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INSURANCE ON FILE <br />2W RK INAY PROCEED <br />TIL INSURANCE EXPIRES <br />CLERK OF GOUNCiI <br />DATE. <br />0.PRCS(1) 11" 19 20% <br />Silvia Cuevas <br />August 5, 2016 <br />Duo DJ Services ("Speaker/Perforner") <br />7735 Pickering Ave, #4 <br />Whittier, CA 90602 <br />Re: SpeakerfPerformer Eneaaement Agreement <br />N-2016-124 <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 />Event Description: DJ Performance for DI SA 5K Run and Ciclovia Event <br />2. Date(s): August 20, 2016 <br />3, Event Time(s): 8:00 a.m. -- 2:00 p.m. <br />4. Location: DJ will play in two (s) locations along Main Street in Santa Ana, to be specified by City ("Property") <br />5. Compensation: $1,500 (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 />T Equipment provided by SpeakeriTerformer: all equipment necessary, including without limitation sound <br />technicians, speakers, laptop/music, table, microphone, headphone, and strobe light <br />8. City Contact Person (for coordinating purposes only): Sonia Eiatres <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 security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />10. Indemnification: Speaker/Perforiner, 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/Performer, 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 Billy 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, 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. <br />