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Home My WebLink AboutGRANDE, REYNA! City of Santa Ana Clerk of the Council V 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 N-2018-181 No. (List all amendments. was completed on C) ,--k) Ip Use space below M needed.) COTC OHke Use Only City of Santa Ana AUG o 2 2021 Clerk of the Council and final payment has been made. Department: P 15--Ilnr yal�L Phone/Ext.: S Lsq Signature: � lOk-"IZ,Lev 010 Date: 7 L-R-7 L-4 1 �Fir+7-nLlr.w. INSURANCE ON FILE WORK MAY PROCEED NTIL INSURANCE EXPIRES C CLERK Of COUNCIL s DATE: � P O: PRCS 2 8 2018 (f) _ Silvia Cuevas September 17, 2018 Reyna Grande ("Speaker/Performer") 206 Pendegast St. Woodland, CA 95695 Re: Speaker/Performer En l agement Agreement Dear Ms. Grande: 'Phis 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: Author Reading "A Dream Called Home event. Ms. Grande will read her both "A Dream Called Home," conduct a question and answer session with audience members, and sign copies of her book. 2. Date(s): Saturday;_ October 20, 2018 3. Event Time(s): 1-2:30 P.M. 4. Location: Santa Ana Public Library located at 26 Civic Center Plaza, Santa Ana ("Property") 5. Compensation: $500.00 (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: None Equipment provided by Speaker/Performer: Reading materials S. City Contact Person (for coordinating purposes only): Patty Lopez (714) 647-5325 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 hannlcss the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's Letter Agreement — Reyna Grande Page 2 fees) arising fi-om 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. 12. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. If Speaker fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Speaker's right to be paid for its time and materials expended prior to notification of termination. Speaker waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City 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. 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. 14. 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 because of violation by Speaker/Performer of copyright laws. 15. 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. 16. 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. 17. This Agreement can be terminated by the City with forty-eight (48) hours written notice. Notice shall be provided at the address listed on page 1 of this Agreement for Speaker. 18. Speaker covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 19. This Agreement is not assignable without the City's written permission. N-2018-181 Letter Agreement -- Reyna Grande Page 3 20. 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. 21. This Agreement may be signed in sub -parts and via fax or electronic e-signature. Such signatures will have the same force and affect as an original signature. CITY OF SANTA ANA RAUL GODINE I City Manager ATTEST: 5 Y AR IRA I! t ._.,. Clerk of the Council SPEAKER/PERFORMER Name: Reyna Grande APPROVED AS TO FORM: SONIA R. CARVALHO City Attomey By:\/Ia—Ua LAURA ROSSINI Senior Assistant City Attorney N-2018-181 �OI�iCERS' COMPENSATION IJECLARATIOIV I Reyna Grande hereby aftina under penalty of perjury, the (NamQ/Tide) following declaration I certify on behalf of Reyna Grande that diu ing the term of my (CoavultairUCbmpauy Nuu�e) contract for A ({hpr Event services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: <: 09/ 14 / 201 B Name: Reyna Grande Title: Author Telephone: 3233141330 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SEIALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.