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ir,,aURIANCEON FILE <br />4ORK MAY PROCEED <br />IL INSURANCE EXPIRES; <br />CLERK OF COUNCIL <br />DATE. <br />O.PRCS(k) 19 2010 <br />Silvla Cuevas <br />August 5, 2016 <br />Luis Nava dba DJ Bebo Entertaimnent ("Speaker/Performer") <br />717 E. Chestnut Ave, Apt. 17 <br />Santa Ana, CA 92701 <br />Re: weaker/Performer Eneagement Agreement <br />N-2018-123 <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 Downtown Santa Ana (DTSA) 5K Run & Cielovia Fiesta Event <br />2. Date(s): August 20, 2016 <br />3, Event Time(s): 9:00 a.m. — 2:00 p.m. (set-up to begin at 6:00 a.m.) <br />4, Location: DJ will play in two locations along 41h Street and Santa Ana Blvd., to be specified by City ("Property") <br />5. Compensation: $1,500 (payable at conclusion of Event); Speaker/Performer must provide IRS form W-9 before <br />payment can be made <br />6. Equipment provided by City: none <br />7. Equipment provided by Speaker/Performer: all equipment necessary, including without limitation sound <br />technicians, DJs, speakers, laptop/music, table, microphone, headphone, and strobe light <br />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 security 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/Performer, his or her agents, or employees. <br />11. Release: Speaker/Perforrner 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, 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 />