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INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: APR 2 ] 2022 April 2022 Ernesto Cisneros ("Speaker/Performer") 2421 N. Eastwood Avenue Santa Ana, CA 92705 Re: Speaker/Performer Engagement Agreement N-2022-103 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: I. Event Description: As further described in Exhibit A, attached hereto, author Ernesto Cisneros will provide a presentation and reading of his award winning book, Efi•cn Divided and his new upcoming book Falling Short. He will do a Q&A and a book signing once the presentation concludes. The event will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Santa Ana Public Library. 2. Date(s): Saturday, April 30, 2022. 3. Event Time(s): 1:00 p.m. — 2:30 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): Maria Castro x5269 9. Independent Contractor: Speaker/Performer shall, during the enti re term of this Agreement, be construed to be an independentmntractor 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 wi I Iful misconduct of Speaker/Performer, his or her agents, or employees. IL 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