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Home My WebLink AboutMARTINEZ, ADRIANA (4)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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 GOTG Office Use Only C 20-2.2- Clty of Santa Ana JAN 112024 City Clerk's office No. was completed on W2.42a and final payment has been made. mist auamendments. mendments. Use space below if needed. i:l greementsVormslform - agreement ferminafion torm`goldenrod.doc Department: Phone/Ext.: Signature: Date: 1r? S- INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: NEAR 2 4 2022 0 % Lb,ro,yu,l marik ca"y�p\ C3 µ� March IL 2022 Adriana Martinez ("Speaker/Performer") 548 Colston Ave La Puente, CA 91744 Re: Speaker/Performer Engagement Agreement N-2022-080 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, local artist, Adriana Martinez, will provide watercolor supplies and will instruct tweens and teens (Grades 4-12) in creating their very own watercolor art that will help them express themselves and how they feel and view the world. 2. Date(s): Saturday, April 2, 2022. 3. Event Time(s): 2:30 p.m. — 4:30 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $100.00 per hour, not to exceed $200 under this Agreement (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: tables and chairs. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary, including watercolor supplies. 8. City Contact Person (for coordinating purposes only): Maria Castro x5269 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 Speaker Agreement —AdrianaMartinez N-2022-080 Page 2 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. 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/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/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 RRISTINE RIDGE — City Manager ATTEST: (��tl DAI 'Y GO Z Clerk of the Council RECOM`��ED FOR APPROVAL Brian Sternberg Library Services Director Library Services SPEAKERIPERFORMER NZne__-= Adrian Martinez (Mar 23, 202215:12 PDT) Adriana Martinez APPROVED AS TO FORM: By: 3rarffion Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES CONSULTANT INFORMATION: ADRIANA MARTINEZ Name: Adriana Martinez (Consultant) Address: 548 Colston Ave, La Puente, Ca 91744 Phone Number: (949) 241-5388 Email Address: a.yazmin.mAgmai1.com EVENT: Sensory Watercolor Art with Adriana Martinez- Saturday April 2"d, 2022 LOCATION: Main Library, 26 Civic Circle Plaza, Santa Ana, CA 92703 TERM: April 1" 2022- April 30a' 2022 COMPENSATION: Total compensation of $200 for April 2"a event ($100 per hour/ 2 hour workshop) DESCRIPTION: The sensory watercolor art workshop will be the kick-off event for the AStounD programming week celebration at the library in acknowledgement of Autism Acceptance Month. The AStounD program will provide Access via Services, Support and Socialization for Youth on the Autism Spectrum to Discover Tools and Develop Skills for success. Local artist Adriana Martinez will provide watercolor supplies and will instruct tweens and teens (Grades 4-12) in creating their very own watercolor art that will help them express themselves and how they feel and view the world.