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WURNNCE ON FILE
<br />,,WK MAY PROCEED
<br />N�at. INSURANCE EXPIRES,
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<br />CLERK OF COUNCIL
<br />DATE 16 2Q111 0: PRCSW 'W -V
<br />I" Silvia Cuevas
<br />October 26, 2016
<br />RT Clown, Inc.
<br />461 Altura Way
<br />Manhattan Beach, CA 90260
<br />(310) 376.2250 FM (310) 376-2264
<br />www.rtclgwn.com
<br />Re: Sreaker/Perfanner Engagement Aercement
<br />N-2016-169
<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: (1) Santa Claus for City -produced "PLAZA NAVEDERA" Event
<br />2. Date(s): November 19, 2016
<br />3. Event Time(s): 5:00 p.m. — 8:00 p.m.; Santa Claus to perforin services from 5:00 p.m. - 8:00 p.m.
<br />4, Location: Santa Claus to be stationed at location designated by City on Main Street in Santa Ana ("Property")
<br />5. Compensation: $425 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: two chairs
<br />7. Equipment provided by Speaker/Performer: all Santa Claus supplieslattire,
<br />8. City Contact Person (for coordinating purposes only): Sonia Blares
<br />9, independent Contractor: Speaker/Performer shall, during the entire teml, of this Agreement, be construed to be an
<br />independent contractor and not all employee of the City, This Agreement is not intended nor shall it be construed
<br />to create oil orriployer-employee relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Speakvr[Performor performs the services that are the
<br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in
<br />a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and
<br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and
<br />shall be responsible for all applicable withholding taxes.
<br />I
<br />10. Indemnification: Speaker/Performer, his arber 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
<br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from
<br />the negligence or willftfl 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 sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of,
<br />by, through or under each of them, under ally 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.
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