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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: SEP 1 2 2019 ®2(LcitA August 30, 2019 Mr. Raul Martinez ("Speaker/Performer") 205 S. Myrtlewood St. West Covina, CA 91791 Re: Soeaker/Performer Engagement Agreement Dear Mr. Martinez: N-2019-177 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: Speaker/Performer will provide services as the master of ceremonies ("MC"), in a family - friendly manner, for the City's Fiestas Patrias ("Event") 2019. 2. Date(s): September 14-15, 2019. 3. Event Time(s): Saturday the 14i1 from 11:00 a.m. — 10:00 p.m. and Sunday the 15" from 1 I a.m. — 10 p.m. (set-up to begin at I0:00 a.m.) 4. Location: MC will perform services on the main stage on Flower Street, South of Civic Center Drive, North of 6°i Street in Santa Ana or at another Event location(s) to be designated by City ("Property"). 5. Compensation: $1,600 (payable by check within 30 calendar days of Event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: microphone and related sound equipment. Equipment provided by Speaker/Performer: None. 8. City Contact Person (for coordinating purposes only): Sonia Batres. 9. Independent Contractor: Speaker/Performer 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/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless 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, his or her agents, or employees. #6166v2