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Home My WebLink AboutMUNEMITSU, JANICECity of Santa Ana <TL*7xjClerk 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 (M--30). Call 647-1520 if you have any questions. COTC Office Use Only c lQ CRY of Santa Ana ,City Clerk's Office The agreement with N-202,E-309 was completed on _� ,I �' i� No. p � � ;, � and final payment has been made. (List all amendments. Use space below if needed.) 11 LDepartment: -�o Phone/Exf.: Signature: Date: [:lagreementslformslform - agreement termination form—goldenrod.doc INSURANCE NOT REQUIRED N-2022-309 WORK MAY PROCEED CLERK OF THE COUNCIL DATE: OCT 1 12022 _1, 2022 (Month) (Day) Janice Munemitsu ("Speaker/Performer") PO Box 545 Corona de Mar, CA 92625 Re: Sneaker/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: 1. Event Description: As further described in Exhibit A, attached hereto, author Janice Munemitsu will provide a presentation and reading of her book, The Kindness of Color. She will conduct a Q&A and a book signing once the presentation concludes. The live, in -person event will be hosted by Cheryl Eberly, Principal Librarian in charge of Young Adult/Outreach Services at the Santa Ana Public Library. 2. Date(s): Saturday, November 12, 2022. 3. Event Time(s): 1:00 p.m. — 3:30 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $600.00 (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): 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 allomey'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-2022-309 Speaker Agreement — Janice Munemitsu 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 K1fdSTINE RID City Manager ATTEST: w RV Clerk of the Council FOR APPROVAL X-C- _,� Brian Sternberg oQ Library Services Director Library Services SPEAKER/PERFORMER Janice Munemitsu Author APPROVED AS TO FORM: By. AY10-on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Janice Munemitsu Address: PO Box 545, Corona del Mar, CA 92625 Phone Number: (949)933-6615 Email Address: jMgae a me.com EVENT: Author Presentation and Reading/Q&A Session & Book Signing for Janice Munemitsu (International Kindness Day) LOCATION: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event, Saturday, November 12, 2022 from 1:00PM-3:30PM COMPENSATION: $ 600.00 DESCRIPTION: hi celebration of International day of Kindness 11/13 and in honor of the 75' anniversary of the landmark Mendez, et al.v. Westminster desegregation case, the Santa Ana Public Library invites all to a special author hour with Janice Munemitsu. Ms. Munemitsu will share highlights from her book The Kindness of Color and educate the audience on the history of Japanese Internment and the Mendez, et. al v. Westminster desegregation case in Orange County. She will do a Q & A and a book signing once the presentation concludes. The presentation will be conducted in person. It will be hosted by Cheryl Eberly, Principal Librarian in charge of Young Adult/ Outreach Services at the Santa Ana Public Library as part of the Author Hour Series. The presentation is free and open to the public. This one-time event will take place on Saturday November 12, 2022 from 1:00 p.m. - 3:30 p.m. at the Santa Ana Public Library. Janice Munemitsu will be compensated $600,00 for her presentation.