HomeMy WebLinkAboutBARALT, ELIZABETH (2)City of Santa Ana eaTG Office Use Only
' Clerk of the Council
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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amendments (if any) are no longer in effect.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 farm. kN'T ANA G] TY PMERK
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Return form to the Clerk of the Council Office (M-30).
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The agreement with
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No. N-2021-229 was completed on
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November _�Y, 2021
Elizabeth Baralt ("Speaker/Perforner")
Re: Speaker/Performer Engagement Agreement
N-2021-229
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: Author Elizabeth Baralt will provide a live virtual workshop in Spanish that will teach people
how to practice simple techniques to ease the grief of the loss of a loved one. Elizabeth Baralt will engage in a
Q&A session once the workshop concludes. The workshop will be conducted live and co -hosted by Santa Ana
Public Library Librarian, Patty Lopez via Zoom. The entirety of the workshop and Q&A session will be one (1)
hour.
2. Date(s): Wednesday, November 17, 2021.
3. Event Time(s): 6:30 p.m.
4. Location: Virtual Presentation Via Zoom
5. Compensation: $200.00 (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.
7. Equipment provided by Speaker/Performer: All equipment and materials necessary.
8. City Contact Person (for coordinating purposes only): Maria Sepulveda
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 tares 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.
H. 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— Elizabeth Baralt N-2021-229
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.
I3. 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. 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/Perfornter 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 SPEAKF/P ORMER
ISTNE RIVUE Elizabeth Bara
City Manager Speaker
ATTF�i
DAISY GOMEZ�
Clerk of the Council
RE7NDED FOR APPROVAL
Brian Sternberg
Library Services Director
Library Services
APPROVED AS TO FORM:
By:/G
Br don Salvatierra
Deputy City Attorney