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N-2024-365
<br /> INSURANCE ON FILE
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<br /> UNTIL INSURANCE EXP RES
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<br /> CITY
<br /> DATE. NOV 0 4 2024
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<br /> Gl tG$a O October 3,23,2024
<br /> Gabriela Pineault("Speaker/Performer")
<br /> 20107 Pintado
<br /> Irvine,California 92618
<br /> Re: Speaker/Performer Engagement Agreement
<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: Gabriela Pineault and her dance group, Leyenda Ballet Folklorico/Folklore Mexicano, will
<br /> conduct an Aztec dance performance at the Newhope library on Saturday,November 9,2024,as further detailed in
<br /> Exhibit A.
<br /> 2. Date(s): Saturday,November 9,2024.
<br /> 3. Event Time(s): 2:00 p.m.to 4:00 p.m.—or as alternatively agreed to by the parties.
<br /> 4. Location("Property"): Newhope Library located at 122 N.Newhope Santa Ana,CA 92704
<br /> 5. Compensation: The total amount for this Agreement shall not exceed $1,200.00 (payable by check within 45
<br /> calendar days of event). Speaker/Performer must provide IRS form W-9 before payment can be made.
<br /> 6. Provided by City: advertising the program,space for the patrons attending,and staff to setup the space for patrons.
<br /> 7. Provided by Speaker/Performer: Insurance as detailed in Exhibit B as well as all other equipment and materials
<br /> necessary,including,but not limited to,setting up puppets.
<br /> 8. City Contact Person(for coordinating purposes only): Dylan Dario x5118
<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 /> 11. Release: Speaker/Performer accepts any City-provided equipment used in connection with the performance in their
<br /> "as-is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all
<br /> claims,demands,rights,and causes of action of any kind or nature against,and covenants not to sue,City,its elected
<br /> officials,officers,employees,agents and volunteers,and all persons acting on behalf of,by,through or under each
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