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INSURANCE ON FILE WC Declaration on file.
<br />WORK W PROCEED
<br />NTIL INSURANCE EXPIRES
<br />t : IJ-dn"i -/Y
<br />li/ CLERK OF COUNCIL
<br />DATE: JWG � 9ZD�B
<br />O: PRCS
<br />July 10, 2018 Silvia Cuevas
<br />Adrian'W. Merrit ("Speaker/Performer")
<br />dba Billy Honkers Magic
<br />39 North Slope Lanes
<br />Pomona, CA 91766
<br />Re: Speaker/Perfcrmer Engagement Agreement
<br />N-2018-155
<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: Billy BonkemMagic:Show Event.
<br />2. Date(s): Tuesday, July24, 2018
<br />Event Time(s): 6:30pm
<br />4. location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property")
<br />5. Compensation: $250.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS
<br />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 />services during event. A City employee will be present at all times during these services.
<br />8. City Contact Person (for coordinating purposes only): Michelle Lucia (7'14) 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
<br />to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion
<br />or control over the professional manner in which SpeakerlPerformer performs the services that are the subj ect matter
<br />of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner
<br />consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages,
<br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />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 representatives
<br />from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or
<br />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, by,
<br />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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