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Home My WebLink AboutBONG, JACKIE,. City of Santa Ana City Clerk AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 City Clerk's Office (M--30). Call 647-6520 if you have any questions. The agreement with 6 No. N-2023-082 was completed on (List allamendments. Use space below if needed.) iAagreementsVormslform - agreement termination form—goldenrod.doc COT _Office Use Only C 2oZ'; atv of Santa Ana ,City Clerk's Office and final payment has been made. Department: Phone/Ext.: XL" Signature: Date:j INSURANCE NOT REQUIRED N-2023-082 WORK MAY PROCEED CLERK OF COUNCIL DATE: D: Linrmru, to) �IIR kpvlvePloil April 11,J2023 Jackie Bong ("Speaker/Performer") 403 Goldfinch Lane Fountain Valley, CA 92708 :a3 Re: Speaker/Performer Engagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: ov 0 ev a�z 1. Event Description: As further described in Exhibit A, attached hereto, acclaimed author Jackie Bong will provide a reading of her book, Autumn Clouds. She will conduct a Q&A and book signing once the presentation concludes The live, in -person event will be hosted by Tony Lam, Librarian at the Santa Ana Public Library. 2. Date(s): Saturday, May 27, 2023. 3. Event Time(s): 2:00 p.m. — 3:15 p.m. 4. Location: Santa Ana Public Library, Newhope Branch, 122 Newhope St., Santa Ana, CA 92703 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: microphone, projector, tables and chairs. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265 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. it. 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-2023-082 Speaker Agreement — Jackie Bang 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 Kristine City Manager ATTEST: RECOM DED FOR APPROVAL Brian Sternberg Library Services hector Library Services SPEAKER/PERFORMER APPROVED AS TO FORM: gy.�-� G. Brats on Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Jackie Bong Address: 403 Goldfinch Lane, Fountain Valley, CA 92708 Phone Number: 571-422-5704 Email Address: jackiebongl@gmail.com EVENT: Asian American Pacific Islanders Heritage Month LOCATION: Santa Ana Public Library, Newhope Branch, 122 N Newhope St, Santa Ana, CA 92703 TERM: One-time event - May 27 — Saturday — 2-3:15 p.m. COMPENSATION: $ 500.00 DESCRIPTION: To celebrate the Asian American Pacific Islanders Heritage Month, Ms. Jackie Bong, the acclaimed author of Autumn Clouds, will join us and discuss her book and her experience as a Vietnamese American. This is a great outreach program to connect the community through cultural understanding of each other. • Author will talk about her book Autumn Clouds • Attendees have a chance to participate in Q&A session with the author • Free copies of the book will be raffled off (depends on availability) Format: 2 p.m. — Opening/Intro remark from librarian Tony Lam 2:15-2:45 p.m. — Author discussion 2:48-3:15 p.m. Q&A and book signing The event is free to the public and open to all ages. There will be light packaged snacks and boxed drinks or bottled water. The author will be compensated for $500.