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HomeMy WebLinkAboutLITWIN, ERICCity of Santa Ana j 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TERMINATION FORM Please complete this farm in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 647-3 520 if you have any questions. COTC Office Use Only (,- co?z City of Santa Ana City Clerk's Office The agreement with L l , W1 % y k C No.N-2Q23-QLI. was completed on rf� j' and final payment has been made. (List all amendments. Use space below if needed.) Department: lei Phone/Ext.: Signature: Date: r INSURANCE NOT REQUIRED N-2023-042 WORK MAY PROCEED CLERK OF COUNCIL DATE: FEB 2 `l 2023 2023 (Month) (Day) Eric Litwin ("Speaker/Performer") PO Box 73145 Washington DC 20056 mrericmusic@gmail.com Re: Speaker/Performer Engagement Agreement 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: For the Library's Dia de los Niiios, Dia de los Libros (Children's Day, Book Day) event, Speaker/Performer Eric Litwin will perform a concert. Speaker/Performer will then conduct a book signing after the concert concludes. 2. Date(s): Saturday, April 29, 2023. 3. Event Time(s): Concert 11:30 a.m. — 12:15 p.m. Book Signing 12:30 p.m. — 1:15 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: Speaker/Performer must provide IRS form W-9 before payment can be made. a. Total compensation under this Agreement shall not exceed $6,195.00. b. A 25% non-refundable deposit of $1,548.75 will be paid to Speaker/Performer upon execution of this Agreement or mailed within thirty (30) days, subject to City accounting procedures. C. The remaining $4,646.25 will be paid to Speaker/Performer immediately following the performance or mailed within thirty (30) days, subject to City accounting procedures. d. Checks shall be made out to Eric Litwin and mailed to the address provided above. e. Speaker/Performer shall provide an invoice; the invoice number shall be included on all payments. 6. Equipment provided by City: microphone, speakers, projector, tables and chairs, and performance space. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265 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 Speaker Agreement — Eric Litwin Page 2 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 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. COVID Cancelation Policy. If either the City or Speaker/Performer has to cancel an in -person presentation due to COVID 19 concerns, then the City and Speaker/Performer will make every reasonable effort to either: a. Reschedule the in -person presentation for the same school year or as soon as possible in the next school year; or b. Move the presentation(s) to an online virtual format, at a mutually agreed upon virtual fee structure, with as close to the same dates and times as possible. If the presentation is canceled without rescheduling or moving to an online virtual format, then any deposit will be returned to the City minus any nonrefundable travel expenses accrued by Speaker/Performer. 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 any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 17. 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. [signature page to follow] N-2023-042 Speaker Agreement — Eric Litwin Page 3 CITY OF SANTA ANA KRI87INE RIDGE City Manager ATTEST: <. z: w rozco SPEAKER/PERFORMER Eric Litwin 02.15.23 APPROVED AS TO FORM: By: 13�-on Salva[ierra Deputy City Attorney