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COMPLETE INSURANCE WORK MAY NUOT PROCEED CLERK OF COUNCIL (N;� tltltl e I Silvia Cuevas typ F' December The Frida Cinema ("Speaker/Performer") 305 E. 4°i Street, #100 Santa Ana, CA 92701 Re: Speaker/Performer Engagement A€seeruent N-2018-020 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: All Ages Drag Queen Storytime event. 2. Date(s): Saturday, February 24, 2018 3. Event Time(s): 12pm 4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 O'Property") 5. Compensation'$500 (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: Books andcraft materials 7. Equipment provided by Speaker/Perfonner: All program related materials including outreach materials and sound system. 8. City Contact Person (for coordinating purposes only): Cheryl Eberly x5288 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 employerrvernployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional tanner 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/Perfornier 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 officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof,