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$o,)uhFtw%,t vo iIAE N-2017-063 <br />WORK MAY PROCEED <br />It INSURANCE EXFl [R <br />-1 eQ�MENT TO PROVIDE EVENT PERFORMANCE AND WORKSHOP <br />CLER OF COUNCIL COORRINATING SERVICES FOR CINCO DE MAYO FESTIVAL 2017 <br />DA: FRCS (f } ! 120 <br />Silvia Cuevas agreement is made and entered into this 1" day of May, 2017 by and between Yenny <br />Bernal dba Uplifting Soul Art Events ("Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. The City desires to retain a contractor to coordinate music performances for the Cinco de <br />Mayo Festival 2017 being produced by the City on May 6 and 7, 2017 ("Event"). <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall coordinate music performances for the Event as set forth in the scope of services <br />attached and incorporated as Exhibit A. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept, as total payment for its services, the total <br />sum of Four Thousand Four Hundred and Seventy Five Dollars ($4,475.00). <br />b. Payment by City shall be made within thirty (30) days following full execution of this <br />agreement, subject to City accounting procedures. Payment need not be made for work which fails to <br />meet the standards of performance set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and terminate on May 8, 2017, unless <br />terminated earlier in accordance with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />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 <br />discretion or control over the professional manner in which Contractor performs the services which are <br />Page 1 of 7 <br />