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HomeMy WebLinkAboutHERNANDEZ, GUSTAVO- City of Santa Ana City Clerk t 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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, s the agreement(s) a permanent record? Yes No Return form to the City Clerk's Office (M-30). Call 647-6520 if you have any questions. The agreement with N-2023-072 No. was completed on (List all amendments. Use space below if needed.) L agreementslformsVorm - agreement termination forrn_golden rod.doc COTC Office use onto City off Santa AIM JAN 11 2024 City Clerk's Office and final payment has been made. Department: Phone/Ext.: V Signature. - Date: INSURANCE NOT REQUIRED N-2023-072 WORK MAY PROCEED CLERK OF THE COUNCIL DATE: A P RR 0 6 2023 is ''r ' J , 2023 (Month) (Day 7 L;6oag(Irm (stavo ernnndez ("Speaker/Performer") 509 S. Wood Street Santa Ana, CA 92703 Re: Speaker/Performer Engagement Aareement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: I. Event Description: As further described in Exhibit A, attached hereto, author Gustavo Hernandez will provide a presentation and reading of his book, Flower Grand First. A Q&A and book signing will commence once the presentation concludes. The live, in -person event will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana Public Library. 2. Date(s): Saturday, April 15, 2023. 3. Event Time(s): 1:00 p.m. — 2:30 p.m. 4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $400.00 (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, tables and chairs. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria 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. to. 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. it. 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-2023-072 Speaker Agreement — Gustavo Hernandez 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, which 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 Stine 'dge City Manager ATTEST: Jerelf;oL.11 Jerk RECOMMENDED FOR APPROVAL A-1- J O� Brian Sternberg Library Services Director Library Services SPEAKER/PERFORMER G. Gustavo He mdez (Apr 3, 2D2315:D3 VDT) Gustavo Hernandez Author APPROVED AS TO FORM: By: Bran on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Gustavo Hernandez Address: 509 S. Wood St. Santa Ana, CA 92703 Phone Number: 714 943-9547 Email Address: goldenarmorl7@gmail.com EVENT: Author Presentation and Reading/Q&A Session & Book Signing for Gustavo Hernandez LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event: Saturday, April 15, 2023 COMPENSATION: $ 400.00 DESCRIPTION: Author, Gustavo Hernandez will provide a presentation and reading of his book, Flower Grand First. He will do a Q & A and a book signing once the presentation concludes. The presentation will be conducted in person. It will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana Public Library as part of the Author Hour Series. The presentation is free and everyone can attend. It will take place one time on Saturday, April 15, 2023 from 1:00-2:30 p.m. at the Santa Ana Public Library. Gustavo Hernandez will be compensated $400.00 for his presentation.