HomeMy WebLinkAboutMARTINEZ, DONATO (4) INSURANCE NOT REQUIRED
WORK MAY PROCEED N-2024-360
CITY CLERK
DATE: NOV 0 4 2024 ti s^vr
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October 23,2024
Donato Martinez("Speaker/Performer")
Martinez_Donato@sac.edu
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: As further described in Exhibit A, Speaker/Performer will present his book"Touch the Sky"at
the Newhope Library.
2. Date(s):November 23,2024.
3. Event Time(s): 2:00 p.m. through 6:00 p.m.,or as alternatively agreed to by the parties.
4. Location:Newhope Library; 122 N.Newhope, Santa Ana,California 92703 ("Property").
5. Compensation: Not to exceed $900.00 (payable by check within 45 calendar days of event); Speaker/Performer
must provide IRS form W-9 before payment can be made
6. Provided by City: Table,microphone,computer,projector,and staff to assist with set up.
7. Provided by Speaker/Performer: all other equipment necessary.
8. City Contact Person(for coordinating purposes only): Dylan Dario x5118
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 the Property and 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 Property or City-provided equipment or Speaker/Performer's use thereof.
Letter Agreement—Donato Martinez
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/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 maybe 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 7SPEAKER/PERFORMER
.----z5 1/4::,
DonatooMMartin ct 24,2024 10:44 PDT)
lvaro Nuffez Donato Martinez
City Manager
ATTEST: APPROVED AS TO FORM:
` , ,...V7'5°.....'
.,........6 _ - laT I ,
r17"'° Jonathan T.Martinez
• Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Brian Sternberg,
Executive Director,
Library Services Department
Letter Agreement—Donato Martinez
Page 3
Exhibit A
SCOPE OF SERVICES
SPEAKER/PERFORMER INFORMATION:
Name: Donato Martinez
Address:NA
Phone Number: NA
Email Address: Martinez_Donato@sac.edu
EVENT: Author Presentation and Reading/Q&A Session &Book Signing for Donato Martinez
LOCATION:Newhope Library; 122 N. Newhope, Santa Ana, CA 92703
TERM: One-time event: Saturday,November 23, 2024
COMPENSATION: $900.00
• DESCRIPTION: In honor of national writing month, Author, Donato Martinez will provide a
presentation and reading of his book, Touch the Sky. He will do a Q&A and a book signing once the
presentation concludes. The presentation will be conducted in person. It will be hosted by Patty Lopez,
Principal Librarian in charge of Adult Services at the Newhope Public Library as part of the Author Hour
Series.The presentation is free and everyone can attend.It will take place one time on Saturday,November
23, 2024 from 2:00 p.m. through 6:00 p.m. at the Newhope Public Library. Speaker/Performer will be
compensated in an amount not to exceed $900.00 for his presentation.
Donato Martinez_Speaker-Performer
Agreement (Touch the Sky) Unsigned
Final Audit Report 2024-10-24
Created: 2024-10-24
By: Dylan Dario(ddario@santa-ana.org)
Status: Signed
Transaction ID: CBJCHBCAABAAbGTOcgO0-_dhVoBolruSDWzd2UCCD3p3
"Donato Martinez_Speaker-Performer Agreement (Touch the Sk
y) Unsigned" History
Document created by Dylan Dario (ddario@santa-ana.org)
2024-10-24-4:14:34 PM GMT
Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature
2024-10-24-4:14:39 PM GMT
I Email viewed by Brian Sternberg (bsternberg@santa-ana.org)
2024-10-24-4:16:42 PM GMT
Document e-signed by Brian Sternberg (bsternberg@santa-ana.org)
Signature Date:2024-10-24-4:17:26 PM GMT-Time Source:server
Ct Document emailed to Donato Martinez(martinez_donato@sac.edu)for signature
2024-10-24-4:17:28 PM GMT
_1 Email viewed by Donato Martinez(martinez_donato@sac.edu)
2024-10-24-5:43:15 PM GMT
Ga Document e-signed by Donato Martinez(martinez_donato@sac.edu)
