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<br />CLERK OF COUNCIL
<br />Q DATE:
<br />d: PRCSA (2)(Soniol5gtreS)DI
<br />March t7 , 2022
<br />Shakespeare by the Sea ("Speaker/Performer")
<br />777 Centre Street
<br />San Pedro, CA 90731
<br />Re: Speaker/Performer Engagement Agreement
<br />N-2022-105
<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: As further provided in Exhibit A, attached hereto, Speaker/Performer shall provide a free of the
<br />public performance of "Romeo and Juliet" by William Shakespeare.
<br />2. Date(s): Thursday, July 28, 2022.
<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 ("Property"): Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property").
<br />5. Compensation: $5,000.00 (payable by check on day of event); Speaker/Performer must provide IRS form W-9
<br />before payment can be made
<br />6. Provided by City: 9K Whisper generator/spider box and special 100-ft cord.
<br />7. Provided by Speaker/Performer: All other equipment an&materials necessary, including, but not limited to: all
<br />equipment, props, costumes, materials, actors, and 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 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 discretion
<br />or control over the professional manner in which Speaker/Performer performs the services that are the subject matter
<br />of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner
<br />consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages,
<br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />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 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 />II. 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, by,
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