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INSURANCE ON FILE ' W/C 0A&4440W
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<br />19SURANCE EXPIRES
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<br />CLERK OF COUNCIL I�+y
<br />DATE: 2 2 2018 =r
<br />O: PRCS ( ® )
<br />Silvia Cuevas
<br />May 10, 2018
<br />Jeffrey Brian Abbit ("Speaker/Perfonner")
<br />dba Abbit the Average
<br />18 Hidalgo
<br />Irvine, CA 92620
<br />Re: Speaker/Performer En >agement Agreement
<br />N-2018-076
<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: Summer Reading Program event, (Comedy; Magic and Juggling)
<br />2. Date(s): Tuesday, June 12, 2018
<br />Event Time(s): 6:30PM
<br />4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana ("Property")
<br />5. Compensatiom $325.00 (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: No equipment provided, however, City is responsible for setting up the space for the
<br />patrons attending and advertising the program.
<br />7. Equipment provided by Speaker/Performer: all equipment, materials, supplies and personnel for each
<br />engagement.
<br />8. City Contact Person (for coordinating purposes only): Michelle Loem (714) 647-5231 or Lupita (714) 647-5283.
<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
<br />discretion or control over the professional manner in which Speaker/Performer performs the services that are the
<br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in
<br />a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and
<br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and
<br />shall be 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
<br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from
<br />the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees.
<br />It. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the
<br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges
<br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not
<br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of,
<br />by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event
<br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
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