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0n-LMANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />D:L &al <br />June 0 ,2022 <br />Kid Healthy (Speaker/Performer) <br />1901 E. 4th Street Ste. 100 <br />Santa Ana, CA 92705 <br />Re: Speaker/Performer Engagement Agreement <br />N-2022-167 <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, Kid Healthy will provide a presentation for adults about <br />healthy eating habits and making healthy food choices using nutritional information. The event will be hosted by <br />Cathryne Ramirez, Librarian Santa Ana Public Library. <br />2. Date(s): Wednesday, June 29, 2022 <br />3. Event Time(s): 6:00 p.m. — 7:00 p.m. <br />4. Location: Newhope Public Library, 122 Newhope Street, Santa Ana, CA 92704 <br />5. Compensation: An amount not to exceed Five Hundred Dollars and Zero Cents ($500.00) 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 <br />