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A' ,E NOT ON FILE ;VAY NOT PROCEED (AERK OF COUNCIL DATEJAN 2 5 2022 -- �- Librort�O) January , 2022 Franklin Haynes Marionettes ("Speaker/Performer") 1234 Muirfield Rd. Riverside, CA 92506 Re: Sneaker/Performer Engagement Agreement N-2022-014 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: Franklin Haynes Marionettes will provide two performances for the library, as detailed in Exhibit A. The first performance will be held at the Main Library on Wednesday, May 4, 2022. The second performance will be held at the Newhope Library on Wednesday, May 25, 2022. 2. Date(s): Wednesday, May 4, 2022 and Wednesday, May 25, 2022. 3. Event Time(s): May 4, 2022 at 6:30 p.m. May 25, 2022 at 6:30 p.m. 4. Location ("Property"): May 4, 2022 at Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 May 25, 2022 at Santa Ana Newhope Library, 122 N Newhope Street, Santa Ana, CA 92703 5. Compensation: $400 per event with a total amount not to exceed $800 under this Agreement (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Provided by City: advertising the program, space for the patrons attending, and staff to assist with setup. 7. Provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Miranda Castro 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 attomey's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees.