The URL can be used to link to this page

Home My WebLink AboutVIETNAMESE AMERICAN ARTS & LETTERS ASSOCIATION (VAALA)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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 N-2023-129 J i o'nrn vnt No. _ was completed on (List all' -amendments. Use space below if needed.) i:\agreements�formslform - agreement termnaticn form_goldenrod.doc COTC Office Use Only GZo 23 E�it,V of Bantu Ana JAN 11 20M y Clerk",,; Office and final payment has been made. Department: Phone/Ext.: ,q Signature: Date: INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK d.ibrur DATE: May 22, 2023 Vietnamese American Arts & Letters Association (VAALA) ("Speaker/Performer") Attn: Ysa Le P.O. Box 20218 Fountain Valley, CA 92728 714-805-7363 infbC&,,vaala.org Re: Smaker/Performer Engagement Agreement N-2023-129 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: As further described in Exhibit A, VAALA will host Viet Book Fest, a one -day author event celebrating Vietnamese literature and local authors. Viet Book Fest will include a presentation for authors Barbara Tran and Ltru Trtrang Kh6i, the editors of the 25th anniversary edition of Watermark: Vietuamese Amerirau Poetry and Prose-, Isabelle Thuy Pelaud, the co-founder of the Diasporic Vietnamese Artist Network (DVAN); as well as acclaimed author Lan Duong, who will discuss her newly released poetry collection. 2. Date(s): Saturday, June 3, 2023 3. Event Time(s): 10:00 a.m. — 9:00 p.m.. 4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 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): Ella 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. Speaker Agreement — VAALA (June 3, 2023 Event) Page 2 N-2023-129 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 VAALA Ysa Le Ysa Le (May 23, 202321:52 POT) Ysa Le Executive Director APPROVED AS TO FORM: SONIA R. CARVALHO ATTEST: City Attorney Y� ennifer L. Hall 0 gralgon Salvatierra City Clerk Deputy City Attorney RECO NDED FOR APPROVAL Bran Sternberg Library Services i ector Library Services Exhibit A SCOPE OF SERVICES VAALA Cultural Center P.O. Box 20218 Fountain Valley, CA 92728 Telephone: (714) 805-7363 Email: info@vaala.org httn://www.vaala.org/ EVENT: Viet Book Fest, a one -day author event celebrating Vietnamese literature and local authors. In collaboration with the Santa Ana Public Library, VAALA will conduct an author and book presentation event for the community, focusing on Vietnamese literature. 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. • DESCRIPTION: The programming will include an author panel and book signing with Barbara Tran, Ltru Trtrbng Khoi, the editors of die 25th Anniversary edition of WatermarkVietriainese American Pocayand Prose, Isabelle Thuy Pelaud, co-founder of the Diasporic Vietnamese Artist Network (DVAN), as well as acclaimed author Lan Duong, who will discuss her newly released poetry collection, NodHi igFo/lows. TERM: Saturday, June 3", 2023 COMPENSATION: SO