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INSURANCE ON FILE
<br />WORK MAY PROCEED
<br />UNTIL INSURANCE EXPIRES
<br />CLERK OF COON IL
<br />DATE:, Pa. 1 D 2m
<br />0:PRCS(/)
<br />Silvia Cuevas
<br />June 25, 2018
<br />Shakespeare by the Sea ("Speaker/Performer")
<br />777 Centre Street
<br />San Pedro, CA 90731
<br />Re: Speaker/Performer Engagement Agreement
<br />N-2018-132
<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 />Event Description: Free Performance to the community of "The Winter's Tale" by William Shakespeare.
<br />2. Date(s): July 26, 2018
<br />3. Event Time(s): 7:00 p.m. to 9:00 p.m.; Speaker/Performer may begin setup of its equipment at 1:00 p.m. and will
<br />remove its equipment after the performance.
<br />4. Location: Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property")
<br />5. Compensation: $5,000.00 (Per Invoice — Exhibit A; payable by check at time of performance);
<br />Speaker/Performer must provide IRS form W-9 before payment can be made
<br />6. Equipment provided by City: 9K Whisper generator/spider box/special 100ft cord/chairs
<br />7. Equipment provided by Speaker/Performer: all equipment, props, costumes, materials, actors and personnel for
<br />engagement.
<br />8. City Contact Person (for coordinating purposes only): Erendira Moreno
<br />9. Independent Contractor: SpeakerlPerformer 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
<br />to 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 Speaker/Performer performs the services that are the
<br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in
<br />a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and
<br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and
<br />shall be responsible for all 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
<br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from
<br />the negligence or 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
<br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not
<br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of,
<br />by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event
<br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
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