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Home My WebLink AboutVIETNAMESE AMERICAN ARTS &LETTERS ASSOCIATION(VAALA)City of Santa Ana cOTC office Use On[ � Clerk of the Council AGREEMENT TERMINATION FORM City of Santa Ana Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in 2021, Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. ityeP'k'S Office Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-34). Call 647-1520 if you have any questions. The agreement withAmwieetnArk N-2022-052 No. - was completed one,.:'' (List all amendments. Use space below if needed.) Department: Phone/Ext.: Signature: Date: lagreementslformsVarm - agreement termination form_goldenrod.doc e Ial;ar CvmLh� and final payment has been made. �i n IG . .151- INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: MAR 0 12022 ar;" March I , 2021 Vietnamese American Arts & Letters Association (VAALA) ("Speaker/Performer") Attn: Ysa Le P.O. Box 20218 Fountain Valley, CA 92728 714-805-7363 info@vaala.org Re: Speaker/Performer Engagement Agreement N-2022-052 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, VAALA will conduct a community reading program focusing on Thi Bui's graphic novel, "The Best We Could Do." There will be two virtual author talk programs with comic artist, Trung Le Nguyen on March 10, 2022, and with author Eric Nguyen on April 14, 2022. Additionally, there will be an in -person community book discussion at the Newhope Library on April 29, 2022. Santa Ana Public Library Librarian Tony Lam and Orange County Public Library Librarian Viet Vu will be the moderators for all three programs. 2. Date(s): Thursday, March 10, 2022 Thursday, April 14, 2022 Friday, April 29, 2022 3. Event Time(s): Thursday, March 10, 2022 @ 6:00 pan — 7:00 p.m. Thursday, April 14, 2022 @ 6:00 p.m — 7:00 p.m. Friday, April 29, 2022 @ 3:00 p.m — 4:00 p.m. 4. Location: Thursday, March 10, 2022 - Virtual Thursday, April 14, 2022 - Virtual Friday, April 29, 2022 —Newhope Library, 122 N Newhope St., Santa Ana, CA 92703 5. Compensation: Speaker/Performer is providing this programming free of charge 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. Speaker Agreement — VAALA Page 2 N-2022-052 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. 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 KRISTINE RIDGE City Manager P11T. . G2 sa le (Feb 28, 202214:18 PST) Ysa Le Executive Director [signatures continued on nextpage/ Speaker Agreement— VAALA Page 3 ATTEST: "AISYGo D``—Clerk RECOMME7 FORAPPROVAL Brian Sternberg Library Services Director Library Services APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: B on Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: VAALA Cultural Center P.O. Box 20218 Fountain Valley, CA 92728 Telephone: (714) 805-7363 Email: infona,vaala.org http://www.vaala.orW EVENT: Founded in 1991, the Vietnamese American Arts & Letters Association (VAALA) is a community -based, 501(c)(3) non-profit organization that seeks to connect and enrich communities through Vietnamese arts and culture. VAALA is one of 61 organizations nationwide selected to receive a 2021-2022 National Endowment of the Arts (NEA) Big Read grant. In collaboration with the Santa Ana Public Library, VAALA will conduct a community reading program focusing on Thi Bui's graphic novel, "The Best We Could Do," to coincide with a series of virtual and in - person programs running throughout the mid half of 2022. 03/10/2022 @ 6:00pm-7:00pm — Author talk with comic artist, Trung Le Nguyen (moderated by OCPL Librarian Viet Vu and SAPL Librarian Tony Lam) Location: Virtual 04/14/2022 @ 6:00pm — 7:00pm — Author talk with author, Eric Nguyen (moderated by OCPL Librarian Viet Vu and SAPL Librarian Tony Lam) Location: Virtual 04/29/2022 @ 3:00pm — 4:00pm — Community book discussion at the Newhope Library (moderated by OCPL Librarian Viet Vu and SAPL Librarian Tony Lam) Location: Book discussion will be taking place in -person at Newhope Library, 122 N Newhope St, Santa Ana, CA 92703 DESCRIPTION: "The Best We Could Do" touches upon themes of home, family, parenthood, and belonging complicated by the intricacies of intergenerational trauma and historical memory. VAALA will provide a limited number of free copies of the title on a first come fast served basis distributed through Newhope Library. The book discussion will be a total of 60 minutes long. Additionally, there will be 2 virtual book discussions with Vietnamese American authors that explore the similar themes of family, heritage, and identity in their work. These virtual programs will run for 30-60 minutes. TERM: March 2022 — April 2022 COMPENSATION: $0