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o INSURANCE NOT REQUIRED <br />C�j WORK MAY PROCEED <br />CITY CLERK <br />v DATE: <br />Co <br />D. L;Woy`�, CO) <br />�.�(AA-J;Ie ember 22, 2023 <br />Jaime Cortez (Speaker/Performer) <br />icortez6Dhewlett.org <br />Re: Speaker/Performer Engagement Agreement <br />N-2023-262 <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, author Jorge Cortez will provide a presentation and reading <br />of his book, Gordo. At the conclusion of the presentation, he will perform a O&A and book signing. The event will <br />be hosted by Patty Lopez, Principal Librarian. <br />2. Date(s): October 14, 2023 <br />3. Event Time(s): 1:00 — 2:30 p.m. <br />4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") <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: 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 subj ect 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. <br />