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HomeMy WebLinkAboutSUZANNE LANG AND MAX LANGINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: MAR 0 8 2024 January 27, 2024 Suzanne Lang and Max Lang ("Speakers/Performers") 10960 Longford Street Lake View Terrace, CA 91342 Sussvlani4a gmai 1. com Re: Speaker/Performer Engagement Agreement N-2024-081 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, Speakers/Performers will provide an author and illustrator presentation and book signing at the Library's Dia de los Ninos/Dia de Ins Libros event. 2. Date(s): Saturday April 27, 2024 3. Event Time(s): 10:30 am — 2:00 p.m. 4. Location: Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 5. Compensation: Speakers/Performers are providing this programming free of charge 6. Provided by City: setup of the space for the event, patrons attending, and promoting the event. 7. Provided by Speakers/Performers: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Ella Sepulveda x5265 9. Independent Contractor: Speakers/Performers shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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 Speakers/Performers perform the services that are the subject matter of this Agreement; however, the services to be provided by Speakers/Performers shall be provided in a manner consistent with all applicable standards and regulations. Speakers/Performers 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: Speakers/Performers, their agents, or employees (if applicable) agree 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 Speakers/Performers, their agents, or employees. it. Release: Speakers/Performers accept any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speakers/Performers 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 Speakers/Performers' use thereof. N-2024-081 Speaker Agreement — Suzanne Lang and Max Lang Page 2 12. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speakers/Performers' 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 Speakers/Performers. Copies of Speakers/Performers' presentation may be maintained by the City, and Speakers/Performers consents to use of such recordings. 13. Speakers/Performers are solely responsible for payment of royalty fees, performance fees, or similar fees that may be required by unions or similar organizations. Speakers/Performers shall indemnify the City against any liability or damages, including attorney's fees, that may arise as a result of violation by Speakers/Performers of copyright laws. 14. Speakers/Performers 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 Speakers/Performers 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 Speakers/Performers. CITY OF SANTA ANA �/w � omas R. Hatch Interim City Manager ATTEST: RECOMMENDED FOR APPROVAL Brian Sternberg Library Services rector Library Services SPEAKER/PERFORMER fQ, .� Suzanne ang) b 16,202411:09 PST) Suzanne Lang SPEAKER/PERFORMER Max Lang APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: B on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES AUTHOR and ILLUSTRATOR INFORMATION: Suzanne Lang and Max Lang Suzanne Lang and Max Lang 10960 Longford St Lake View Terrace CA 91342 818-862-0344 sussylang@gmail.com EVENT(S): Dia de los Ninos/Dia de Ins Libros 2024: Author and Illustrator Presentation and Book Signing LOCATIONS: Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 TERM: Saturday, April 27, 2024 COMPENSATION: $0.00 DESCRIPTION: This vendor will provide a presentation and book signing services on Saturday, April 27, 2024 froml0:30 am - 2:00 pm at the Main Library located at 26 Civic Center Plaza, Santa Ana, CA 92701. There is no charge to the City for the services provided by Suzanne Lang and Max Lang. This event is free and open to the public. The City will be responsible for setting up the space for the author and illustrator, patrons attending, and for promoting the event. City will provide a microphone and easel with a large drawing paper or a whiteboard. Vendor will arrive no later than 10:15 am and 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.