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INSURANCE ON FILE WC Declaration on file, <br />WORK MAY PROCEED <br />NTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />OATS, <br />0: PRCS (/) AUG 0 9 201 <br />Silvia Cuevas <br />July 26, 2018 <br />Allen R. Oshiro ("Speaker/Performer") <br />dba ;Illusions by Allen <br />IN62, Correnti Street <br />Pacoima, CA 91331 <br />Re: Speaker/1erformer Engagement Agreement <br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagements <br />described below: <br />I. Event Description: Magic Show <br />2, Date(s): Wednesday, August 1, 2018 and Thursday, August 2„:2018 <br />3. Event Time(s): August P91 6-7pmand August 2* 5:30-6:30pm <br />4. Location: Santa Ana Senior Center 424 W. 3cd Street and Santa Ana Main Library 26 Civic Center Plaza, Santa Ana <br />CA ("Property"). <br />5. Compensation: Three Hundred and 'Twenty -Five Dollars ($325) for each performance (payable by check within 30 <br />calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. Total amount <br />not to exceed Six Hundred and Fifty Dollars ($650). <br />& Equipment provided by City: No equipment, however, the City will be responsible for room set up and advertising the <br />program <br />7. Equipment provided by Speaker/Perfotmer: all equipment, materials, supplies, and personnel necessary for magic <br />show. <br />8. City Contact Person (for coordinating purposes only): Patty Lopez 714 647-5325 & Michelle Loera 714 647-5231 <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 to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />control over the professional manner in which Speaker/Performer performs the services that are the subject matter of <br />this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent <br />with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />10. Indemnification: Speaker/Performer, its agents, or its employees (if applicable) agrees to and shall indemnify, defend, <br />and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and <br />against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful <br />misconduct of Speaker/Performer, its agents, or its employees. <br />It. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment used in <br />connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, <br />fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or <br />