Signature Date:2024-10-24-5:44:20 PM GMT-Time Source:server
0 Agreement completed.
2024-10-24-5:44:20 PM GMT
ei Adobe Acrobat Sign
Dario, Dylan
From: Najera, Luisa
Sent: Wednesday, October 9, 2024 3:12 PM
To: Lopez, Patricia
Subject: RE: Insurance Request: Author Donato Martinez
Hi Patty,
Thank you for sharing the previous author's (Andrea Gonzalez's) insurance request information with me.
No insurance is required from the presenter(Donato Martinez).
Thank you,
Lu.,.sa.Najerovi Senior Risk Management Analyst
City of Santa Ana I Human Resources Department
20 Civic Center Plaza I Santa Ana, CA 92701
1!'; �'r L Office: 714-647-6959
SANTA ANA Email: Inaiera c(D.santa-ana.orq
City Hall hours are 8 a.m.to 5 p.m.Monday through Thursday,and 8:00 a.m.to 5:00 p.m.every other Friday. Click here for a list of observed
holidays and Friday closure dates.
The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand!The free app allows residents
to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the
Apple App Store and on Google Play.
Click here to report an issue directly from the City website.
From: Lopez, Patricia <PLopez@santa-ana.org>
Sent: Wednesday, October 9, 2024 2:57 PM
To: Najera, Luisa<Inajera@santa-ana.org>
Subject: FW: Insurance Request:Author Donato Martinez
Hi Luisa,
Here you go. This was returned for the author on Sept. 28tn
Thank you so much for your consideration.
Patty Lopez
Principal Librarian, Adult Services
Santa Ana Public Library
26 Civic Center Plaza Santa Ana, CA 92701
(P) 714-647-5325 I plopez@santa-ana.orq
httos://www.santa-ana.orq/library
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SANTA ANA ��
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From: RMD<rmd@santa-ana.org>
Sent: Wednesday, October 9, 2024 2:46 PM
To: Lopez, Patricia <PLopez@santa-ana.org>
Subject: RE: Insurance Request:Author Donato Martinez
Good afternoon Patricia,
Please see the attached insurance requirement for this agreement.
Thank you,
LuZsaiNa erwl Senior Risk Management Analyst
City of Santa Ana I Human Resources Department
20 Civic Center Plaza I Santa Ana, CA 92701
II °I' t Office: 714-647-6959
SANTA ANA Email: Inajera@santa-ana.org
City Hall hours are 8 a.m.to 5 p.m.Monday through Thursday,and 8:00 a.m.to 5:00 p.m.every other Friday. Click here for a list of observed
holidays and Friday closure dates.
The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand!The free app allows residents
to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the
Apple Apo Store and on Google Play.
Click here to report an issue directly from the City website.
From: Lopez, Patricia <PLopez@santa-ana.org>
Sent:Tuesday,October 8, 2024 5:50 PM
To: RMD<rmd@santa-ana.org>
Subject: Insurance Request:Author Donato Martinez
Submission Directions:
1. Subject line must be edited: Insurance Request: Contractor/Insured Name
2. Complete email template and attach the following documents:
a. Draft agreement; or
b. Scope of services; or
c. PO, RFP, and any other documents which describe services to be provided
3. Send to Risk Management Division at RMD(cr�,santa-ana.orq
4. RMD will respond within 7-business days
2
Department: Library
Department Contact/
Patty Lopez
Project Manager Name:
Direct Phone Number: 5325
Contractor/Vendor Name: Donato Martinez
Brief description of services: Donato Martinez is an author who win be presenting his book Touch the
5ky. This is for the ongoing Author Series at the Newhope Public Library.
This event will be free to the public and Principal Librarian, Patty Lopez will
be moderating the event and will be present for the entire event.
3