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,ati,,QRAMCE ON FILE
<br />WORK MAY PROCEED
<br />WTILINSURANCE EXPIRES
<br />CLERK of'YC L 201
<br />DATE°,
<br />O: PRCS (/
<br />Silvia Cuevas
<br />October 14, 2018
<br />Creative Parties for Yids ("Speaker/Performer")
<br />337 E. Grove Ave
<br />Orange, CA 92865
<br />Re: aSpeaker/PerformerEneagemcntAgreement
<br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement
<br />described below:
<br />1. Event Description: Plaza Navidena event.
<br />2. Date(s): Saturday, November'17;'2018`
<br />3. Event Time(s): 5;00 pin - 8:00 pm.
<br />4. Location: Calle Quatro, Fourth Street and French Street, Santa Ana, CA ("Property")
<br />5. Compensation:. fr350k0O (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-
<br />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 patrons
<br />attending and advertising the program.
<br />7. Equipment provided by Speaker/Performer: All equipment, materials, supplies and personnel necessary to provide the
<br />entertainment services for two (2) costumed characters (Santa and Mrs. Claus) for a period of three hours during event.
<br />8. City Contact Person (for coordinating purposes only): Sonia Batres (714) 571-4227
<br />9. Independent Contractor: SpeakerlPerforner shall, during the entire term ofthis Agreement, be construed to be an independent
<br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
<br />employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional
<br />manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services
<br />to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations.
<br />Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
<br />taxes relating to employees and shall be responsible for all applicable withholding taxes.
<br />10. Indemnification: Speaker/Perfonner, his or her agents, or 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 against
<br />all loss, expenses, or liability (including costs and attorney's fees) arising from die negligence or willful misconduct of
<br />Speaker/Performer, his or her agents, or employees.
<br />11. Release: SpeakeePerformer accepts the Property and any City -provided equipment used in connection with the performance
<br />in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims,
<br />demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials,
<br />officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any
<br />present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided
<br />equipment or Speaker/Performer's use thereof.
<br />12. Commercial,General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance naming
<br />the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall 'include, but not be
<br />limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage
<br />to property, resulting from any act or occurrence arising out of Speaker/Performer's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the
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