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6NSURANCE NOT REQUIRED M yJd�K my PROrFE4 CLERK OF COUNCIL, tIAS A 14 &R O: PRCS (/ ) Silvia C ev November 20a1 Sarah Hernandez ("Speaker/Performer") 13413 Riverside Drive, Apt. B Sherman Oaks, CA 91423 Re: Speaker/Performer Engagement Agreement N-2017-233 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: Children's Author will read "Coco: A Family Mystery" 2. Event Date(s): November 7, 2017 3. Event Time(s): 6:30 — 7:30 p.m. 4. Location: Main Library at 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property"). 5. Compensation: None 6. Equipment provided by City: None 7. Equipment provided by Speaker/Performer: All required materials 8. City Contact Person/Project Manager (for coordinating purposes only): Lupita Arroyo or Michelle Loera. 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 the Property and 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