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INSURANCE NOT REQUIRED
<br /> WORK MAY PROCEED N-2024-360
<br /> CITY CLERK
<br /> DATE: NOV 0 4 2024 ti s^vr
<br /> D: G9to) _TM
<br /> py1&K Dart (kP)
<br /> October 23,2024
<br /> Donato Martinez("Speaker/Performer")
<br /> Martinez_Donato@sac.edu
<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, Speaker/Performer will present his book"Touch the Sky"at
<br /> the Newhope Library.
<br /> 2. Date(s):November 23,2024.
<br /> 3. Event Time(s): 2:00 p.m. through 6:00 p.m.,or as alternatively agreed to by the parties.
<br /> 4. Location:Newhope Library; 122 N.Newhope, Santa Ana,California 92703 ("Property").
<br /> 5. Compensation: Not to exceed $900.00 (payable by check within 45 calendar days of event); Speaker/Performer
<br /> must provide IRS form W-9 before payment can be made
<br /> 6. Provided by City: Table,microphone,computer,projector,and staff to assist with set up.
<br /> 7. Provided by Speaker/Performer: all other equipment necessary.
<br /> 8. City Contact Person(for coordinating purposes only): Dylan Dario x5118
<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 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.
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