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INSURANCE 1 ON FILE <br />DATE:WORK MAY KU PROCEED <br />CLERK OF <br />C a7 <br />• <br />t 2016 <br />June 27, 2016 <br />Paul John Sharaba, Sr. ("Speaker/Perfonner") <br />7439 La Palma Ave #250 <br />Buena Park, California 90620 <br />Re: Speaker/Performer Engagement Agreement <br />N-2016-093 <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 />Event Description: Historical Re-enactment Services, Character: Benjamin Franklin <br />2. Date(s): Monday, July 4, 2016 <br />Event Time(s): 4:00 p.m, to 9:30 p.m. <br />4. Location: Show will be presented at the Centennial Park, Santa Ana CA ("Property") <br />Compensation: $225 (payable by check on the day of the event) provided agreement is fully executed; <br />Speaker/Performer 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 performance <br />8. City Contact Person (for coordinating purposes only): Sonia Batres <br />9. Independent Contractor: Speaker/Performer shall, dining the entire term of this Agreement, be construed to be an <br />independent contractor and not an employce. 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 the Property and any City -provided equipment used in connection with the <br />performance in their "as -is" condition, with all faults. Speaker/Perfanner 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/Performer's use thereof. <br />