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Home My WebLink AboutHERNANDEZ, SARAHCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2017-233 was completed on (List all amendments. Use space below if needed.) Revised: 10-18-16 COTC Office Use Only City of Santa Ana , 0 2 20-21 Clerk of the Council I) 7 ) 11 and final payment has been made. Department: P FLCjt� Phone/Ext.: c:5 SZ Signature: n QA� Ix \ Uk�/�/� Date: 6NSURANCE NOT REQUIRED M yJd�K my PROrFE4 CLERK OF COUNCIL, tIAS A 14 &R O: PRCS (/ ) Silvia C ev November 20a1 Sarah Hernandez ("Speaker/Performer") 13413 Riverside Drive, Apt. B Sherman Oaks, CA 91423 Re: Speaker/Performer Engagement Agreement N-2017-233 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: Children's Author will read "Coco: A Family Mystery" 2. Event Date(s): November 7, 2017 3. Event Time(s): 6:30 — 7:30 p.m. 4. Location: Main Library at 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property"). 5. Compensation: None 6. Equipment provided by City: None 7. Equipment provided by Speaker/Performer: All required materials 8. City Contact Person/Project Manager (for coordinating purposes only): Lupita Arroyo or Michelle Loera. 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 N-2017-233 Letter Agreement — Sarah Hernandez Page Z 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 Speakor/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 SpeakenTerformer. Copies of SpeakenTerformer'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. SpeakenTerformer 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 Agreemenr 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. 15. This Agreement represents the complete and exclusive statement between the City and Speaker1lerformer 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. Please execute this letter to reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA � P Tt.�UL <iODISEZ I r. City Manager .$TT 7-tCle IA D. HUIZrkofthe Council RECOMMENDED FOR APPROVAL SPEAICER/PERFORYtER S.AR ANDEZ — APPROVED AS TO FORM: By: JOH1t ,"VK Assistant City Attorney Gerardo Mouet, Executiye Director, Parks, Recreation, & Community Services Agency Letter Agreement — Sarah Hernandez Page 3 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Sarah Hernandez 13413 Riverside Drive, Apt. B Sherman Oaks, CA 91423 (805) 427-5248 EVENT: Author Visit SERVICE DATE(S): November 7, 2017 COMPENSATION: None DESCRIPTION: Sarah Hernandez, a local author will provide a one day author visit on Tuesday, November 7, 2017. Sarah Hernandez will provide an author visit where she will read her book "Coco: A Family Mystery" and share her experience as a children's book author. This author visit will be presented at the Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701. The City will be responsible for setting up the space for the patrons attending and advertising the program. Sarah Hernandez will be responsible for providing all equipment, materials, supplies and personnel if necessary for the author visit.