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INSURANCE ON FILE
<br />WORK MAY PROCEED
<br />UNTIL INSURANCE EXPIRES
<br />CLERK OF COUNCIL
<br />ODATE: DEC 1 0 2015
<br />: PRCS/
<br />Silvia
<br />DecembUerUe�,It15
<br />Mariaebi Malibu, A Division of Party Time Entertainment ("SpeakerlPerformer")
<br />911 Lincoln Blvd, #3
<br />Santa Monica, CA 90403
<br />Re: Streaker/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. Event Description: Mariachi performance for City -produced "Plaza NavideTa" Event
<br />2. Date(s): December 12, 2015
<br />3. Event Time(s): Mariachi Malibu to provide Mariaebi entertainment from 6:00 p.m. — 7:45 p.m.; general hours of
<br />event are 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: $1,025 total; payable by check at conclusion of event; Speaker/Performer must provide IIS form
<br />W-9 before any payment can be made; additional time is $260 per thirty minutes
<br />6. Equipment provided by City: parking only
<br />7. Equipment provided by SpeakeriPerfornner: 5 -piece mariachi band in costume, including all instruments and
<br />equipment necessary for performance
<br />8. City Contact Person (for coordinating purposes only): Rudy 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 secirrity taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />10. 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/Perfinrrner, his or her agents, or employees.
<br />11. 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, demands, rights, and causes of action of any kind or nature against, andcovenants 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 them, under any present or future laws, statutes, or regulations for any claim, or event
<br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
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