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tlX-ui AxeE ON FILE <br />VORF MAY PROCEED <br />NTIL INSURANCE EXP_(RM,, <br />CLERK OF COUNCIL <br />DATE: JlR 1 1 2017 <br />O; PRCS (: ) <br />June 22, 2017 Silvia Cuevas <br />Gay Storm ("Speaker/Performer") <br />15241 Cascade Lane <br />Huntington Beach, California 92647 <br />Re: Speaker/Performer Engagement Agreement <br />A�eement <br />N-2017-131 <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: Statue of Liberty <br />2. Date(s): Tuesday, July 4, 2017 <br />Event Time(s): 4:00 p.m. to 8:00 p.m. <br />4. Location: Show will be presented at the Centennial Park, Santa Ana CA ("Property") <br />5. Compensation: $300 (payable by check within 30 calendar days of 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, 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 <br />discretion or control over the professional manner in which Speaker/Performer performs the services that are the <br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in <br />a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and <br />shall be 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 <br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from <br />the negligence or 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/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, <br />by, 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 />