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HomeMy WebLinkAboutHUYNH, CAROLYNINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: DEC 14 ZR3 0. L-D U,) November 30, 2023 Carolyn Huyuh ("Speaker/Performer") ckhuvnh(&,pmaiLcom Re: Speaker/Performer Engagement Agreement N-2023-342 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 Carolyn Huynb will provide a presentation and reading of her book, The Fortunes ofJaded Women. She will conduct a book signing once the presentation concludes. The live, in -person event will be hosted by Patty Lopez, Principal Librarian. 2. Date(s): Saturday, February 3, 2024. 3. Event Time(s): 2:00 p.m. — 6:00 p.m. 4. Location: Centennial Park, 3000 W. Edinger Ave., Santa Ana, CA 92704 ("Property") 5. Compensation: Total sum to be expended under this Agreement shall not exceed Four Hundred Dollars and Zero cents ($400). Payment by City shall be made within forty-five (45) days of the completion of the event, subject to City accounting procedures. City and Speaker/Performer agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Speaker/Performer agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Speaker/Perfortner's account(s) with financial institutions. Payment need not be made for work that fails to meet the standards of performance that may reasonably be expected by City. 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 mariner 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. N-2023-342 Speaker Agreement — Carolyn Huyuh Page 2 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 fiature 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 - zm �- ;& Zrlromas R. Hatch I" Interim City Manager FOR APPROVAL Brian S Library Library SPEAKER/PERFORMER `?_� rl�a Carolyn Huynh Author APPROVED AS TO FORM: By:;�3��� V do— rn n Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VE NDOR INFORMATION: Name: Carolyn Huynh Address: NA Phone Number: NA Email Address: ckhuynb20@gmail.com EVENT: Author Presentation and Reading/Q&A Session & Book Signing for Carolyn Huynh LOCATION: Centennial Park, 3000 W. Edinger Ave, Santa Ana, CA 92704 TERM: One-time event: Saturday, February 3, 2024 COMPENSATION: $ 400.00 DESCRIPTION: Author, Carolyn Huynh will provide a presentation and reading of her book, The Fortunes of Jaded Women. She 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, February 3, 2024 from 2:00-6 p.m. at Centennial Park. She will be compensated $400.00 for her presentation.