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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE, <br />B-: GIXOLV III DL SgtGe&a) (AV)O' <br />1 <br />o October , 2022 <br />r <br />O <br />e> Nicole Merton ("Speaker/Performer") <br />y <br />Re: Speaker/Performer Engagement Agreement <br />N-2022-328 <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, this is a free community outreach event highlighting the <br />voices and experiences of Native American community members through a variety of special presentations at the <br />Main Library, which will include: a photo exhibit, cultural demonstrations, educational speakers, and <br />presentations on resources available for Native American communities. <br />2. Date(s): October 31, 2022 — March 31, 2023 <br />3. Event Time(s): <br />Photo Exhibit: Beginning at 1 lam on Monday, October 31, 2022 <br />Ending at 6:00pm on Friday, March 31, 2023 <br />Presentation and Demonstrations: Saturday, November 5, 2022, 1:00 — 3:30pm <br />4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 9270 ("Property") <br />5. Compensation: One Thousand Dollars and Zero Cents ($1,000.00) (payable by check within 30 calendar days of <br />event); Speaker/Performer must provide IRS form W-9 before 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, including but not <br />limited to the photo display. <br />8. City Contact Person (for coordinating purposes only): Cheryl Eberly <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 />