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INSURANCE ON FILE. WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATF, -1 A 2DAI O: PRCS (/ ) November 2, 2017 Silvia Cuevas R.T. Clown, Inc. 461 Altura Way Manhattan Beach, CA 90266 (310) 376-2250 FAX (310) 376-2264 www.rtclown.com Re: Speaker/Performer Engagement Agreement N-2017-236 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: (1) Santa Claus for City -produced "PLAZA NAVIDENA" Event 2. Date(s): November 18, 2017 3. Event Time(s): 5:00 p.m. — 8:00 p.m.; Santa Claus to perform services from 5:00 p.m. - 8:00 p.m. 4. Location: Santa Claus to be stationed at location designated by City on Main Street in Santa Ana ("Property") 5. Compensation: $425 total; $71 will be deducted from total payment for every 30 minutes the character is late. Payment will be made after the event upon execution of agreement and receipt of approved invoice; Speaker/Performer must provide IRS form W-9 before any payment can be made 6. Equipment provided by City: two chairs 7. Equipment provided by Speaker/Performer: all Santa Claus supplies/attire. 8. City Contact Person (for coordinating purposes only): Sonia Batres 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 manner 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. 1 I. 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,