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INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CLERK OF COUNCIL
<br />DATE:
<br />MAY 0 3 2023 win
<br />April 24, 2023
<br />Melody A. Seanoa dba TUPUA Production ("Speaker/Performer")
<br />3480 W. Warner Ave., Suite D
<br />Santa Ana, CA 92704
<br />Re: Speaker/Performer Engagement Agreement
<br />N-2023-104
<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, attached hereto, in celebration of Asian American and Pacific
<br />Islander Heritage Month TUPUA Production will present a 35-40 minute Polynesian Variety Show. This family
<br />show is free and open to all ages and will contain audience participation.
<br />2. Date(s): Saturday, May 20, 2023.
<br />3. Event Time(s): 2:00 p.m. — 3:00 p.m.
<br />4. Location: Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701
<br />5. Compensation: $1,200.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide
<br />IRS form W-9 before payment can be made.
<br />6. Equipment provided by City: microphone, projector, tables and chairs.
<br />7. Equipment provided by Speaker/Performer: All other equipment and materials necessary.
<br />8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265
<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 any City -provided equipment used in connection with the performance in their
<br />"as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all
<br />claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected
<br />officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each
<br />of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of
<br />the City -provided equipment or Speaker/Performer's use thereof.
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