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INSURANCE ON FILE WORT( MAY PROCEED TIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: AUG 10 2016 O.PRCS( /) Silvia Cuevas July 20, 2016 Dream Shapers ("Speaker/Performer") P,O. Box 3831 Orange, CA 92865 Re: Speaker/Performer EnQap_ement Agreement N-2016-118 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: (2) stilt walkers for City -produced 5IG Run & Cielovia Event 2. Date(s). August 20, 2016 3. Event Time(s): 7:00 a.m. — 2:00 p.m.; stilt walkers to perform from 10:00 a.m. - 1:00 p.m. 4. Location: stilt walkers to perform at locations designated by City in Santa Ana ("Property") 5. Compensation: $800 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: none Equipment provided by Speaker/Performer, all stilt -walking supplies and equipment 8, City Contact Person (for coordinating purposes only): Bill Sandoval 9, Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a maturer consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11, Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with. the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City-providext equipment or Speaker/Performer's use thereof.