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N-2023-248 <br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />DATE: <br />1044 (.0) <br />September 5, 2023 <br />v Heritage Museum of Orange County ("Speaker/Performer") <br />3101 W. Harvard St. <br />co Santa Ana, CA 92704 <br />I Re: Sneaker/Performer En2aeement Agreement <br />cn <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, Sam Guitron of Heritage Museum of Orange <br />County will provide a presentation and workshop on food insecurity. He will conduct a Q&A once the presentation <br />concludes. <br />2. Date(s): Saturday, September 30, 2023. <br />3. Event Time(s): 1:30 p.m. — 4:00 p.m. <br />4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") <br />5. Compensation: $300.00 (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 />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 />of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of <br />the City -provided equipment or Speaker/Performer's use thereof. <br />