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N-2023-290 INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: October 18, 2023 N o Flor Campos (Speaker/Performer) "a 256 S. Flower Street, #E c� Orange, CA 92868 U Sipandpaintoueenna,gmail.com O Re: Speaker/Performer Engagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: As further described in Exhibit A, Flor Campos will provide a step by step instructional painting workshop for adults, including all workshop materials. The workshop will be conducted in person and is free for everyone. It will be hosted by Olga Morphew, Senior Librarian in Adult Services at the Santa Ana Public Library. 2. Date(s): Wednesday, November 1, 2023 3. Event Time(s): 6:00 — 7:30 p.m. 4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: An amount not to exceed $375.00 under this Agreement (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: Speaker/Performer will provide all workshop materials. 7. Equipment provided by Speaker/Performer: All equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Ella Sepulveda x5265 9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11. Release: Speaker/Performer accepts any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected