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HomeMy WebLinkAboutROBLES, MONICA DBA HEART CENTERED LEADERSHIP 2City 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. 1 City of Santa Ana Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form..( 3 © 2 2021 Is the agreement(s) a permanent record? Yes No _ Clerk of the Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. kAe'Ct rYl i e-^! ' The agreementwith qua N-2018-182 No. was completed on 11 - I I and final payment has been made. (List all amendments. Use space below if needed.) Department: �)�� ►tit (nllti Phone/Ext.: sa3l-� Signature: Date: Revised: 10-18-16 WC Declaration on file. OCT O: PRCS (/) Silvia Cuevas September 12, 2018 heart Centered Leadership ("Speaker/Performer") Attu; Ms, Monica Robles 1439 W. Chapman Ave., Apt. 292 Orange, CA 92868 Re: SpeakerJPcrfornncr Err&a ennent A e mcnt N-2018-182 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: Entrepreneurship Inforrnation and Leadership Workshops free- for the public as outlined in the attached Exhibit A. 2, Date(s): Every Monday night from September 10, 2018 through November 5, 20 t 8. Event Timo(s): 5-7 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 clays of event) upon completion of the November 5, 20t8 workshop. 'fheWorkshops prior to November 5, 2018 are offered by Speaker without compensation; SpeakcrlPerformer must provide IRS form W-9 before payment can be made. C, Equipment provided by City: None. 7. Equipment provided by Spoaker(Performer: Projector/Laptop and program materials. S. City Contact Person (tor coordinating purposes only): Patty Lopez (714) 647-5325. 9. Independent Contractor: Speaker/Performer shalt, 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, die 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 cmployees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, ernployecs, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or wilifid misconduct of Speaker/Performer, his or her agents, or employees. The Speaker further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, M Letter Agreement - Ileart Centered Leadership Page 2 including fees and costs for special counsel to be selected by the City, regarding tiny action by a third Party challenging the validity of this Agreement, or asserting that personal injury, damages, just utnrpensation, restitution, judicial or equitable relief duo to personal or property rights arises by reason of the terms of, or affects arising from This Agreement. City truly make all reasonable decisions with respect to its representation in tiny legal proceeding. Notwithstanding the foregoing, to the extent Speaker's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims i'bat arise out Of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Speaker. it. 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 suc, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or tinder each of them, under any present or fiAure taws, 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/PcrPormcr 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 tiny work performed prior to approval of in surance 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 webeast or any other means. This license shall be non-exclusive and the copyright shalt remain with the SpeakerfPerformer. Copies of Speaker/Performer's presentation may he maintainer) 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 its a result of viohrtion by Speaker/Performer of copyright laws. 15. Spoaker/Pcrfomrer 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 tiny 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, Notice will be provided to the V &__ Letter Agreemew - heart Centered I eadership Page 3 City at: Clerk or(' I ouncil, City of Santa Ana, 20 Civic Center Plaza (M-30), P.Q. [lox 198,3, Santa Aria, CA 927021, Fax (714) 647-6956. 18 Speaker covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any rnalmcr with performance of services specified under this Agreement. 19. This Agreement is not assignable without the C:ity's written permission. 20. Speaker shalt, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Cahtbrma, the City of Santa Ana and all other governmental agencies. Speakur shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause fi)r termination of this Agreement. 21. This Agreement represents tire complete and exclusive statement between the City and Speaker/Performcr 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. 22, `I"his 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 SPEAKF.RME+RF6 I MEaR RAUL (,gFaINE;", City Manager ATTEST: i I Or tile Coerled Name: �C7 Sl li Title:'f APPROVED AS TO FORM. SONIA R. CARVALHO City Attorney LAURA ROSS[NI a Senior Assistant City Attorney N-2018-182 Exhibit A SCOPE. OF SERVICES VENDOR INFORMATIONS Monica Robles doing business as ("DBA') Hart Centered Leadership 109 W. Chapman Ave, Apt. 292 Orange,, Ca. 92868 EVENT: Entrepreneurship Information and Leadership Workshops free for the public related to starting a small business. DATES: Mondays, September 10-Nov, 516, 2015, from 5:00 pm, to 7:00 p,m, September 10 September 17 September 24 October 't October 9 October IS October 22 October 29 November 5 DESCRIFT'ION: Monica Robles will, be providing free to the public, entrepreneurship workshops that will provide training and resource opportunities to the participants that are interested in opening up their own business. At the end of the session, she will also be providing a leadership training workshop, to maximize their offectiveness and their success in their profession, Heart Centered Leadership will provide txahriag tailored to the needs of the participants, Training will; + improve internal and external relationship building skills o verbal communication skills with peen:, managernent, and the public « enhance the 'level of servico given to their clients help devolop proactive behaviors that prcrzn<rte self-confidence, goal setting, and tearnwotk LIAWCATIONS: While perrvnning services pursuant to this Agreement, Ms, Robles will not solicit any members of the public for business and will not assist any anenzbcrs of the public with filing out forms containing their personal or business information, The purpose of these workshops is to provide general information to the public about starting a small business, leadership, and professionalism. N-2018-182 WORKERS' COMPENSATION DECLARATION I _Monica Robles DBA Heart Centered Leadership Coachinga and Consulting Group, (Name/Title) following declaration: hereby affirm under penalty of perjury, the Icertify on behalf of_ Monica Robles DBA Heart Centered coaching and Consulting Group that during the term of my (Consultant/Company Name) contract for Training____ 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 I 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: _Aug.21".2018 By: _Monica Robles DBA Heart Centered Coaching and Consulting Group Name: _Monica Robles DBA Heart 1 Ih Centered Coaching and Consulting Group a) Title: `President___ Telephone: (480) 518-5557 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL 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 TLIE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.