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INSURANCE NOT REQUIRED N-2023-237
<br />WORK MAY PROCEED
<br />CITY CLERK
<br />DATE:
<br />September 5, 2023
<br />Donato Martinez ("Speaker/Performer")
<br />N Martinez_Donato@sac.edu
<br />N
<br />a- Re: Speaker/Performer Engagement Agreement
<br />,y
<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: Donato Martinez will provide a speaking presentation with Q & A after the speaking engagement
<br />regarding his experiences as a Hispanic Professor for Hispanic Heritage Month events.
<br />2. Date(s): September 13, 2023
<br />3. Event Time(s): 6:00 — 7:30 p.m.
<br />4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property")
<br />5. Compensation: $50.00 (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: Table, microphone, computer, projector, and staff to assist with set up.
<br />7. Equipment provided by Speaker/Performer: all other equipment necessary, including without limitation sound
<br />technicians, speakers, laptop/music, table, microphone, headphone, and strobe light.
<br />8. City Contact Person (for coordinating purposes only): Ella 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 />11. 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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