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N-2019-200
<br />INSURANCE NOT ON FILE
<br />WORK MAY NOT PROCEED
<br />CLERK OF COUNCIL
<br />® DATE: OCT 0 1 2019
<br />h
<br />October 1, 2019
<br />Bevins Roadsiding, Inc.
<br />1980 Orchard Rd.
<br />Holtville, CA 92250
<br />Re: Bevins Roadsiding. Inc. -Performer Engagement Agreement
<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 />1. Event Description: Como La Flor: performance of Selena Quintanilla's greatest hits at the City's 150"' Celebration.
<br />2. Date(s): Sunday, October 27, 2019
<br />3. Event Time(s): 3pm-9pm, tentatively scheduled from 4pm-6pm. Exact time to be determined and will be provided,
<br />in writing by the City, two (2) weeks before the event date.
<br />4. Location: Centennial Park, 3000 E. Edinger Avenue, Santa Ana, CA ("Property")
<br />5. Compensation: $3,000; First half of the payment is due upon full execution of this Agreement. The remainder due
<br />within 30 calendar days of event. (payable by check to Bevins Roadsiding, Inc. Bevins to pay Como La Flor for
<br />performance)
<br />6. Equipment provided by City: 40 x 40 stage. Professional sound system and lighting will be provided.
<br />7. Equipment provided by Speaker/Performer: Speaker/Performer to provide their own musical instruments, as
<br />necessary. Any other materials requested by Speaker/Performer must be approved by the City prior to the Event.
<br />8. City Contact Person (for coordinating purposes only): Julie Cardenas 714-673-3619/ Melanie Torres
<br />(714) 757-0710.
<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 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/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, 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.
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