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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />1: f�-o? <br />CLERK OF COUNCIL <br />DATE: VAy 2 2 2018 <br />O: PRCS ( ®) <br />Silvia Cuevas <br />May 10, 2018 <br />Creative Parties for Kids ("Speaker/Performer") <br />337 E. Grove Ave <br />Orange, CA 92867 <br />Re: Sneaker/Performer Engagement Agreement <br />N-2018-077 <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: Santa Ana Public Library 2018 Summer Programs Kick-off Event. <br />2. Date(s): Saturday, May 19, 2018 <br />3. Event Time(s): 10:00am—12:OOpm <br />4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") <br />5. Compensation: $225.00 (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 necessary to provide <br />Airbrush Tattoos services for a period of two hours during event. A City employee will be present at booth at all <br />times during these services. <br />8. City Contact Person (for coordinating purposes only): Patty Lopez (714) 647-5325 <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 />1.0. 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 />IL 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. <br />