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e NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />w ••;' <br />(MIu I� ") <br />September i5 , 2022 <br />N Raul Martinez "El Diablito" ("Speaker/Performer") <br />CIQ 0 205 S. Myrtlewood St. <br />n West Covina, CA 91791 <br />Cl- Re: Sneaker/Performer Engagement Agreement <br />y <br />n <br />N-2022-267 <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: Raul Martinez "El Diablito" will provide master of ceremonies (MC) services for PRCSA, as <br />further detailed in Exhibit A. The first performance will be held at the Fiestas Patrias event on Saturday, September <br />17, 2022. The second performance will be held at the Fiestas Patrias event on Sunday, September 18, 2022 <br />2. Date(s): Saturday, September 17, 2022 and Sunday, September 18, 2022 <br />3. Event Time(s): Saturday, September 17, 2022 at 12:00 p.m. — 8:00 p.m <br />Sunday, September 18, 2022 at 12:00 p.m. — 8:00 p.m. <br />4. Location ("Property"): Flower St., Santa Ana, CA 92701 <br />5. Compensation: Total amount. not to exceed $2,000 under this Agreement (payable on day of the event pursuant to <br />City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be made <br />6. Provided by City: insurance as required by the City and further detailed in Exhibit B, advertising the program, space <br />for the patrons attending, stage, sound and lighting equipment, and staff to assist with setup. <br />7. Provided by Speaker/Performer: All other equipment and materials necessary. <br />8. City Contact Person (for coordinating purposes only): Juan Lara <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 />