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INSURANCC NO (ON FELE WC Declaration on tla. <br />WORK MAY RLT PROCEED <br />CLERK OF COUNCV#eeda) <br />DATE: t I- T <br />0:PROS (/) <br />Silvia Cuevas <br />June 14,2018 <br />Deborah F. McIntosh ("Speaker/Performer") <br />23454 Darcy Lane <br />Newhall, California 91321-3924 <br />Re: Speaker/Performer Engagement Agreement <br />N-2018-124 <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 />i. Event Description: Historical Re-enactment.Services, Character: Betsy Ross (as described in the attached invoice <br />— Exhibit A) <br />2. Date(s): Tuesday, July 4, 2018 <br />3. Event Time(s): 5:30 p.m. to 9:30 p.m. <br />4. Location; Show will be presented at the Centennial Park, Santa Ana CA ("Property") <br />5. Compensation: $225 (payable by check within 30 calendar days of event) provided agreement is fully executed; <br />Speaker/Performer must provide IRS form W-9 before payment can be made. <br />6. Equipment provided by City: 2 tables. <br />7. Equipment provided by Speaker/Performer: all supplies, costumes, and equipment, required for the performance <br />8. City Contact Person (for coordinating purposes only): Sonia Batres (714) 571-4227 <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/Pcrformer, 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/Perfonner, 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. <br />