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INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CLERK OF COUNCIL
<br />DATE: MAY 19 2022 "
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<br />May v5 , 2022
<br />Thao Ha
<br />401 N. Coast Highway, Unit 405
<br />Oceanside, CA 92504
<br />Re: Speaker/Performer Engagement Agreement
<br />N-2022-140
<br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the
<br />engagement described below:
<br />1. Event Description: As further described in Exhibit A, Than Ha will moderate a presentation and reading of author
<br />Viet Thanh Nguyen's award winning books, "The Sympathizer" and "The Committed." A Q&A will follow the
<br />book reading. A book signing will then follow the reading and Q&A. The event will be hosted by Patty Lopez,
<br />Principal Librarian Santa Ana Public Library.
<br />2. Date(s): Saturday, May 28, 2022
<br />3. Event Time(s): 1:00 — 2:30 p.m.
<br />4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701
<br />5. Compensation: An amount not to exceed Five Hundred Dollars and Zero Cents ($500) under this Agreement
<br />(payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before
<br />payment can be made.
<br />6. Equipment provided by City: Table, microphone, computer, projector, and staff to assist with setup.
<br />7. Equipment provided by Speaker/Performer: All other equipment and materials necessary.
<br />8. City Contact Person (for coordinating purposes only): Maria Castro
<br />9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an
<br />independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed
<br />to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion
<br />or control over the professional manner in which Speaker/Performer performs the services that are the subject matter
<br />of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner
<br />consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages,
<br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify,
<br />defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives
<br />from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or
<br />willful misconduct of Speaker/Performer, his or her agents, or employees.
<br />11. Release: Speaker/Performer accepts any City -provided equipment used in connection with the performance in their
<br />"as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all
<br />claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected
<br />officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each
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