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HomeMy WebLinkAboutKID HEALTHYCity of Santa Ana ..tip Clerk of the Council AGREEMENT TERMINATION FORM Please complete this farm in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 �-i d N-2022-167 No. was completed on (List all amendments. Use space below if needed,) iAagreementsbrmsbrm - agreement termination form—goldenrod.doc COTC Office Use Oniv G - 1,oZZ city of Santa Ana JAN 11 2024 On Clerk's wee ( V?-- and final payment has been made. Department: '"' Phone/Ext.: Signature: Date:f rj�J 0n-LMANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: D:L &al June 0 ,2022 Kid Healthy (Speaker/Performer) 1901 E. 4th Street Ste. 100 Santa Ana, CA 92705 Re: Speaker/Performer Engagement Agreement N-2022-167 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, Kid Healthy will provide a presentation for adults about healthy eating habits and making healthy food choices using nutritional information. The event will be hosted by Cathryne Ramirez, Librarian Santa Ana Public Library. 2. Date(s): Wednesday, June 29, 2022 3. Event Time(s): 6:00 p.m. — 7:00 p.m. 4. Location: Newhope Public Library, 122 Newhope Street, Santa Ana, CA 92704 5. Compensation: An amount not to exceed Five Hundred Dollars and Zero Cents ($500.00) 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: 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. 11. 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 N-2022-167 Speaker Agreement — Kid Healthy 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 ATTEST: J AISY GOMEZ Clerk of the Council RECOM NDED F R APPROVAL /%� Brian Sternber Library Service hector Library Services SPEAKER/PERFORMER V/GL. uMu Hie iL &20,2-1048 PDT) NameNictoria L. Muffie Title: OneOC Senior Manager, Fiscal Sponsorship APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Kid Healthy Address: 1901 E. 4h Street Ste. 100 Santa Ana, Ca. 92705 Phone Number: NA Email Address: lindaAmykidhealthv.ore EVENT: Nutrition Information Workshop for Adults LOCATION: Newhope Public Library, 122 Newhope St. Santa Ana, CA 92704 TERM: One-time event: Wednesday, June 29, 2022 COMPENSATION: $ 500.00 • DESCRIPTION: It will be hosted by Cathryne Ramirez, Librarian in Adult Services at the Santa Ana Public Library. The presentation is free and everyone can attend. This one-time event will take place on Wednesday, June 29, 2022 from 6:00-7:00 p.m. at the Newhope Public Library. Kid Healthy will be compensated $500.00 for this presentation.