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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL. INSURANCE EXPIRES <br />CLERK OF COUNCILOY <br />f <br />DATE: AN 2 2 2016 <br />& pRcso1 <br />5,1 MaCue\0,3 <br />June 9, 2016 <br />Peter M. Small ("Speaker/Performer") <br />P.O. Box 3452 <br />Fullerton, California 92834 <br />Re: Speaker/Performer Engagement Agreement <br />N-2016-084 <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: Historical Re-enactment Services, character: George Washington <br />2. Date(s): Monday, July 4, 2016 <br />3. Event Time(s): 6:00 pm to 9:30 p.m. <br />4. Location: Show will be presented at �I+Raarp;z'tiCrw si ftnt­�, Santa Ana CA 942-T*("Property„) <br />5. Compensation: $225 (payable by check on the day of the event) provided agreement is fully executed; <br />SpeakerlPerformer must provide IRS form W-9 before payment can be made <br />6. Equipment provided by City: none <br />7. Equipment provided by Speaker/Performer: all supplies, costumes, and equipment, required for the show <br />8. City Contact Person (for coordinating purposes only): Sonia Buttes <br />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 />IL Release: Speaker/Perfortner 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, <br />through or under each of them, 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 Speaker/Perfortmer's use thereof. <br />