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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE WR 19 2016 <br />Q.PRCS ( J ) <br />Silvia Cuevas <br />April 4, 2016 <br />Full Spectrum Educational Services, Inc. ("Speaker/Performer") <br />P.O. Box 596 <br />Dana Point, CA 92629 <br />Re: SneakarlParfonner Eaaement Aereement <br />a _t' . t,. <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 />L Event Description Face Painting, Train Rides, Balloon Twisting for "Dia de los Ninos" event <br />2. Date(s): April 23, 2016. <br />3. Event Time(s): Face Painting: 10:30 a.m. — 12:30 p:m.; Train Rides: 11:00 a.m. — 2:00 p.m.; Balloon Twisting: <br />12:30 p.m. — 2:30 p.m. <br />4. Location: Santa Ana Public Library ("Property") <br />5. Compensation: $1,075 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS <br />form W-9 before payment can be trade <br />6. Equipment provided by City: none <br />Equipment provided by Speaker/Performer: all equipment, materials, supplies and personnel necessary to provide <br />the services <br />S. City Contact Person (for coordinating purposes only): Elvia Hernandez <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 shalt 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 set -vices 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 />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 />