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iANCE NOT ON FILE '0,=?K MAY Of PROCEED CLERK OF COUNCIL DATE: 0 = P"Pi U) (AlwftlM•1"r),, ego Septembera%, 2022 CV O `r Vyvyenne Luyen ("Speaker/Performer") 4255 Campus Drive Unit 6566 w Irvine, CA 92616-6566 Re: Speaker/Performer Engagement Agreement N-2022-283 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: Vyvyenne Luyen will perform co -emcee and provide Vietnamese language translation services for PRCSA, as further detailed in Exhibit A. The performance and services will take place at the City's Mid - Autumn Festival at times to be coordinated with event staff. 2. Date(s): Saturday, October 1, 2022. 3. Event Time(s): Saturday, October 1, 2022 at 4:00 p.m. — 9:00 p.m. 4. Location ("Property"): Rosita Park, 706 N. Newhope St., Santa Ana, CA 92703 5. Compensation: Total amount not to exceed $1,000 under this Agreement (payable within forty-five (45) days following receipt of invoice pursuant to City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Provided by City: advertising the program, space for the patrons attending, stage, sound and lighting equipment, and staff to assist with setup. 7. Provided by Speaker/Performer: insurance as required by the City and further detailed in Exhibit B, and all other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Juan Lars 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.