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INSURANCE ON FILE <br />WOK MolY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF VLUtC16 9 <br />DATE: <br />December 3, 2015 <br />0 Sotclovision, Ine. dba A Night to Remember Events ('Speaker/Perforraer") <br />2 17660 Newhope Street, Suite A <br />4 Fountain Valley, CA 92708 <br />Ow <br />Re: Spea�kqr/2erfbrrner Enagement AcreemeLit <br />g, <br />N-2015-178 <br />'Phis letter represents your aggreemont with the City of Santa Ara ("City") as entered into on the above date for flit <br />engagement described below: <br />Event Description: DJ performance for City -produced "Plaza Navidefia" Event <br />1 Date(s): December 12, 2015 <br />3. Event `fitno(s): DJ to perform from 5:00 p.m, ­ 8:00 pan. (set -tip to begin at 2:00 p.m.); genQj-,qt hours of event are <br />5:00 p.m, ­ 8:00 p.m. <br />4, Location: Plaza Santa Ana, at corner of French and FOUrth Streets ("Property"} <br />5. Compensation: $1,300 total; payable by check at conclusion of event; Speaker/Performer must provide IRS form <br />W-9 before any payment can be made <br />6. Equipment provided by City: none <br />7. Equipment provided by Speaker/Performer: all equipment noessary for perforniance, including, but not limited to <br />two DJ technicians, speakers, laptop/music, misers, microphones, headphones, and lighting <br />8. City Contact Person (for coordinating purposes only): Rudy Hernandez <br />9. independent Contractor; Speaker/Performer shall, daring the entire term of this Agreement, be construed to be it], <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 rel itionslup, a j oint 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. SpeakerMerformer 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 />M Indemnification: Speaker/Performer, his or her agents, or chiployees (if applicable) agrees to and shall indeirinify, <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 ol� <br />willful misconduct of Speker/Perfarmer, his or her agents, or employees. <br />I]. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the <br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges <br />forever any and all claims, deinands, rights, and causes of action of any kind or nature against, and covenants not <br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, <br />through or under each of thorn, under any present or future laws, statutes, of regulations for any claint or event <br />relating to the condition of the Property or City -provided equipment or Speakcidlerfornier's use thereof. <br />