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INSURANCE ON FIRE <br />CCKMAY PROCEED <br />TILIN5URANCE EXNRFS <br />CLERK OF COUNCIL <br />VATE: <br />PRCs/(-(� <br />llvia Cuevas <br />s <br />October 27, 2015 <br />Happily Ever Laughter, LLC ("Speaker/Performer' <br />270 Canyon Oaks <br />Santa Crux, CA 95065 <br />Ike: Speaker/Performa m einent A eeinent <br />N-2015-172 <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: (1) face painter for City -produced "SO'MOS" (Sunday on Main Open Street) Event <br />2. Date(s): November 8, 2015 <br />3. Event Time(s): 9:00 aan, — 2:00 p.m.; face painter to perform services from 10:00 a.m. - 1:00 p.m. <br />4. Location: face painter to be stationed at location designated by City on Main Street in Santa Ana ("Property") <br />5, Compensation: $320 total; $180 payable by check upon full execution of this agreement and receipt of invoice; <br />�j5r $I+? payable by check at conclusion of event; Speaker/Performcr must provide IRS form W-9 before any <br />payment can be made <br />6. Equipment provided by City: table and two chairs <br />7, Equipment provided by Speaker/Performer: all face -painting supplies, including without limitation paint and <br />brushes <br />8. City Contact Person (for coordinating purposes only): Bill Sandoval <br />9, Independent Contractor: Speaker/Performer shall, during the entire tern 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-ernployce relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Speaker/Performer performs the services that are the <br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in <br />a manner consistent with all applicable standards and regulations. Speaker/ParT'ormer shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and <br />shall be responsible for all applicable withholding taxes. <br />10. Indermufication: Speaker/Perfonner, his or her agents, or employees (if applicable) agrees to and shall hndermify, <br />defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and <br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from <br />the negligence or willful misconduct of SpeakerlPcrd'ormer, his or her agents, or employees. <br />11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the <br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges <br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not <br />to site, City, its, elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, <br />by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event <br />relatinrs to the enndition of the Prnnarty nr Citv.nroviderl pntlinment nr CnenkerJAarfnn»er'a nae tharmnf <br />