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Home My WebLink AboutCOOK, LIRVANEETHZA INSURANCE NOT REQUIRED N-2024-343 WORK MAY PROCEED OF SAN . CITY CLERK . �.; • DATE: OCT 1 0 2024 ,r =� • ;FOB October 2, 2024 � LDlbl Omi'L4irvaneethza Cook("Speaker/Performer") 1220 E. Orangethorpe Fullerton,CA 92831 Re: Speaker/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,attached hereto, Speaker/Performer will provide a pumpkin decoration workshop. 2. Date(s): Saturday, October 12,2024 3. Event Time(s): 2:00—3:30 p.m. 4. Location("Property"):Newhope Library 122,N.Newhope St., Santa Ana,CA 92704 5. Compensation: $375 (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: microphone,projector,tables and chairs. 7. Provided by Speaker/Performer: Pumpkins and 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 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 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—Lirvaneethza Cook 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. 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,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. 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 SPEAKER/PERFORMER Lirvaneethza Cook(Oct 7,2024 11:06 PDT) lvaro Nunez Lirvaneethza Cook City Manager ATTEST: g APPROVED AS TO FORM: BY S Bra on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg Library Services Director Library Services EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Lirvaneethza Cook dba Indigo Cook Crafts Address: 1220 E. Orangethorpe Fullerton, CA. 92831 Phone Number: 714.679.2182 Email Address: lircook@yahoo.com EVENT: Tiempo de C.R.E.A.R: Dando la bienvenida al otono con arte con nuestra invitada especial: Lir Cook LOCATION:Newhope Library 122,N.Newhope Santa Ana, Ca. 92704 TERM: One-time event: Saturday, October 12th @ 2PM COMPENSATION: $375.00 • DESCRIPTION: The Newhope Library will be welcoming Fall with art featuring special guest: Lir Cook. She will be bringing in 25 pumpkins for library patrons to paint and decorate. The presentation will be conducted in person. It will be co-hosted by Olga Morphew, Senior Librarian for the Adult Services at the Newhope Public Library as part of the Tiempo de C.R.E.A.R series. The presentation is free and anyone can attend. It will take place one time on Saturday, September 12, 2024 from 2-3:30 p.m. at the Newhope Public Library. She will be compensated$375.00 for her presentation. Speaker-Performer Agreement_Lirvaneethza Cook (Pumpkin Decorating)_FINAL 10.2.24 Final Audit Report 2024-10-07 Created: 2024-10-02 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAARrclgz7zgYEJZvN6elGkChvGUc-imJ6 "Speaker-Performer Agreement_Lirvaneethza Cook (Pumpkin D ecorating)_FINAL_10.2.24" History Document created by Dylan Dario (ddario@santa-ana.org) 2024-10-02-11:47:07 PM GMT C. Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2024-10-02-11:47:12 PM GMT ti Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-10-02-11:48:15 PM GMT 6Q Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2024-10-02-11:48:56 PM GMT-Time Source:server ET Document emailed to Lirvaneethza Cook (Iircook@yahoo.com)for signature 2024-10-02-11:48:58 PM GMT C I1 Email viewed by Lirvaneethza Cook (Iircook@yahoo.com) 2024-10-07-3:49:25 PM GMT £`co Signer Lirvaneethza Cook(Iircook@yahoo.com) entered name at signing as Lirvaneethza Cook 2024-10-07-6:06:29 PM GMT do Document e-signed by Lirvaneethza Cook (Iircook@yahoo.com) Signature Date:2024-10-07-6:06:31 PM GMT-Time Source:server 0 Agreement completed. 2024-10-07-6:06:31 PM GMT Adobe Acrobat Sign Dario, Dylan From: Kaushal, Aarti Sent: Monday, September 16, 2024 10:21 AM To: Lopez, Patricia Subject: RE: Insurance Request: Lirvaneethza Cook Hi Patty, Assuming there is no carving or use of sharp objects to cut into the pumpkins, no insurance will be required from this vendor. Feel free to reach out with any questions. Thank you, Aarti Aarti Kaushal I Risk Manager City of Santa Ana - Human Resources Department fl 20 Civic Center Plaza I Santa Ana, CA 92701 Office: (714) 647-5472 SANTA ANA Cell: (714) 604-6090 Email: akaushal(a�santa-ana.orq santa-ana.orq I Linkedln I Instagram City Hall is closed every other Friday. Click here for dates From: Lopez, Patricia <PLopez@santa-ana.org> Sent: Friday, September 13, 2024 10:59 AM To: RMD<rmd@santa-ana.org> Cc: Kaushal, Aarti<akaushal@santa-ana.org> Subject: Insurance Request: Lirvaneethza Cook Importance: High Submission Directions: 1. Subject line must be edited: Insurance Request: Contractor/Insured Name 2. Complete email template and attach the following documents: a. Draft agreement; or b. Scope of services; or c. PO, RFP, and any other documents which describe services to be provided 3. Send to Risk Management Division at RMD(c�santa-ana.orq 4. RMD will respond within 7-business days Department: Library Department Contact/ Patty Lopez/Dylan Dario Project Manager Name: 1 Direct Phone Number: 714 647-5325 Contractor/Vendor Name: Brief description of services: The Newhope Library will be welcoming Fall with art featuring special guest: Lir Cook.She will be bringing in 25 pumpkins for library patrons to paint and decorate.The presentation will be conducted in person. It will be co-hosted by Olga Morphew, Senior Librarian for the Adult Services at the Newhope Public Library as part of the Tiempo de C.R.E.A.R series. The presentation is free and anyone can attend. It will take place one time on Saturday, September 12, 2024 from 2-3:30 p.m. at the Newhope Public Library. She will be compensated $375.00 for her presentation. 2