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INSURANCE ON FILE WORK MAY PROCEED TIL INSURANCE EXPIRES 3-3/-/? a CLERK OF COUNCIL: DATE: I JtL 7 201 0: PRCS (j ) Silvia Cuevas June 25, 2018 Joseph Peek (" Speaker/Perfortner") DBA Panhead Music P.O. BOX 4323 Malibu, CA 90264 Re: Speaker/Performer Engagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagements described below: i. Event Description: Caribbean. Drum Circle --Interactive Music Performance Workshop; free event to the Community to experience and learn about the cultural significance of the steel drum and to participate in playing in a calypso band (see attached Exhibit A) 2. Date(s): Monday; July 9 2018 3. Event Time(s): 4:00 PM — 5:00 PM 4. Location: Newhope Library Learning Center; 1-22 N. Newhope Street, Santa Ana ("Property") 5. Compensation: VOO.00 per Invoice — Exhibit B (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment. 6. Equipment provided by City: None„ however, the City will be responsible for setting up the space for the patrons attending and advertising the program. 7. Equipment provided by Speaker/Performer: all equipment, materials, supplies and personnel necessary for the performance. 8. City Contact Person (for coordinating purposes only): Lupita Arroyo or Michelle Locra (714) 647-5231 9. Independent Contractor: Speaker/Pcrformer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. Indemnification: Speaker/Perfonner, its agents, or its employees (if applicable) agrees to and shall indemnify, defend, and hold harmlcss the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, its agents, or its employees, IL Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment used in connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and volunteers, and all