newhope Public Library, 122 Newhope St. Santa Ana, CA 92703 TERM: Tuesday, March 14, 2023 3-4:30 pm Thursday, March 16, 2023 6-7:30 pm COMPENSATION: DESCRIPTION: Flor Campos will be providing two step by step instructional painting workshops for adults. The presentations will be conducted in person and are free for everyone. They will be hosted by Olga Morphew, Sr. Librarian in Adult Services at the Santa Ana Public Library. The presentation will take place once at each library location on Tuesday, March 14, from 3 p.m.-4:30 p.m. at the Newhope Public Library and on Thursday, March 16 at the Main Public Library. The presentation is free for all adults. Flor Campos will be compensated $600.00 for her workshop.