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INSURANCE ON FILE <br />WORK MAY PROCEED <br />OXTIL INSURANCE EXPIRES <br />16-1-14 <br />ATE: OF COUNCIL 2 2 <br />>Ai'E <br />209 <br />O. PRCS (/ ) <br />July 20, 2016 Silvia Cuevas <br />Happily Ever Laughter, LLC ("Speaker/Performer") <br />1205 Pacific Avenue, Suite 301 <br />Santa. Cruz, CA 95060 <br />Re: Speaker/Performer Eneaaenmeti A reement <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 />I . Event Description: (2) face painters for City -produced 5K Run. and Ciclovia Event in downtown Santa Ana <br />2. Date(s): August 20, 2016 <br />3, Event Time(s): 9:30 a.m. — 1:30 p.m.; face painters to perform services during this time, <br />4. Location: Face painters to be stationed at location designated by City at Event site ("Property") <br />5. Compensation: $470 total (payable by check at conclusion of Event); Speaker/Performer must provide IRS form <br />W-9 before any payment can be made <br />6. Equipment provided by City: 1 table and 2 chairs for each face painter <br />Equipment provided by Speaker/Performer: all face -painting supplies, including without limitation paint and <br />brushes <br />& City Contact Person (for coordinating purposes only): Bill. Sandoval or Carmen Acosta <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 <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 services 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, constdtants, 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 />to site, 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 />