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HomeMy WebLinkAboutRIOS, NINETTEINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: SEP 2 4 202� 1�y1�► pnsia [ �i September 19, 2024 Ninette Rios ("Speaker/Performer") Ninetterios2l a,gmail.com Re: Speaker/Performer Engagement A eement N-2024-323 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: As further described in Exhibit A, attached hereto, Ninette Rios will moderate a presentation and reading of author Andrea Gonzalez's book, Latinos de Exito. A Q&A and book signing will commence once the presentation concludes. The live, in -person event will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana Public Library. Date(s): Saturday, September 28, 2024. Event Time(s): 2:00 p.m. — 6:00 p.m. 4. Location ("Property"): Newhope Library, 122 N. Newhope St., Santa Ana, CA 92704 5. Compensation: An amount not to exceed $300 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 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): Dylan Dario ext. 5118 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, andhold 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. Speaker Agreement — Ninette Rios 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. 11 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, which 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. LS, 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 0_,JAlvaro Nunez City Manager ATTEST: infer L Hall - C' RECOMMENDED FOR APPROVAL Brian Sternberg Library Services Director Library Services SPEAKERIPERFORMER 20, 2024 0 7:5 9 PDT) Ninette Rios Moderator APPROVED AS TO FORM: By: Br on Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Ninette Rios Address: NA Phone Number: NA Email Address: ninetterios2l(c-)gmail.com EVENT: Author Presentation and Reading/Q&A Session & Book Signing for Andrea Gonzalez LOCATION: Newhope Library 122, N. Newhope Santa Ana, Ca. 92704 TERM: One-time event: Saturday, September 28, 2024 COMPENSATION: $ 300.00 DESCRIPTION: In honor of Hispanic Heritage Month Ninette Rios will moderate an Author, Hour program that will feature author Andrea Gonzalez. She will handle the Q&A portion of the presentation. The presentation will be conducted in person. It will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Newhope 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, September 28, 2024 from 2:00-6 p.m. at the Newhope Public Library. She will be compensated $300.00 for her presentation. Speaker -Performer Agreement—Ninette Rios (Moderator) UNSIGNED Final Audit Report 2024-09-20 Created: 2024-09-19 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAdRrrpjOBMmeVGYNOgDM2Gc9nH5cCDEQx "Speaker -Performer Agreement—Ninette Rios (Moderator) UNSI GNED" History LT) Document created by Dylan Dario (ddario@santa-ana.org) 2024-09-19 - 4:28:48 PM GMT C'+ Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-09-19 - 4:28:53 PM GMT "` Email 'viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-09-19 - 4:30:07 PM GMT 6Q Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-09-19 - 4:30:50 PM GMT - Time Source: server E7M Document emailed to Ninette Rios (ninetterios2l @gmail.com) for signature 2024-09-19 - 4:30:52 PM GMT L Email Viewed by Ninette Rios (ninetterios2l@gmail.com) 2024-09-19 - 4:39:55 PM GMT do Document e-signed by Ninette Rios (ninetterios2l @gmail.com) Signature Date: 2024-09-20 - 2:59:37 PM GMT - Time Source: server 19 Agreement completed. 2024-09-20 - 2:59:37 PM GMT 0 Adobe Acrobat Sign From: Kaushal, Aarti To: Lopez. Patricia Cc: Dario, Dylan Subject: RF: Insurance Request: Ninette Rios Date: Friday, September 6, 2024 2:05:32 PM Attachments: imaae001-onn imaae005.ina imaae006JDa imaae003.ona imaoe007.ona Hi Patty, No worries. No insurance will be required from event moderator. Thank you, Aarti Aarti Kaushal I Risk Manager City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: (714) 647-5472 Cell: (714) 604-6090 Email: akaushal@santa-ana.org santa-ana.org I Link In I Instagram. City Hall is closed every other Friday. Click here for dates From: Lopez, Patricia <PLopez @santa-ana.org> Sent: Thursday, September 5, 2024 3:23 PM To: Kaushal, Aarti <akaushal@santa-ana.org> Cc: Dario, Dylan <ddario@santa-ana.org> Subject: FW: Insurance Request: Ninette Rios Importance: High Hi Aarti, Completely forgot to make the request for the moderator who will be moderating the author hour event on September 28th. See attached. Hi Patty, No insurance is required from the presenter. Thank you, Aarti Aarti Kaushal I Risk Manager City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: (714) 647-5472 Cell: (714) 604-6090 Email: akaushale—santa-ana.org santa-ana.ora I Linkedln I Instagram Submission Directions: 1. Subject line must be edited: Insurance Request: Contractorlinsured Name 2. Complete email template and attach the following documents: a. Draft agreement b. Scope of services c. PO, RFP, and any other documents which describe services to be provided 3. Send to Risk Management Division at RMDasanta-ana.org 4. RMD will respond within 7-business days Department: Library Department Contact/ Patty Lopez Project Manager Name: Direct Phone Number: 714 647-5325 Contractor/Vendor Name: Ninette Rios Brief description of In honor of Hispanic Heritage Month Author, Ninette Rios services: will moderate the author hour presentation and reading of the book Latinos de Exito, presented by Andrea Gonzalez. Patty Lopez Principal Librarian, Adult Services Santa Ana Public Library 26 Civic Center Plaza I Santa Ana, CA 92701 (P) 714-647-5325 f I ta-ana.or hffps://www.sonfQ::.ao-o-.QM/library logo2 logol U