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HomeMy WebLinkAboutOCHOA GARCIA, MIGUEL ALBERTON-2024-055 INSURANCE NOT REQUIRE) WORK MAY PROCEED CITY CLERK DATE: FEB 2 0 29A February 5, 2024 Miguel Alberto Ochoa Garcia ("Speaker/Performer") 619-602-7891 mi guel. aberto.ochoa(i4gmai1. 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, Speaker/Performer will provide a series of three (3) free workshops for the community on how to write a memoir. 2. Date(s): Thursday February 15,2024 Thursday February 29, 2024 Thursday March 7, 2024 3. Event Time(s): 6:00 p.m. — 7:30 p.m. on all dates 4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") 5. Compensation: Total sum to be expended under this Agreement shall not exceed Three Hundred Dollars and Zero cents ($300). 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/Performer'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. Provided by City: microphone, space for the event, and staff to assist with setup. 7. 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. N-2024-055 Speaker Agreement — Miguel Alberto Ochoa Garcia Page 2 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 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. IS. 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. ;C1SANTA Thomas HaInterim City Manager s RE, COMMENDED FOR APPROVAL Brian Ster erg Library Servic ector Library Services SPEA1 R/PERFORMER WeAZ�4 Miguel Alberto Ochoa Garcia APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: BhirdonSalvWerra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Miguel Alberto Ochoa Garcia Address: 570 Le May St. Phone Number: 619-602-7891 Email Address: miguel.alberto.ochoa@gmail.com EVENT: Tiempo De Crear: Biographical Memoir Workshops/Taller Autobiogra6co LOCATION: Main Library, 26 Civic Center Plaza, Santa Ana, 92701 TERM: Program Term (February 15, February 29 and March 7, 2024) COMPENSATION: TOTAL $300.00 Audience: Adults Lead: Olga Morphew Description: Miguel Alberto Ochoa Garcia will provide a series of 3 free workshops for the community on how to write a memoir. The workshops will be conducted in person. Workshops will be held during the program term from February 15, February 29 and March 7, 2024 at the Main Library located at 26 Civic Center Plaza, Santa Ana, CA 92701. This event is free and open to the public. The City will be responsible for setting up the space for the writer, patrons attending, and for promoting the event. City will provide a microphone. Vendor will arrive no later than 15 minutes prior to agreed workshop times. The City will be responsible for providing the needed materials and personnel necessary to perform the service. City staff will be present at all times during the program.