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INSURANCE UN FILE
<br /> wofiK WV PROULG N-2025-294
<br /> 'I i Y Ci_ER
<br /> Di L. "AN 05t4S
<br /> AGREEMENT FOR SERVICES
<br /> This Agreement is hereby made and entered into this 133 day of November , 2025, by and
<br /> between the City of Santa Ana, a charter city and municipal corporation of the State of California,
<br /> hereinafter referred to as the"City," and Travel Santa Ana, a California nonprofit corporation,hereinafter
<br /> referred to as"Contractor." City and Contractor shall collectively be referred to as the"Parties."
<br /> RECITALS
<br /> A. On July 1, 2025, the City Council adopted Resolution number 2025-032, hereinafter the
<br /> "Resolution,"renewing the Santa Ana Tourism Marketing District, hereinafter "SATMD,"in accordance
<br /> with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways
<br /> Code section 36600, et seq. "1994 Law."
<br /> B. Contractor was designated in the Resolution and SATMD Management District Plan as the
<br /> Owners' Association, in accordance with Streets and Highways Code section 36612, and the entity
<br /> responsible for managing the operations of the SATMD.
<br /> C. Streets and Highways Code section 3 665 1 requires that the City contract with the Owners'
<br /> Association for provision of SATMD services.
<br /> D. Contractor is willing to provide services to the City on the terms and conditions set forth
<br /> in this Agreement and in accordance with the SATMD Management District PIan.
<br /> NOW THEREFORE,it is agreed by and between the Parties that the foregoing Recitals are a substantive
<br /> part of this Agreement, and the following terms and conditions are approved and together with all exhibits
<br /> and attachments hereto,shall constitute the entire Agreement between the Parties:
<br /> I, Engagement.City hereby retains Contractor to provide the services described in Exhibit A,attached
<br /> hereto and incorporated herein by reference, and Contractor accepts such engagement.
<br /> 2. Term.The tenn of this Agreement shall begin on January 1, 2026,and end on December 31,2035,
<br /> or, if the SATMD is disestablished prior to December 31, 2035, the effective date of SATMD
<br /> disestablishment. This Agreement may also be terminated as provided in Section 18.
<br /> 3. Independent Contractor. No relationship of employer and employee is created by this Agreement;
<br /> it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the
<br /> agent or employee of the City in any capacity whatsoever, and the City shall not be liable for any
<br /> acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
<br /> A. Contractor shall have no claim under this Agreement or otherwise, for seniority,vacation
<br /> time,vacation pay,sick leave,personal time off, overtime,health insurance,medical care,
<br /> hospital care, retirement benefits, social security, disability, Workers' Compensation,
<br /> unemployment insurance benefits, civil service protection, or employee benefits of any
<br /> kind.
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