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d. Contractor shall provide a performance by musical artist Banda Los Sebastianes <br />("Artist" or collectively as "Artists"), as further detailed in Exhibit D, for the <br />City's Fiestas Patrias Event on September 17, 2023. Contractor shall ensure that <br />Banda Los Sebastianes provides a sixty (60) minute live musical performance, <br />beginning at or around 8:00 p.m. PST at the location specified, in writing, by City <br />staff. <br />e. Contractor must provide song list of family friendly, clean edit songs with lyrics <br />to be approved by the City of Santa Ana prior to performance. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />for City, including all travel expenses and performances by Artists, the rates and <br />charges identified in Exhibits A, B, C, and D. The total amount to be expended <br />under this Agreement shall not exceed One -Hundred Twenty -Two Thousand <br />Dollars and Zero Cents ($122,000). <br />b. Union fees, manager and/or agent commissions, and insurance obligations are part <br />of the cost of production and City shall not be liable or responsible for any such <br />payments under this Agreement. <br />C. Contractor will be responsible for paying the Artists procured pursuant to this <br />Agreement directly and will be responsible for compliance with all applicable wage <br />and hour laws, tax withholding, and any other applicable laws. Contractor agrees <br />to indemnify, hold harmless, and defend the City, its officials, employees, agents <br />and volunteers from any claim or lawsuit wherein it is alleged that Artist(s) retained <br />pursuant to this Agreement were not paid; not paid what was owed; or any wage, <br />hour or tax obligation which is alleged to have resulted pursuant to this Agreement. <br />d. Payment of deposit for Marilyn Odessa of Six Thousand Dollars and Zero Cents <br />($6,000) shall be processed upon execution of Agreement and receipt of an <br />invoice by the City, subject to City accounting procedures. <br />C. Payment of deposit for Kumbia All Starz performance of Twenty -Three Thousand, <br />Five Hundred Dollars and Zero Cents ($23,500) shall be processed upon execution <br />of Agreement and receipt of an invoice by the City, subject to City accounting <br />procedures. <br />f. Payment of deposit for Graciela Beltran performance of Seven Thousand, Five <br />Hundred Dollars and Zero Cents ($7,500) shall be processed upon execution of <br />Agreement and receipt of an invoice by the City, subject to City accounting <br />procedures. <br />g. Payment of deposit for Banda Los Sebastianes performance of Twenty -Four <br />Thousand Dollars and Zero Cents ($24,000) shall be processed upon execution of <br />Page 2 of 11 <br />