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Letter Agreement - Bill Nelson, Fresh Beginnings Ministries
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<br />7. Equipment provided by Speaker/Performer: All equipment necessary for the
<br />presentation, including laptop and printed material.
<br />8. City Contact Person (for coordinating purposes only): Terri Eggers
<br />9. Independent Contractor: Speaker/Performer shall, during the entire term of this
<br />Agreement, be construed to be an independent contractor and not an employee of
<br />the City. This Agreement is not intended nor shall it be construed to create an
<br />employer -employee relationship, a joint venture relationship, or to allow the City to
<br />exercise discretion or control over the professional manner in which
<br />Speaker/Performer performs the services that are the subject matter of this
<br />Agreement; however, the services to be provided by Speaker/Performer shall be
<br />provided in a manner consistent with all applicable standards and regulations.
<br />Speaker/Performer shall pay all salaries and wages, employer's social security
<br />taxes, unemployment insurance and similar taxes relating to employees and shall
<br />be responsible for all applicable withholding taxes.
<br />10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable)
<br />agrees to and shall indemnify, defend, and hold harmless the City, its officers,
<br />agents, employees, consultants, special counsel, and representatives from and
<br />against all loss, expenses, or liability (including costs and attorney's fees) arising
<br />from the negligence or willful misconduct of Speaker/Performer, his or her agents,
<br />or employees.
<br />11. Release: Speaker/Performer accepts the Property and any City -provided
<br />equipment used in connection with the performance in their "as -is" condition, with
<br />all faults. Speaker/Performer fully releases, waives and discharges forever any and
<br />all claims, demands, rights, and causes of action of any kind or nature against, and
<br />covenants not to sue, City, its elected officials, officers, employees, agents and
<br />volunteers, and all persons acting on behalf of, by, through or under each of them,
<br />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
<br />Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain
<br />commercial general liability insurance naming the City, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s) and shall include,
<br />but not be limited to protection against claims arising from bodily and personal
<br />injury, including death resulting therefrom and damage to property, resulting from
<br />any act or occurrence arising out of Speaker/Performer's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles.
<br />The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence, with
<br />$2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers,
<br />employees, agents, volunteers, and representatives as additional
<br />SANTA ANA CITY COUNCIL
<br />Miguel A. Pulido Juan Villages Vicente Sarmienm David Penaloza Jose Solaria Phil Bacerra Cecilia Igle
<br />Mayor Mayor Pro Tern, Ward 5 Ward1 Ward Ward Ward4 Ward6
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