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Home My WebLink AboutGARCIA, SARAHCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and amendments (if any) are no longer in effect.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 5CINAh, J. A (k.' �� COTC Office Use Only JUL 19 AM -� ng SANTA ANA OF COUNCIL Na N-2018-033 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: WQ,,+ Phone/Ext.: S arS4 Signature: E may\a AA W_) Date: 751 lL 1 1,1 Revised: 10-18-16 INSURANCE NOT REQUIRED WORK 4c.V PROCEED CLERK Off• COUNCIL p; PRCS (/ ) Silvia Cuevas February 22, 2018 Sarah Garcia ("Speaker/Performer") 125 N. Broadway St., Apt. 214 Santa Ana, CA 92701 Re: Sneaker/Performer Engagement Agreement N-2018-033 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: Author/Speaker Sara Garcia event. 2. Date(s): Thursday, March 1, 2018 3. Event Time(s): 6:30PM - 8:OOPM 4. Location: Santa Ana Public Library 26 Civic Center Plaza, Santa Ana ("Property") 5. Compensation: $200,00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form. W-9 before payrnent can be made 6. Equipment provided by City: microphone, loudspeaker 7. Equipment provided by Speaker/Performer: her book 8. City Contact Person (for coordinating purposes only): Patty Lopez 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. to, Inde.mnificatio: 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. IL 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 —Sarah Rafael Garcia N-2018-033 Page 2 12. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 13. 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 webeast 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. 14. 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. 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. C TY OF SANTA ANA RA UL GOD. E II City Manager ATTEST: 9 , Q MARIA D. HUIZAR Clerk of the Council RECOMMENDED FOR APPROVAL: A-� m".-ot- . Gerardo Monet, Executivo Director Parks, Recreation and Community Services Agency SPEAKER/PERF RMER Title: APPROVED ASTO FORM: By: CDC"Aow A- LAURA A. ROSSINI Senior Assistant City Attorney N-2018-033 WORKERS'COMPENSATION DECLARATION I hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of that during the term of my (Considtant/Compmy Name) contract for &( C7 1 6e 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: February 19, 2018 C Natne: Sarah Garcia Title: Author/Writer Telephone: 3 2 3 -9 7 2- 6 9 8 0 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. Ce 0