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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPi lnri ,' <br />(6r�KOAL COUNCIL <br />16 <br />O : PROS/ C/� — <br />Silvia Cuevas <br />July 8, 2016 <br />Full Spectrum Educational Services ("Speaker/Performer") <br />P.O. Box 596 <br />Dana Point CA 92629 <br />Re: .pgker/Performer Engaggment 1lgreement <br />B Fill f ,I <br />This letter represents your agreement with the City of Santa Ana ("City„) as entered into on the above date for the engagements <br />described below: <br />Event Description: Up to seven (7) variety -type performances including storytelling, music, puppetry, magic, animals, <br />mimes, juggling, and other party -type activities as further agreed upon by the parties for each engagement <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 Time(s): Each performance will be approximately one hour in length. <br />4. Location: Santa Ana Maui Library or Newhope Library Learning Center ("Property") <br />5. Compensation: Between $250 to maximum of $700 for each performance (payable by check within 30 calendar days <br />of event); Speaker/Performer must provide ARS form W-9 before payment can be made; total sum to be expended under <br />this Agreement shall not exceed $4,500 <br />6. Equipment provided by City: none <br />7. Equipment provided by Speaker/Performer: all equipment, materials, supplies and personnel for each engagement <br />8. City Contact Person (for coordinating purposes only): Lupita Arroyo <br />9. Independent Contractor: Speaker/Perforner 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 an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />control over the professional manner in which Speaker/Performer performs the services 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/Perfonner shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />10. Indemnification: Speaker/Performer, its agents, or its employees (if applicable) agrees to and shall indemnify, defend, <br />and hold harmless 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/Performer, its agents, and employees accept the Property and any City -provided equipment used in <br />connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, <br />fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kinq or <br />