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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: August 2022 ro Rebeca King ("Speaker/Performer") "4 127 Shapley Way car San Clemente, CA 92672 CQ Re: Sueaker/Performer Engagement Agreement N-2022-226 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: Rebeca King will provide two, 45-minute performances for the Movie Night in the Park showing of Encanto on August 31, 2022. The first performance will be photos with the public and balloon artist services. The second performance will include facilitating a sing -a -long with the audience. 2. Date(s): Wednesday, August 31, 2022. 3. Event Time(s): 5:30 pm — 6:15 pm: Photos with guestsiballoon animals (45 min) 6:15 pm — 6:30 pm: Break (15 min) 6:30 pm — 7:15 pm: Performance/Sing-A-Long (45 min) 4. Location ("Property"): Memorial Park, 2102 S. Flower St., Santa Ana, CA 92707 5. Compensation: Speaker/Performer shall be paid an amount not to exceed Four Hundred Eighty Dollars and Zero Cents ($480.00), as further detailed in Exhibit A (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Provided by City: advertising the program, space for the patrons attending, and staff to setup the space for patrons. 7. Provided by Speaker/Performer: All other equipment and materials necessary, including, but not limited to: costume and make up. 8. City Contact Person (for coordinating purposes only): Sonia Buttes 9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a j oint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges