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tN HANCE ON FILE <br />WORK MAY PROCEED <br />L INSURANCE EXPIRES <br />UERK OF COUNCIL <br />DATE: 'JUL 21 2x16 <br />0.PRCS( / <br />Silvia Cuevas <br />July 7, 2016 <br />Noteworthy Puppets Inc. ("Speaker/Performer") <br />438 S. Lincoln Place <br />Monrovia, CA 91016 <br />Ire: Socaler/Perfanner Enaaetnent Acreement <br />N-2016-101 <br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the alcove date for the engagements <br />described below: <br />1. Event Description: Up to three (3) variety -type performances including without limitation storytelling, music, puppetry, <br />magic, animals, mimes, juggling, as further agreed upon by the parties for each performance <br />2. Date(s): As specifically scheduled by the parties by mutual agreement during the period July 1, 2016.'through June 30, <br />2017 <br />3, Event T#ne(s): Each performance will be approximately one hour in length <br />4. Location: Santa Ana Main Library or Newhope Library Learning Center ("Property") <br />5. Compensation: $300 for each performance (payable by check within 30 calendar days of event), Speaker/Perforiner <br />must provide IRS form W-9 before payment can be made; total sum to be expended under this Agreement shall not <br />exceed $900 <br />6. Equipment ;provided by City: none <br />Equipment provided by Speaker/Performer: all equipment, nnaterials, supplies, and personnel necessary for each <br />performance <br />8. City Contact: Person (for coordinating put -poses only): Lupita Arroyo <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 shall it be construed to <br />create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />,control over the professional manner in which Speaker/Perforrner performs the serviees that are the subject matter of <br />this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent <br />with all applicable standards and regulations, Speaker/Performer shall pay all salaries and wages, employees social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />10. hudenntification: Speaker/Perforniee, its agents, or its employees (if applicable) agrees to and shall indemnify, defend, <br />and hold harudess the City, its officers, agents, employees, consultants, special counsel, and representatives from and <br />against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful <br />misconduct of Speaker/Performer, its agents, or its employees. <br />11. Release: Speaker/Perforrner, its agents, and employees accept the Property and any City -provided equipment used in <br />connection with the perfornnanee in "as -is" condition, with all faults. Speaker/Perfhrmer, its agents, and employees, <br />fully release, waive and discharge forever any and all claim,%, demands, rights, and causes of action of any kind or <br />