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INSURANCE NOT ON FILE N-2023-220 <br />WORK MAY NOT PROCEED <br />CITY CLERK <br />DATE: r <br />(� �\ August 23, 2023 <br />Raul Martinez "El Diablito" <br />205 S. Myrtlewood St. <br />:v West Covina, CA 91791 <br />ro <br />Re: Sneaker/Performer Engagement Agreement <br />cn This letter represents your agreement with the Cityof Santa Ana("City" <br />) as entered into on the above date for the <br />engagement described below: <br />I. Event Description: Raul Martinez "El Diablito" ("Speaker/Performer") will provide master of ceremonies (MC) <br />services for Parks, Recreation and Community Services Agency, as further detailed in Exhibit A, attached hereto <br />and incorporated herein. The first performance will be held at the Fiestas Patrias event on Saturday, September 16, <br />2023. The second performance will be held at the Fiestas Patrias event on Sunday, September 17, 2023. <br />2. Date(s): Saturday, September 16, 2023 and Sunday, September 17, 2023. <br />3. Event Time(s): Saturday, September 16, 2023 at 12:00 p.m. — 8:00 p.m. <br />Sunday, September 17, 2023 at 12:00 p.m. — 8:00 p.m. <br />4. Location ("Property"): Flower St., Santa Ana, CA 92701 (event details to be provided in writing by City) <br />5. Compensation: Total amount not to exceed $2,000.00 under this Agreement (payable within 45 days of the event <br />pursuant to City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be <br />made <br />6. Provided by City: advertising the program, space for the patrons attending, stage, sound and lighting equipment, and <br />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): Monique Leon <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. Insurance: Insurance shall be procured and maintained by the Speaker/Performer as required by the City and as <br />further detailed in Exhibit B, attached hereto and incorporated herein. <br />11. 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 />