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Home My WebLink AboutSHARABA, SR.; PAUL JOHNCity of Santa Ana Clerk of the Council coTc office use only AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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 z_ i ER OF TFE UIl_IKIL have been satisfied prior to signing the termination form. A. IG 2121 PM3:291 Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2016-093 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: PROSA Phone/Ext.: LiaIU Signature: t Date: i 0 Revised: 0 1 -07-16 INSURANCE 1 ON FILE DATE:WORK MAY KU PROCEED CLERK OF C a7 • t 2016 June 27, 2016 Paul John Sharaba, Sr. ("Speaker/Perfonner") 7439 La Palma Ave #250 Buena Park, California 90620 Re: Speaker/Performer Engagement Agreement N-2016-093 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: Historical Re-enactment Services, Character: Benjamin Franklin 2. Date(s): Monday, July 4, 2016 Event Time(s): 4:00 p.m, to 9:30 p.m. 4. Location: Show will be presented at the Centennial Park, Santa Ana CA ("Property") Compensation: $225 (payable by check on the day of the event) provided agreement is fully executed; Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: none 7. Equipment provided by Speaker/Performer: all supplies, costumes, and equipment, required for the performance 8. City Contact Person (for coordinating purposes only): Sonia Batres 9. Independent Contractor: Speaker/Performer shall, dining the entire term of this Agreement, be construed to be an independent contractor and not an employce. 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/Perfanner 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 — Paul Sharaba Page 2 12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be litnited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions. 13. Worker's Compensation Insurance. In accordance with the California Labor Code, SpeakerlPerformer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. 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. 15. 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. 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 may be 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, Please execute this letter to reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA AN ��i\Cec�n��c,a • DAVID CAVAZOS !� City Manager ATTTES ,,T: MARIA D. IiUIi`Al 7 Clerk of the Council RECOMMENDED FOR APPROVAL .T.lsucadtt�^�+ APPROVED AS TO FORM: By: F JOFWM. FUNK Assistant City Attorney GERARDO MOUET, Executive Director, Parks, Recreation, and Community Services Agency G A D Enterprises sharaba@earthlink.net 7439 La Palma Avenue #250 . Buena Park, California 90620 . 714-273-3579 -- I N V O I C E -- TO: Sonia Batres Community Services Supervisor City of Santa Ana Parks, Recreation & Community Services Agency Santa Ana, California FOR: Benjamin Franklin Meet & Greet Services (Location and Details to be agreed upon later.) Page: 1 of 1 INVOICE NO: 643 DATE: June 23, 2016 TERMS: Net Upon Receipt Date Hours Amount 1. 7- 4-2016 4:00 pm to 9:30 pm On -site 5.5 $225.00 4:00 pm to 9:00 pm Meet and Greet 9:00 pm to 9:30 pm Fireworks Attendence Contact Information: Paul John Sharaba, Sr Cell: (714) 273-3579 Sharaba@earthlink.net 7439 La Palma Avenue #250 Buena Park, CA 90620 Net Sale: 5.5 225.00 ---------- Please Remit Total: $ 225.00 Please make checks payable to "Paul John Sharaba, Sr. WORKERS' COMPENSATION DECLARATION I rmc�c/Z&ML04ety atBnn under penalty of perjury, the (Nm itle) following decla� tion : I certify on behalf of _ that during the term of my ( osu nveompany Name) contract for ' services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: `-C213-16 r�rr- WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. ?6 ° S\ C`� C'Al FO W