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,iu ON FILE •.r.::iAY PROCEED N-2021-059 APR 0 7 2021 iNSURANCE EXPIRES -. OF COUNCIL AGREEMENT FOR SERVICES y "Thus Agreement is hereby made and entered into this j day of X 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Travel Santa Ana, a California corporation ("Contractor"). City and Contractor shall collectively be referred to as the "Parties." RECITALS A. On November 17, 2020, the City Council adopted Resolution No. 20-091 ("Resolution") creating the Santa Ana Tourism Marketing District ("SATMD"), in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600, et seq. ("1994 Law"). B. Contractor was designated in the Resolution and SATMD Management District Plan as the Owners' Association, in accordance with Streets and Highways Code section 36612, and the entity responsible for managing the operations of the SATMD. C. Streets and Highways Code section 36651 requires a contract between the City and the Owners' Association. D. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement and in accordance with the SATMD Management District Plan. NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the Parties: Engagement. City hereby retains Contractor to provide the services described in Exhibit A, attached hereto and incorporated herein by reference, and Contractor accepts such engagement. 2. Term. The term of this Agreement shall begin on the last date signed by all Parties and end on December 31, 2025, or, if the SATMD is disestablished prior to December 31, 2025, the effective date of SATMD disestablishment. This Agreement may also be terminated as provided in Section Is. 3. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and the City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind.