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N-2019A42 <br />INSURANCE ON FILE <br />VVORK MAY PROCEED <br />UNTIL IN RAN EE PjRES <br />CLERK OFCOUNCIL <br />`J -' <br />DATE, AUG 0 6 2019 <br />May 28, 2019 <br />Shakespeare by the Sea ("Speaker/Performer") <br />777 Centre Street <br />San Pedro, CA 90731 <br />Re: Sneaker/Performer Engagement Agreement <br />This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above <br />date for the engagement described below: <br />Event Description: Free Performance to the community of "The Comedy of Errors" by William <br />Shakespeare. <br />2. Date(s): Thursday, July 25, 2019. <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. <br />and will remove its equipment after the performance. <br />4. Location: Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property"). <br />Compensation: $5,000.00 (payable by check within 30 calendar days of event); Speaker/Performer must <br />provide IRS form W-9 before payment can be made. <br />6. Equipment provided by City: 9K Whisper generator/spider box/special 10011 cord. <br />Equipment provided by Speaker/Performer: all equipment, props, costumes, materials, actors and <br />personnel for engagement. <br />8. City Contact Person (for coordinating purposes only): Erendira Moreno (714) 571-4285. <br />9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed <br />to be an independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow <br />the City to exercise discretion or control over the professional manner in which Speaker/Performer <br />performs the services that are the subject matter of this Agreement; however, the services to be provided <br />by Speaker/Performer shall be provided in a manner consistent with all applicable standards and <br />regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall <br />indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special <br />counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's <br />