INSURANCE ON FILE
<br />WORK MAY PROCEED
<br />UNTIL INSURANCE aEXPIRES
<br />CLER$,OF COUNCIL
<br />DATE . WIL 1 1 2017
<br />0: PRCS (I )
<br />Silvia Cuevas
<br />June 27, 2017
<br />Dream Shapers ("Speaker/Performer")
<br />P.O. Box 3831
<br />Orange, CA 92865
<br />Re: Speaker/Performer Engagement A rg cement
<br />N-2017-127
<br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the
<br />engagements described below:
<br />1. Event Description: Up to ten (10) variety -type performances including without limitation storytelling, music,
<br />puppetry, magic, animals, mimes, juggling, as further agreed upon by the parties for each performance
<br />2. Date(s): As specifically scheduled by the parties by mutual agreement during the period July 1, 2017 through June
<br />30, 2018; approximately one performance monthly
<br />3. Event Time(s): Each performance will be approximately one hour in length
<br />4. Location: Santa Ana Main Library or Newhope Library Learning Center ("Property")
<br />5. Compensation: Between $250 to maximum of $300 for each performance (payable by check within 30 calendar days
<br />of event); Speaker/Performer must provide IRS form W-9 before payment; total sum to be expended under this
<br />Agreement not to exceed $3,000.
<br />6. Equipment provided by City: none
<br />Equipment provided by Speaker/Performer: all equipment necessary for each performance
<br />8. City Contact Person (for coordinating purposes only): Lupita Arroyo or Michelle Loera
<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 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/Performer 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,
<br />defend, and hold harmless the City, its officers, agents, employees, consultants, 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, its agents, or its employees.
<br />it. 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 kind or
<br />nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and volunteers, and all
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