HomeMy WebLinkAboutBENITEZ, TOMASCity of Santa Ana
�9 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amendments (if any) are no longer in effect.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 Tom Cj-5 ell ro�
N-2018-053
No.
(List all amendments.
was completed on 4140116
Use space below if needed.)
II SEP 27 PM 3-* 10
OF SANTA ANA
RK OF CCUNU
and final payment has been made.
Department: �(,DA
Phone/Ext.: �/3®5
Signature: 0����
Date: 01 oVD
Revised: 10-18-16
WC required if consultant
has employees.
O� Q0A
March 21, 2618
//-3p-/Y,
414 .
N-2018-053
-comas Benitez (`SpealtedPerformer' )
4012 E. Michigan Avenue
Los Angeles, CA 90063
Re: S.peall<,er/Performer Bngn remelrt reement
Dear Tomas Benitez:
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: Arts Grant Writing Workshop,, with the first half focusing on introductory grant writing; and the
second half focusing on advanced grant writing
2. Date(s): April 14, 2018
3. Event Time(s): 10:00 AM - 4:00 PM
4, Location: Santa Ana College ("Property")
5. Compensation: $800 (payable by check at conclusion of Event); Speaker/Perfortner must provide IRS form W-9
before payment can be made
6. Equipment provided by City: Prgjector, screen, laptop, audio speakers
7. Equipment provided by SpeakelPerrornter: None
8. City Contact Person (for coordinating purposes only): Tram Le
9. Independent Connactor: Speaker/Performer shall, daring the entire term of this Agreement, be construed to bean
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, ajoint venture relationship, or to allow the City to exercise discretion
orcontrol over the professional manner in which Speaker/Perfoi'nterperfitrtrts the services that are the subject matter
of this Agreement; however-, the services to be provided by SpeakerlPerformer 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,
1 1. Release: Speaker/Perrortner 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 behaPfof, by;
Letter Agreement -- Tomas Benitez
Page 2 N-2018-053
through or under each of them, under any present or future laws, statutes, or regulations for any claim or event
relating to the condition ofthe Property or City -provided equipment or Speaker/Performer's use thereof'.
12. worker's Compensation Insurance. In accordance with the California I...abor Code, Speaker/Performer, if
Speaker/Performer has -any empl'oyees, is required to be insured against liability for worker's compensation or to
undertake self-insurance.
13. 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.
'Phis license shall be 11011 -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.
ld. 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 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 represenmtive
Of Speaker/Performer.
Please execute this letter to reflect your agreement to the terms and conditions set forth herein.
CITY OF SANTA ANA
r
jAUL GODINEZ
City Manager
MARIA D. HUIZAR
.^Nq
72 Clerk Of tile Council
RECOMMENDED FOR APPROVAL
Robert Zur SCII iec
Acting Lxecutiv i;&tor, Community Development Agency
APPROYIPD ASJO FORM:
By:
AssKnt City) Attorney