HomeMy WebLinkAboutMARTINEZ, DONATO (2)INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: MAR 2 7 2D24
March 19, 2024
Donato Martinez ("Speaker/Performer")
Martinez—Donato@sac.edu
Re: Speaker/Performer Engagement Agreement
N-2024-120
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 memoir -writing
workshops.
2. Date(s): April 3'a, 101', 17", and 24", 2024
3. Event Time(s): 6:00 — 7:30 p.m.
4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property")
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. Provided by City: Table, microphone, computer, projector, and staff to assist with set up.
7. Provided by Speaker/Performer: all other equipment 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 the Property and 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 Property or City -provided equipment or Speaker/Performer's use thereof.
Letter Agreement — Donato Martinez
Page 2
N-2024-120
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
omas R. 4ido f4
Interim City Manager
ATTEST:
RECOMMENDED FOR APPROVAL:
�W_A_
=_71T ,,
Brian Sternberg,
Executive Director,
Library Services Department
SPEAKER/PERFORMER
Donato Martinez
APPROVED AS TO FORM:
By:
Braon Salvatierra
Deputy City Attorney
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION:
Name: Donato Martinez
Email Address: Martinez Donato ccbsac.edu
EVENT: Memoir Writing Workshops
LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701
TERM: April Yd, April 10th, April 17a', April 24, 2024
COMPENSATION: $ 400
DESCRIPTION. During Poetry Month, our library will invite the community to join our special
Memoir & Poetry Fusion writing class, a unique and inspiring opportunity to explore memories
through the lens of poetic expression. This program blends the beauty of poetry with the depth of
memoir writing, providing a platform for people to tell their life's story in verse. Donato Martinez
will be conducting a series of memoir -writing workshops. The presentation will be conducted in
person. It will be hosted by Brissa Lopez, a Librarian in Adult Services at the Santa Ana Public
Library. Brissa will be present for the entire series. The workshops will be free and everyone can
attend. Donato Martinez will be compensated $400.00 for his participation.
Donato Martinez —Speaker -Performer
Agreement (April 2024)_FINAL_3.19.24_update
d dates
Final Audit Report 2024-03-20
Created:
2024-03-19
By:
Ella Sepulveda (msepulveda@santa-ana.org)
Status:
Signed
Transaction ID:
CBJCHBCAABAAV21htoNOAZ1Qe-WQIdSJAcRorHY8JY6R
"Donato Martinez _Spea ker-Performer Agreement (April 2024)_F
INAL_3.19.24_updated dates" History
Document created by Ella Sepulveda (msepulveda@santa-ana.org)
2024-03-19 - 10:28:32 PM GMT
cti Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature
2024-03-19 - 10:28:37 PM GMT
c+ Document emailed to Donato Martinez (martinez_donato@sac.edu) for signature
2024-03-19-10:28:37 PM GMT
Email viewed by Brian Sternberg (bsternberg@santa-ana.org)
2024-03-19 - 11:31:31 PM GMT
&0 Document e-signed by Brian Sternberg (bsternberg@santa-ana.org)
Signature Date: 2024-03-19 - 11:31:55 PM GMT -Time Source: server
Email viewed by Donato Martinez (martinez_donato@sac.edu)
2024-03-20 - 1:53:52 AM GMT
by Document e-signed by Donato Martinez (martinez_donato@sac.edu)
Signature Date: 2024-03-20 - 1:54:25 AM GMT - Time Source: server
Agreement completed.
2024-03-20 - 1:54:25 AM GMT
Q Adobe Acrobat Sign