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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: MAY 0 8 2023 I 9:p�rwrtl�(�ci(k�� (f,u&s) April 24, 2023 Hey Hey Entertainment ("Speaker/Performer") Attn: Richard Woloski 3441 Faust Ave. Long Beach, CA 90808 (562)420-1905 Re: Speaker/Performer Engagement Agreement N-2023-107 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: Hey Hey Entertainment will provide two performances for the library, as detailed in Exhibit A. The first performance will be held at the Main Library on Thursday, June 8, 2023. The second performance will be held at the Newhope Library on Wednesday, June 28th, 2023. 2. Date(s): Thursday, June 8, 2023 and Wednesday, June 28, 2023. 3. Event Time(s): June 8, 2023 11:30 a.m. — 12:15 p.m. June 28, 2023 4:00 p.m. — 4:45 p.m. 4. Location ("Property"): June 8, 2023 at Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 June 28, 2023 at Santa Ana Newhope Library, 122 N Newhope Street, Santa Ana, CA 92703 5. Compensation: The total amount for this Agreement shall not exceed $900 (payable by check within 45 calendar days of event); 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, and staff to setup the space for patrons. 7. Provided by Speaker/Performer: Insurance as detailed in Exhibit B as well as all other equipment and materials necessary, including, but not limited to, setting up puppets. 8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5269 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