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ou. l�rprl �o ) <br />Ort5"(11vu1H) OF <br />May 16, 2023 <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CITY CLERK <br />DPTCJ0. , <br />0 2__> <br />Noteworthy Puppets, Inc. ("Speaker/Performer") <br />Attn: Kevin Noonchester, Owner <br />438 S Lincoln Pl. <br />N-2023-130 <br />Monrovia, CA 91016 <br />Re: Sneaker/Performer Engagement Agreement <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 provided in Exhibit A, attached hereto, Speaker/Performer shall perform Kid Zorro: <br />The Bilingual Puppet Musical and Three Little Pigs: The Puppet Musical programs on July 26 and 27 at the <br />Newhope Library and the Main Library. <br />2. Date(s): July 26, 2023 and July 27, 2023. <br />3. Event Time(s): July 26th: 4:00 p.m. — 4:45 p.m. at Newhope Library <br />July 27th: 11:30 a.m. —12:15 p.m. at Main Library <br />4. Location ("Property"): Newhope Library, 122 N Newhope St., Santa Ana, CA 92703 <br />Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 <br />5. Compensation: The total amount to be expended under this Agreement shall not exceed Nine Hundred Dollars and <br />Zero Cents ($900); Speaker/Performer must provide IRS form W-9 before payment can be made. <br />6. Provided by City: setup for the patrons attending and advertising the program. <br />7. Provided by Speaker/Performer: Insurance as prescribed in Exhibit B as well as other equipment and materials <br />necessary, including, but not limited to: all equipment, props, costumes, materials, actors, and personnel necessary <br />to perform the act. <br />8. City Contact Person (for coordinating purposes only): Ella 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. Speaker/Performer shall indemnify the <br />