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INSURANCE ON FIDE <br />WORK MAY PROCEED <br />ll)y,11L INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: 2 9 2099 <br />O. PRCS (/ ) <br />June 24, 2016 Silvia Cuevas <br />Professional Entertainment Consultants ("Provider") <br />6722 Timaru Circle <br />Cypress, CA 90630 <br />Re: Performer Engagement Agreement <br />This letter represents your agreement with the City of Santa Ana ("City") as furnishing and representing the services of <br />Performer below, as entered into on the above date for the engagement described below: <br />Services to be Provided: Band Performance by "Southland Mega Groove" ("Performer") <br />2, Date(s): Monday, July 4, 2016 <br />3. Time(s): Two-hour time slot between the hours of 5:30 p.m. and 8:30 p,m.; consisting of two 45 minute sets with a <br />15 minute break in between <br />4. Location: Performance will be presented at City -sponsored July 4" celebration at Centennial Park, located at 3000 <br />W, Edinger Ave, Santa Ana ("Property") <br />5, Compensation: $1,250 (payable by check on the clay of the event) provided agreement is fully executed; Provider <br />must provide IRS form W-9 before payment can be made <br />6. Equipment provided by City: sound amplification equipment and technician <br />To be supplied by Provider: all band members and individual instruments required for the performance <br />City Contact Person (for coordinating purposes only): Sonia Barnes <br />hidependent Contractor: Provider and Performer shall, during the entire term of this Agreement, be construed to <br />be independent contractors and not employees 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 Provider or Performer perform the services that are the subject <br />matter of this Agreement; however, the services to be provided by Provider and. Performer shall be provided in a <br />manner consistent with all applicable standards and regulations. Provider and Performer shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall <br />be responsible for all applicable withholding taxes, <br />10. Indentnification: Provider and Performer, or its agents or employees (if applicable) agree to and shall indemnify, <br />defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives <br />fi-om and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or <br />willful misconduct of Provider or Performer, or its agents or employees. <br />11, Release: Provider and Performer accept the Property and any City -provided equipment used in connection with the <br />performance in their "as -is" condition, with all faults, Provider and Performer fully release, waive and discharge <br />forever any and all claims, demands, rights, and causes of action of any kind or stature against, and covenant not to <br />sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, <br />