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Home My WebLink AboutTHAO HACity of Santa Ana 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Nate: 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 (!rl'l-30). Cali 647-1520 if you have any questions. The agreement with _- D,0 k, - No. N-2022-140 was completed on (List all amendments. Use space below if neededj Oagreernentslforms4orm - agreement termination form_goldenrod.doc COTC Office Use Only L CI j^f7 , •/hr ~ V JAM 112024 City Clerk's Office Wo and final payment has been made. Department: Phone/Ext.: Signature: Date: Li k INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: MAY 19 2022 " 6 owl C�a c�C�� May v5 , 2022 Thao Ha 401 N. Coast Highway, Unit 405 Oceanside, CA 92504 Re: Speaker/Performer Engagement Agreement N-2022-140 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, Than Ha will moderate a presentation and reading of author Viet Thanh Nguyen's award winning books, "The Sympathizer" and "The Committed." A Q&A will follow the book reading. A book signing will then follow the reading and Q&A. The event will be hosted by Patty Lopez, Principal Librarian Santa Ana Public Library. 2. Date(s): Saturday, May 28, 2022 3. Event Time(s): 1:00 — 2:30 p.m. 4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: An amount not to exceed Five Hundred Dollars and Zero Cents ($500) under this Agreement (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/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. 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 N-2022-140 Speaker Agreement — Than Ha Page 2 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 RE STINE ITMGE City Manager ATTEST: DAISY GOMEZ *LClerk of the Council RECOMMENDED FOR APPROVAL J-7111 - Brian Stertfberg \/ Library Services Director Library Services SPEAKER/PERFORMER �_N4 Thao Ha Moderator APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BEt� on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Thao Ha Address: 401 N. Coast Hwy Unit 405 Phone Number: NA Email Address: thaohaAvaala.org EVENT: Author Event for Viet Thanh Nguyen LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event: Saturday, May 28, 2022 COMPENSATION: $ 500.00 DESCRIPTION: Thao Ha will moderate the conversation with Author Viet Thanh Nguyen. Author will provide a presentation and reading of his award winning books The Sympathizer & The Committed. He will do a Q & A and a book signing once the presentation concludes. The presentation will be conducted in person and attendees will be required to register in advance. It will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana 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, May 28, 2022 from 1:00-2:30 p.m. at the Santa Ana Public Library. Thao Ha will be compensated $500.00 for her services.