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N-2024-055 INSURANCE NOT REQUIRE) WORK MAY PROCEED CITY CLERK DATE: FEB 2 0 29A February 5, 2024 Miguel Alberto Ochoa Garcia ("Speaker/Performer") 619-602-7891 mi guel. aberto.ochoa(i4gmai1. com Re: Sneaker/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, Speaker/Performer will provide a series of three (3) free workshops for the community on how to write a memoir. 2. Date(s): Thursday February 15,2024 Thursday February 29, 2024 Thursday March 7, 2024 3. Event Time(s): 6:00 p.m. — 7:30 p.m. on all dates 4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") 5. Compensation: Total sum to be expended under this Agreement shall not exceed Three Hundred Dollars and Zero cents ($300). Payment by City shall be made within forty-five (45) days of the completion of the event, subject to City accounting procedures. City and Speaker/Performer agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Speaker/Performer agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Speaker/Performer's account(s) with financial institutions. Payment need not be made for work that fails to meet the standards of performance that may reasonably be expected by City. 6. Provided by City: microphone, space for the event, and staff to assist with setup. 7. Provided by Speaker/Performer: All other 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.