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01WA O <br />Tracy Lee Nelson & The Native Blues Band ("Speaker/Performer") <br />168-A Poomacha Road <br />Pauma Valley, CA 92061 <br />Re: Speaker/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. went Description: As further described in Exhibit A, attached hereto, the musical group, Tracy Lee Nelson & The <br />Native Blues Band, will provide a one (1) hour musical performance for PRCSA. The live performance will take <br />place at the City,s Indigenous Peoples Day event at a time to be coordinated with event staff. <br />2. Date(s): Saturday, October 8, 2022. <br />3. Event Time(s): 12:00 p.m. — 8:00 pm. <br />4. Location: Plaza of the Sun, 20 Civic Center Plaza, Santa Ana, CA 92701 ("Property") <br />S. Compensation: City agrees to pay and Speaker/Perfonmer agrees to accept as total payment for services to City, <br />including all travel expenses and performance, a total amount not to exceed $3,500 (payable on day of the event, <br />pursuant to City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be <br />wade.. <br />Speaker/Performer is responsible for direct payment to individual band members/performers. <br />6. Equipment provided by City: advertising the program, space for the patrons attending, stage, sound and lighting <br />equipment, and staff to assist with setup. <br />7. Equipment provided by Speaker/Performer: insurance as required by the City and further detailed in Exhibit B, list <br />of family friendly songs with lyrics to be approved by the City of Santa Ana prior to performance, and all other <br />equipment and materials necessary. <br />8. City Contact Person (for coordinating purposes only): Rodolfo Hernandez <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/Perfonmer, 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 />