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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLERK DATE: O; Y'ir-J+lAavtilsut May 31, 2023 NShakespeare by the Sea ("Speaker/Performer") co Attn: Stephanie A. Coltrin, Festival Producer N 777 Centre Street San Pedro, CA 90731 Re: Speaker/Performer Engagement Agreement N-2023-153 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: As further provided in Exhibit A, attached hereto, Speaker/Performer shall provide free for the public performances of works by William Shakespeare. 2. Date(s): July 22, 2023 3. Event Time(s): 7:00 p.m. — 9:00 p.m. 4. Location ("Property"): Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property"). 5. Compensation: The total amount to be expended under this Agreement shall not exceed Six Thousand Dollars and Zero Cents ($6,000); Speaker/Performer must provide IRS form W-9 before payment can be made. a. Payment of half of invoiced amount for each event shall be processed and paid one month prior to the event, subject to City accounting procedures. b. Remaining balance shall be processed and paid immediately after the event, subject to City accounting procedures. C. Payment need not be made for work that fails to meet the standards of performance that may reasonably be expected by City. 6. Provided by City: 9K Whisper generator/spider box and special 100-ft cord. 7. Provided by Speaker/Performer: Insurance as prescribed in Exhibit B as well as other equipment and materials necessary, including, but not limited to: all equipment, props, costumes, materials, actors, and personnel for engagement. 8. City Contact Person (for coordinating purposes only): Elena Martinez x4286 9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.