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INSURANCE NOT REQUIREO
<br />WORK MAY PROCEED
<br />CLERK OF COUNCIL
<br />DATE:
<br />I'
<br />lp t October, 2022
<br />� Paul Cuero ("Speaker/Performer")
<br />eU
<br />a Re: Speaker/Performer Engagement Agreement
<br />N-2022-330
<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 />Event Description: As further described in Exhibit A, Paul Cuero will perform traditional native music and dance.
<br />Date(s): Saturday, November 5, 2022
<br />3. Event Time(s): 1:00 — 3:30pm
<br />4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 9270 ("Property")
<br />5. Compensation: Six Hundred Dollars and Zero Cents ($600.00) (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 />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 />H. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the
<br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges
<br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not
<br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by,
<br />through or under each of them, under any present or future laws, statutes, or regulations for any claim or event
<br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
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