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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 <br />