si4t;t tIE`l FILE
<br />NAY PROCEED
<br />41IL INSURANCE EXPIRES
<br />CLERK OF COUNCIL
<br />DATE. WR 2 9 2016 r"
<br />0:PRCS(/ )
<br />Silvia Qu 16,vas
<br />Aprl2016
<br />Jose Manuel Garcia C"Speaker?Performer")
<br />918 S. Pacific Ave.
<br />Santa Ant, CA 92703
<br />Re: S eo aker/Performer Engagement Agreement
<br />Dear. Mr, Garcia:
<br />This letter represents your agreement with (tic City of Santa Ana ("City") as entered into on the above date for the
<br />engagement described below:
<br />1. Event Description: Singing Performance for Cinco de Mayo Event
<br />2. Date(s): April 30, 2016 - May 1, 2016
<br />3. Event Timc(s): 12:00 p.m. — 10:00 p.m, each day (set-up to begin at 6:00 a.m.); Speaker/Performer to play two
<br />sets of 45 minutes in length, one cacti on April 30 and May 1 at approximately 5:00 p.m.
<br />4. Location: Event stage
<br />5. Compensation: $800 (payable by check within 30 calendar days of event), Speaker/Performer must provide IRS
<br />form W-9 before payment can be made
<br />6. Equipment provided by City: none
<br />7, Equipment provided by Speaker/Perfoizner: Musical Instruments (Speakers, microphone, etc)
<br />8. City Contact Person (for coordinating purposes only): Hill Sandoval
<br />9, Independent Contactor: Speaker/Performer shall, during the entire tern 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
<br />discretion or control over the professional manner in which Speaker/Performer perforans the services that are the
<br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in
<br />a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and
<br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and
<br />shall be responsible for all applicable withholding taxes.
<br />10. hidemnification: 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
<br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising finm
<br />the negligence or willful misconduct of Speaker/Perfarmer, 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/Perforner fully releases, waives and discharges
<br />forever any and all claims, demands, 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,
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