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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, <br />