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3 <br />ATTACHMENT A <br />GENERAL PROVISIONS TO SPEAKER AGREEMENT <br />1. Engagement of Speaker. The City agrees to hire, and Speaker agrees to appear and speak <br />in a competent and professional manner, at the time, date, and location and on the topic described in <br />above Basic Provisions (“Engagement”). The engagement table in the Basic Provisions may be amended <br />by Speaker and the City Project Manager or designee by mutual agreement in writing. <br />2. Work for Hire. The speech or presentation created by Speaker shall not be a work for <br />hire. This means that the City does not claim any copyright or ownership interest in the speech or <br />presentation given by Speaker. <br />3. Publicity. The City and Speaker agree that appropriate publicity is important to the <br />success of the presentation, and that both will cooperate and work together toward this end. If the City <br />takes pictures or videotape, or records the speech or presentation in any medium, Speaker agrees the <br />City may use them later to publicize the City, may allow others (including library patrons) to view or listen <br />to the recorded material, and may broadcast or made available from time-to-time over local cable <br />government access channels or the internet, including without limitation social media and the City’s <br />website. <br />4. Speaker’s Representations and Warranties. Speaker expressly represents and warrants <br />that: (A) Speaker is capable and experienced in performing The Engagement in a professional manner; (B) <br />Speaker's speech, comments and answers shall be appropriate to, and suitable for, the audience that <br />Speaker and City reasonably expect to attend; (C) Any references or use by Speaker of copyrighted <br />material is either duly authorized and licensed, or constitutes fair use of the copyrighted material. <br />5. Compensation. The City shall pay Speaker for completed Engagement. Such payment <br />shall be full compensation including, but not limited to all labor, materials, supplies and incidentals <br />necessary to complete the Engagement. Speaker shall be paid the Compensation Amount stated in the <br />Basic Provisions. <br />6. Termination. Either party may terminate this Agreement with seven days written notice. <br />No payment shall be made for a cancelled Engagement. <br />7. Subletting / Assignment of Contract. This is a contract for personal services. Speaker <br />shall not sublet or assign any of the Engagement without the express, prior written consent of the City. <br />8. Indemnification: Speaker hereby agrees to defend and indemnify the City from any and <br />all claims arising out of, in conjunction with, or incident to any acts, errors, omissions, or conduct by <br />Speaker. <br />9. Independent Contractor. This Agreement shall not constitute or create an employer- <br />employee relationship, and Speaker shall bear all responsibilities as an independent contractor. Speaker <br />shall comply with all Federal, State, and Local laws. <br />10. Miscellaneous. <br />A. Any waiver or breach of any provision will not be construed as waiver of a <br />subsequent breach or preventing enforcement of other provisions. <br />B. Speaker agrees that Speaker does not discriminate against others on the basis of <br />race, color, religion, age, sex, disability, marital state, or national origin. <br />C. Venue for any lawsuit arising from this Agreement shall be Snohomish County. <br />D. Any ink, electronic, faxed, scanned, photocopied, or similarly reproduced <br />signature on this Agreement or any amendment hereto will be deemed an original signature and will be <br />fully enforceable as an original signature. <br />