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INSURANCE NOT REQUIRED N-2024-343
<br /> WORK MAY PROCEED OF SAN .
<br /> CITY CLERK . �.; •
<br /> DATE: OCT 1 0 2024
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<br /> ;FOB
<br /> October 2, 2024
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<br /> Omi'L4irvaneethza Cook("Speaker/Performer")
<br /> 1220 E. Orangethorpe
<br /> Fullerton,CA 92831
<br /> Re: Speaker/Performer Engagement Agreement
<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, Speaker/Performer will provide a pumpkin
<br /> decoration workshop.
<br /> 2. Date(s): Saturday, October 12,2024
<br /> 3. Event Time(s): 2:00—3:30 p.m.
<br /> 4. Location("Property"):Newhope Library 122,N.Newhope St., Santa Ana,CA 92704
<br /> 5. Compensation: $375 (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. Provided by City: microphone,projector,tables and chairs.
<br /> 7. Provided by Speaker/Performer: Pumpkins and 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.
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