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io <br />ry�URANCE NOT ON FILE <br />WORK MAY Of PROCEED <br />CLERK OF COUNCIL <br />N-2019-176 <br />® DATESEP 1 2 2019 <br />AGREEMENT TO PROVIDE STAGE MANAGER SERVICES FOR FIESTAS <br />PATRIAS 2019 <br />This agreement is made and entered into this loth day of September, 2019 by and between Jose <br />Manuel Garcia ("Contractor") and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City is producing its annual Fiestas Patrias event on Flower Street between Santa Ana <br />Boulevard and Sixth Street in Santa Ana on September 14-15, 2019 ("Event") and desires to <br />retain a stage manager for the Event. <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall provide stage manager services for City Fiestas Event, Saturday, September <br />14, 2019 from 12:00 p.m.-10:00 p.m. and Sunday, September 15, 2019 from 12:00 p.m. - 9:00 p.m. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for his services, a flat <br />fee of $500 per day. The total sum to be expended under this Agreement shall not exceed One <br />Thousand Dollars ($1,000.00) for the term of this agreement. <br />b. Payment by City shall be made within thirty (30) days following full execution of this <br />agreement, subject to City accounting procedures. Payment need not be made for work, which fails to <br />meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through the last day of <br />the Event, unless terminated as otherwise provided in this Agreement. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this 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 <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />Page 1 of 6 <br />