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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: !AM 21 241s <br />®.1 <br />.Tune 2, 2016 <br />Franklin Haynes Marionettes ("Speaker/Performer") <br />1234 Muirfield Road <br />Riverside, California 92506 <br />Re: Streaker/Performer Enaanenent A �eement <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: Marionettes Show <br />2, Date(s): Tuesday, June 28, 2016 <br />3. Rvent Time(s): 6;30 pan. <br />4. I,ocatiou: Show will be presented at the Main Library, 26 Civic Center Plaza, Santa Ana CA 9270 1 C'Property") <br />5. Compensation: $350 (payable by check within 30 calendar clays of event); Speaker/Performer must provide IRS <br />form W-9 before payment can be made <br />6. Equipment provided by City: none <br />7, k;quipment provided by Speaker/Performer: all marionette show supplies, equipment, and personnel <br />8. City Contact Person (for coordinating purposes only): Lupita Arroyo <br />9. hrilependent 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/Perfornrer 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 maturer <br />consistent with all applicable standards and regulations. SpeakenPerformer 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 orher 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 ail loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or <br />willful misconduct of Speaker/Perforu er, his or her agents, or employees. <br />11. Release: Speaker/Performey 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 sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, <br />through or under each of them, under any present or future laws, statutes, or regulations for any claim or event <br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. <br />