HomeMy WebLinkAboutKNOX, NAOMICity of Santa Ana
Clerk of the Council
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AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement a
amendments (if any) are no longer in effect.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.
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Return form to the Clerk of the Council Office (M-30) .
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September'-) , 2021
Naomi Knox ("Speaker/Performer")
Re: Sneaker/Performer Engagement Agreement
N-2021-188
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: Here, Our Voices: Our Missing and Murdered Indigenous Women Movement (MMIW) event.
2. Date(s): October 4 — 9, 2021
3. Event Time(s): Saturday October 9, 2021, 1 lam — 1pm = MMIW Presentation and Panel
4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 9270 ("Property")
5. Compensation: Three hundred dollars and zero cents ($300.00) (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/Performer: All other equipment and materials necessary.
8. City Contact Person (for coordinating purposes only): Cheryl Eberly
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 the Property and 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 Property or City -provided equipment or Speaker/Performer's use thereof.
Speaker Agreement — Naomi Knox
Page 2
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 webeast 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 SPE
-AKER/PERFORMER
�7 D/ � r�5ep 15, 202116:55 POT)
RRISTINE RIDGE Naomi Knox
City Manager Speaker
ATTEST:
n'
AISY GOMEZ
Clerk of the Council
RECOMMENDED FOR APPROVAL
Brian temberg
Library Services Director
Library Services
APPRO AS TO FORM:
By:
on Salvatierra
Deputy City Attorney