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INSURANCE ON FILE <br />V4:R'M1 NIAY PROCEED <br />UNTIL INSJRANC.E EXPIRES <br />CITY Cl 2024 <br />DATE: <br />a'. PFCl, CL) <br />( \rro 1�Yhhez�nMY <br />September 10, 2024 <br />Raul Martinez "El Diablito" <br />205 S. Myrtlewood St. <br />West Covina, CA 91791 <br />Re: Speaker/Performer Engagement Agreement <br />N-2024-308 <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" ("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 14, <br />2024. The second performance will be held at the Fiestas Patrias event on Sunday, September 15, 2024. <br />2. Date(s): Saturday, September 14, 2024 and Sunday, September 15, 2024. <br />3. Event Time(s): Saturday, September 14, 2024 at 12:00 p.m. —10:00 p.m. <br />Sunday, September 15, 2023 at 12:00 p.m. — 9:00 p.m. <br />4. Location ("Property"): 4' Street, Santa Ana, CA 92701 (event details to be provided in writing by City) <br />5. Compensation: Total amount not to exceed $5,000.00 under this Agreement (payable on day of the event pursuant <br />to City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be 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): Elena Martinez <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 to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />control over the professional manner in which Speaker/Performer performs the services that are the subject matter of <br />this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent <br />with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />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 />