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Home My WebLink AboutFLORES, ALEJANDROCity of Santa Ana City Clerk AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Mote: 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 City Clerk's Office (M-30). Call 647-6520 if you have any questions. The agreement with Flores k e,\ 0, V-1 A,-f 0 Ili-2a23-14i No. was completed on (List all amendments. use space below if needed.) jAegreementslforms'dorm - agreement termination form_goldenrod.doc COTC Office Use Qnl L- U12-E City of Santa Are, City Cleric's Office and final payment has been made. F Department: Phone/Ext.: Signature: Date: , INSURANCE NOT REQUIRED N-2023-141 WORK MAY PROCEED CITY CLERK DATE: 6'-liVnI(0)(AV)(Etta3 June 6, 2023 Alejandro Flores ("Speaker/Performer") ' Aflo878@pmail.com m a Re: Speaker/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, Santa Ana Community resident, Alejandro Flores will provide a speaking presentation about his life experiences resulting in his creative career. He will also conduct a Q&A session following the conclusion of the presentation. This event will be hosted by Jessica Flores. 2. Date(s): Tuesday June 27, 2023 3. Event Time(s): 4:00 p.m. — 5:30 p.m. 4. Location: Garfield Community Center, 501 N Lacy St., Santa Ana, CA 92701 5. Compensation: Speaker/Performer is providing this programming free of charge 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. 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 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. N-2023-141 Speaker Agreement — Alejandro Flores 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 SANTZ _� (� Kristine Ridge City Manager ATTEST: ennifer 1 Jerk RECOMME ED FOR APPROVAL Brian Sternberg Library Services Director Library Services SPEAKER/PERFORMER ak Alejand lures (Jun 6, 202316:26 POT) Alejandro Flores APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Naive: Alejandro Flores Address: 1201 N. Gates St. Santa Ana, CA 92703 Phone Number: (949)735-7802 Email Address: Aflo878@gmail.com EVENT: Be A Boss: Teen Startups Program LOCATION: Garfield Community Center, 501 N. Lacy St. Santa Ana, CA 92701 TERM: One-time event: Tuesday, June 27, 2023 COMPENSATION: $ 0.00 DESCRIPTION: Small business owner, Alejandro Flores, will provide a presentation to inspire participants to consider creative careers. Alejandro turned his creative hobby into a small business and will share how he started by making stickers and has since expanded into hats, shirts, sweatshirts and other apparel. Alejandro will share how he left his corporate career to take care of his son with Autism and started this business as a side hustle. He'll also discuss how his Mexican - American identity has inspired his art and created a fusion of Latin and American pop -culture. The presentation will be conducted in person. It will be hosted by Jessica Flores, Technology & Support Services/TeenTime Librarian at Garfield Community Center. The presentation is free and open to teens (6a'-12 h grade). It will take place one time on Tuesday, June 27, 2023 from 4:00- 5:30 p.m. at the Garfield Community Center. Alejandro Flores will not be compensated for his presentation.