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N-2015-128 I�k5�J4r�iG°t�r V�' : aV&1&iPVtY�1 - t1lfk!_l y CLERK OF QWW pd QAT At6C 18 2095 Silvia Cuevas August 7, 2015 Dream Shapers ("Speaker/Performer") P.O. Box 3831 Orange, CA 92865 Re: Speaker/Performer Engagement Agement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagements described below: Event Description: Up to ten (10) variety -type performances including without limitation storytelling, music, puppetry, magic, animals, mimes, juggling, as further agreed upon by the parties for each performance 2. Date(s): As specifically scheduled by the parties by mutual agreement during the period August 7, 2015 through June 30, 2016; approximately one performance monthly 3. Event Tune(s): Each performance will be approximately one hour in length 4. Location: Santa Ana Main Library or Newhope Library Learning Center ("Property") 5. Compensation: $250 for each performance (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made Equipment provided by City: none Equipment provided by Speaker/Performer: all equipment necessary for each performance 8. City Contact Person (for coordinating purposes only): Lupita Arroyo 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 joint 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, its agents, or its 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, its agents, or its employees. 11. Release: Speaker./Performer, its agents, and employees accept the Property and any City provided equipment used in connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of