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WC required if consultant INSURANCE NOT REQUIRED has employees. Q)WORK MV PROCEED (� CLERK = �UJNCII. DATE: Y 2 9 2tl18 A"r April 27, 2018 Tomas Benitez ("Speaker/Performer") 4012 E. Michigan Avenue Los Angeles, CA 90063 Re: Speaker/Performer En agggjg t Agreement Dear Tomas Benitez: N-2018-086 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: Development workshop' focusing on donor cultivation for nonprofit arts organizations, including building relationships with individual donors and foundations. 2. Date(s): May 25, 2018 3. Event Time(s): 10:00 AM —12:00 PM 4. Location: 1801 E. Edinger, Suite 210, Santa Ana, CA 92705 ("Property") 5. Compensation: $600 (payable by check at conclusion of Event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: Projector, screen, laptop, audio speakers 7. Equipment provided by Speaker/Performer: None 8, City Contact Person (for coordinating purposes only): Tram Le 9. Independent Contractor: SpeakerlPerforrner 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 joust 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 takes 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 fes) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. It. 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,