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INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE APR 1 4 1022 o % L-� ��,7(Mar;a CeL%4��s��e April 1% , 2022 Vietnamese Heritage Museum (VHM) ("Speaker/Performer") Attn: Chan Thuy, President P.O. Box 27372 Santa Ana, CA 92799 714-846-8438 info@vietnamesemuseum.org Re: Sneaker/Performer Engagement Agreement N-2022-100 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, VHM will conduct a book introduction program focusing on Les Bird's book, Along the Southern Boundary, featuring photos of the Vietnamese Boat People. Author Les Bird will share his story and his mission to serve the refugees. The event will be moderated by Tony Lam. 2. Date(s): Saturday, May 14, 2022 3. Event Time(s): 2:00 — 3:30 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $500.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: Table, microphone, computer, projector, and staff to assist with setup. 7. Equipment provided by Speaker/Perfonner: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Castro 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 subj ect 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 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 to sue, City, its elected