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HUSUARANCE ON HLE
<br />WORK MAY PROCEEOD
<br />UNTIL INSURANCE yipl';E3
<br />GL: 5 �a I"j &P
<br />ERK OF COUN L
<br />ATE;; A 21 2016
<br />O: PRCS/C/
<br />Silvia Cuevas
<br />July 18, 2016
<br />Shakespeare by the Sea ("Speaker/Performer")
<br />777 Centre Street
<br />San Pedro, CA 90731
<br />Re: Speaker/Perforner Enm4ement Agreement
<br />N-2016-103
<br />This letter represents your agreement with the City of Santa. Ana ("City") as entered into on the above date for the engagement
<br />described below:
<br />Event Description: Shakespeare in the Park / Performance of "Othello"
<br />2. Date(s): July 28, 2016
<br />3. Event Time(s): 7:00 p,m.
<br />4. Location: Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property")
<br />5. Compensation: $2,500 (payable by check at conclusion of event); Speaker/Performer must provide IRS form W-9
<br />before payment can be made
<br />6. Equipment provided by City: nene Generator
<br />7. Equipment provided by Speaker/Performer: all equipment, props, materials, and personnel for engagement
<br />8. City Contact Person (for coordinating purposes only): Frank Arroyo
<br />Independent Contractor: Speaker/Performer shall, during the entire tern 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 to
<br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or
<br />control over the professional manner in which Speaker/Performer performs the services that are the subject matter of
<br />this Agreement; however, the services to be provided by Speaker/Perfanner shall be provided in a manner consistent
<br />with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
<br />10. Indemnification: Speaker/Performer, its agents, or its employees (if applicable) agrees to and shall indemnify, defend,
<br />and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and
<br />against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful
<br />misconduct of Speaker/Performer, its agents, or its employees.
<br />11. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment used in
<br />connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees,
<br />fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or
<br />nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and volunteers, and all
<br />persons acting on behalf of, by, through or under each of them, Linder any present or future laws, statutes, or regulations
<br />for any claim or event relating to the condition of the Property or City -provided equipment.
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