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HomeMy WebLinkAboutVIETNAMESE HERTIAGE MUSEUMCity of Santa Ana fi Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Dote: 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 Cleric of the Council Office (M-30) . Call 647-1520 if you have any questions. The agreement with U d 1 N-2022-100 _k:_14 �� No. (List all amendments. was completed on Use space below if needed iAagreemeWsVormslform agreement termination form_goldenrod.doc Department: Phone/Ext.: Signature: GOiC ©ffice 115@ Dnly C2-0 2,'2-- City of Santa Ara. JAM I i zw City Clerk'"s Office, and final payment has been made. VI o 'x' Date: _ 1 [1, 3 � INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE APR 1 4 1022 o % L-� ��,7(Mar;a CeL%4��s��e April 1% , 2022 Vietnamese Heritage Museum (VHM) ("Speaker/Performer") Attn: Chan Thuy, President P.O. Box 27372 Santa Ana, CA 92799 714-846-8438 info@vietnamesemuseum.org Re: Sneaker/Performer Engagement Agreement N-2022-100 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, VHM will conduct a book introduction program focusing on Les Bird's book, Along the Southern Boundary, featuring photos of the Vietnamese Boat People. Author Les Bird will share his story and his mission to serve the refugees. The event will be moderated by Tony Lam. 2. Date(s): Saturday, May 14, 2022 3. Event Time(s): 2:00 — 3:30 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $500.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: Table, microphone, computer, projector, and staff to assist with setup. 7. Equipment provided by Speaker/Perfonner: 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 subj ect 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 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 N-2022-100 Speaker Agreement — VHM Page 2 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/Perfonner 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 ATTEST: A J°i• _ DAISY GOMEZ ,Fo'e Clerk of the Council FOR APPROVAL Brian Sternberg Library Services Library Services VHM�/ �/ Chau Thuy (Apr 11,n22 Z16:25 PDT) Chau Thuy President APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney l ' By. Bratf on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Vietnamese Heritage Museum P.O. Box 27372 Santa Ana, CA 92799 Phone: (714) 846-8438 Email: info@vietnamesemuseum.org http://www.vietnamesemuseum.org/ EVENT: The Vietnamese Heritage Museum (VHM) is a non-profit 501(c)(3) organization dedicated to the preservation and exhibition of our Vietnamese refugees' heritage. VHM collects and shares the testimonies and artifacts that tell the stories of the Vietnamese refugees. We wish to preserve this heritage for present and future Vietnamese American generations to reflect upon. In collaboration with the Santa Ana Public Library, VHM will conduct a book introduction program focusing on Les Bird's book, Along the Southern Boundary, featuring photos of the Vietnamese Boat People. Since the month of May is the Asian American and Pacific Islander Heritage Month, it is an opportunity to show how Vietnamese Boat People arrived in Hong Kong and later immigrated to the United States, especially in Santa Ana, where Vietnamese people first set foot in Southern California. 05/1412022 from 2pm to 3:30pm — Author share his story and his mission to serve the refugee (moderated by Tony Lam/SAPL) Location: Main Library (either Meeting Room A or Staff's Patio) Description: "Along the Southern Boundary" Former Marine Police officer Les Bird tells of the harrowing sea journey to Hong Kong made by tens of thousands of refugees in the years that followed the end of the Vietnam War. And as he patrolled the southern maritime boundary of Hong Kong, he photographed their makeshift boats and later the people -smuggling vessels coming in, including the Sen On, a freighter ship that the crew abandoned. With his previously unpublished collection of personal photographs he tells the stories of the young children, the father who just bought a boat to embark on a 1,000-mile journey, and the disillusioned North Vietnamese battle - hardened veterans — all searching for a new life. The book discussion will be a total of 90 minutes long TERM: May 14, 2022 COMPENSATION: $500 (author fee)