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goe <br />mSURANCE T ON FILE <br />WORK MAY PROCEED <br />CLERK U COUNCIL <br />DATE: 0-3-0 <br />O: PRCS <br />October 30, 2017 Silvia Cuevas <br />Lirvaneethza Cook ("Speak er/Performer") dba Indigo Cook Crafts <br />12733 Downey Ave. <br />Downey, California 90242 <br />Re: Speaker/Performer Engagement Agreement <br />N-2017-228 <br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for <br />the engagement described below: <br />Event Description: Dia de los Muertos Craft Workshop <br />2. Event Date(s): November 2, 2017 <br />Event Time(s): 6:00 — 8:00 p.m. <br />4. Location: Main Library at 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property"). <br />5. Compensation: $300 (payable by check within 30 calendar days of event); Speaker/Performer must <br />provide IRS firm W-9 before payment can be made <br />6. Equipment provided by City: None <br />7. Equipment provided by Speaker/Performer: All required supplies and equipment <br />8. City Contact Person/Project Manager (for coordinating purposes only): Olga Morphew <br />Independent Contractor: Speaker/Performer shall, during the entire tern of this Agreement, be <br />construed to he an independent contractor and not an employee of the City. This Agreement is not <br />intended nor shall it be construed to create an employer -employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional manner in which <br />Speaker/Performer performs the services that are the subject matter of this Agreement; however, the <br />services to be provided by Speaker/Performer shall be provided in a manner consistent with all <br />applicable standards and regulations. Speaker/Performer shalt pay all salaries and wages, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shalt be <br />responsible for all applicable withholding taxes. <br />10. Indcinnification: 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 <br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from <br />the negligence or willful misconduct of SpeakerPcrfonner, his or her agents, or employees. <br />11. Release: Speaker/Pcrfbriner accepts the Properly and any City -provided equipment used in connection with the <br />performance in their "as -is" condition, with oll faults. Speaker/Pcrfnmer fully releases, waives and discharges <br />forever any and all claims, damands, rights, and causes of action of any kind or nature against, and covenants not <br />