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Home My WebLink AboutARELLANO, GUSTAVOr City 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 tM-Ay0 AyeVAo d No, N-2022-066 was leted on (List all amendments. Use space below pneea d• COIL Office Use oni CZ-C)2- 'iy Of Santa Ana JAR I V City Clerk's Office -VI II V and final payment has been made. Department: Phone/Ext.: Signature: Date: i-la9reemenislformslfQrm - agreement termination farm—goldenrod.doc INSURANCE NOT REQUIRW WORK MAY PROCEED CLERK OF COUNCV DATEe LIAR 1 12022 �c -.. 0 : L:ib�"�NiAa �-Y» �-T r lr�-- March 9 , 2022 Gustavo Arellano ("Speaker/Performer") P.O. Box 1433 Anaheim, CA 92815 Re: Sneaker/Performer Engagement Agreement N-2022-066 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: As further described in Exhibit A, attached hereto, Gustavo Arellano will moderate a conversation with author Delilah Snell and presentation of her book, Beginner's Guide to Preserving: Safely Can, Ferment, Dehydrate, Salt, Smoke, and Freeze Food. 2. Date(s): Saturday, March 19, 2022. 3. Event Tirne(s): 1:00 - 2:30 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: Speaker/Performer is providing this programming free of charge. 6. Equipment provided by City: Table, microphone, computer, projector, and staff to assist with setup. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Castro 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. it. 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. N-2022-066 Speaker Agreement — Gustavo Arellano 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. 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/Perfonner 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/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. CITY OF SANTA ANA I STINE RIDGE City Manager ATTEST: o DAISY GOMEZ wC Clerk of the Council RECO NDED FOR APPROVAL Brian Sternberg Library Services D rector Library Services SPEAKER/PERFORMER G66ft6f1y0Aely4/ o Gustavo Arellano (Mar 8, 202220:" PST) Gustavo Arellano Speaker APPROVED AS TO FORM: By: Bhrrdon Salvatierm Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Gustavo Arellano Address: PO Box 1433, Anaheim, CA 92815 Phone Number: NA Email Address: mexicanwith lag sses(dgmail com EVENT: Moderator for Author Delilah Snell Book Presentation/Q&A Session and Book Signing LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event: March 19, 2022 COMPENSATION: DESCRIPTION: Gustavo Arellano will moderate a conversation with Author Delilah Snell. Author Delilah Snell will do a book presentation of her book, Guide to Preserving: Safely Can, Ferment, Dehydrate. Salt, Smoke, and Freeze Food. The presentation will be conducted in person and attendees will be required to register in advance. It will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana Public Library. The presentation is for adults and will take place one time on Saturday, March 19, 2022 from 1:00-2:30 p.m. at the Santa Ana Public Library. The presentation is free for all attendees. Gustavo Arellano will be compensated $250.00 for his presentation.