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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK Of COUNCIL <br />DATE: MAY 0 3 2023 <br />Q-.L%1'J IP/tAv) (ELI&S <br />April 26, 2023 <br />Can Lac Be Tinh Nghe Si ("Speaker/Performer") <br />Attn: Anthony Hung Cao <br />2200 Harbor Blvd., Ste. B-230 <br />Costa Mesa, CA 92627 <br />anthonvhungcao(a),gmail. corn <br />Re: Speaker/Performer Engagement Agreement <br />N-2023-103 <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, attached hereto, artist group Can Lac Bo Tinh Nghe Si will <br />perform an Ao Dai (a traditional Vietnamese dress) dance performance at the Newhope Library. <br />2. Date(s): Saturday, May 6, 2023. <br />3. Event Time(s): 2:00 p.m. — 3:15 p.m. <br />4. Location: Santa Ana Public Library, Newhope Branch, 122 N Newhope St., Santa Ana, CA 92703 <br />5. Compensation: $500.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS <br />form W-9 before payment can be made. <br />6. Equipment provided by City: microphone, projector, tables and chairs. <br />7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. <br />8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265 <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 />it. 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 />