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INSURANCE NOT REQUIRED <br />N-2023-041 <br />WORK MAY PROCEED <br />CLERK OF THE COUNCIL is <br />DATE' <br />� ramN.,• , 2023 <br />(Month) (Day) <br />M <br />tiMagic Makers Entertainment dba Richard the Magician ("Speaker/Performer") <br />C0 352 S. Center St. <br />c 1 Orange, CA 92866 <br />rn 714-318-7538 <br />richard rArichardthemaeician.com <br />�� <br />Re: S cer/Performer Engagement Agreement <br />(�Ug p• CSC -�-- <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: As further described in Exhibit A, attached hereto, Richard the Magician will provide live, in - <br />person performances for the City Library. <br />2. Date(s): Wednesday, May 24, 2023; <br />Wednesday, May 31, 2023. <br />3. Event Time(s): 6:30 p.m. — 7:15 p.m. <br />4. Location: Wednesday, May 24, 2023 at 26 Civic Center Plaza, Santa Ana, CA 92701 <br />Wednesday, May 31, 2023 at 122 N. Newhope Street, Santa Ana, CA 92703 <br />5. Compensation: $625.00 (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: setting up the space for patrons attending and advertising the program. <br />7. Equipment provided by Speaker/Performer: Insurance as further detailed in Exhibit B and all other equipment and <br />materials necessary. <br />8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265 <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 Speaker/Performer performs the services that are the subject 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 />