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06URANCE ON FILE iNc 044MM6h0
<br />WORK MAY PROCEED 01 .
<br />UNTIL INSURANCE EXPIRES
<br />CLERK OF COUNCIL a
<br />0: PON / ) loll 2015
<br />Silvia Cuevas
<br />April 18, 2018
<br />Creative Parties for Kids ("Speaker/Performer„„)
<br />337 E. Grove Ave
<br />Orange, CA 92865
<br />Re: Sneaker/Performer Engagement A eement
<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 />1. Event Description: Children's Day/Book Day (Dia de los Niiios) event.
<br />2. Date(s): Saturday, April 21, 2018
<br />3. Event Time(s): 11:30am — 1:30pm
<br />4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property„„)
<br />5. Compensation: $340.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS
<br />form W-9 before payment can be made.
<br />6. Equipment provided by City: No equipment provided, however, City is responsible for setting up the space for the
<br />patrons attending and advertising the program.
<br />7. Equipment provided by SpeakerlPerformer: All equipment, materials, supplies and personnel necessary to provide the
<br />entertainment services for two (2) costumed characters (Belle and Spiderman) for a period of two hours during event.
<br />8. City Contact Person (for coordinating purposes only): Michelle Loera (714) 647-5231
<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, his or her 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 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, 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 forever
<br />any and all claims, demands„ rights, and causes of action of any kind or nature against, and covenants not to sue, City,
<br />its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under
<br />each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition
<br />of the Property or City -provided equipment or Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance
<br />naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall
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