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Home My WebLink AboutVIET THANH NGUYENCity of Santa Ana Clerk of the Council AGREEMENT TERMINATiUN FARM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Mote: 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 Vk' ie' tx.Yl' N No. N-2022-139 was completed on (List all amendments. Use space below it needed.) i:',agreernentslformslform - agreement termination form_go[denrod.doc cg G ice Ilse C 2, C) L"L' City of Santa Ana, JAN 11 2024 City Clerk's Office and final payment has been made. Department: Phone/Ext.: Signature: Date: 2-opb INSURANCr NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: MAY 1 9 2022' Ij 8-: bibrig (Akv�& C�(Av ,o May al- , 2022 Viet Thanh Nguyen 140 Sierra View Rd. Pasadena, CA 91105 323-494-9634 jennvhoa(7a usc.edu Re: Speaker/Performer Engagement Agreement N-2022-139 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, author Viet Thanh Nguyen will provide a presentation and reading of his 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 One Thousand Dollars and Zero Cents ($1,000) 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 N-2022-139 Speaker Agreement — Viet Thanh Nguyen Page 2 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 ATTEST: DAISY GOMEZ Jerk of the Council RECOMME ED FOR APPROVAL Brian Sternberg Library Services Director Library Services SPEAKER/PERFORMER 11W Zhiglfh NGIGt�1Gl� Viet Than Nguyen (May l 02 8:54 CDT) Viet Thanh Nguyen Author APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: , B on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Viet Thanh Nguyen Address: 140 Sierra View Rd. Pasadena, Ca. 91105 Phone Number: 323-494-9634 Email Address: iennyhoa@,usc.edu EVENT: Author Presentation and Reading/Q&A Session & Book Signing LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event: Saturday, May 28, 2022 COMPENSATION: $1000.00 DESCRIPTION: Author Viet Thanh Nguyen, 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. Viet Thanh Nguyen will be compensated $1000.00 for his presentation.