TOL PRODUCTIONS, INC./FERNANDO ALLENDE - 2016

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INSURANCE NOT REQUIRED kJ WnRN WY DRnPt F'0 Chi" CLERK!uJ 0UNCIL O: PAt)+ 6 - 2016 Silvia Cuevas September 20, 2016 TOL Productions, Inc./Fernando Allende ("Speaker/Performer") PMB 888 425 Carr 693#1 Dorado, Puerto Rico 00646 Re: Speaker/Performer Engagement Agreement Dear Mr. Allende: N-2016-136 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: Fernando Allende will perform Mexican National Anthem at Fiestas Patrias 2016 Event, as detailed in Exhibit A attached hereto and incorporated herein by reference 2. Date(s): September 10, 2016 3. Event Time(s): TBD day of event 4. Location: Will perform services in the main stage on Fourth and French Street in Santa Ana ("Property") 5. Compensation: $1,000 (payable by ACH within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: Provided thru Al Party Rental (microphone) Equipment provided by Speaker/Performer: None City Contact Person (for coordinating purposes only): Sonia Batres 9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shalt it be construed to create an employer-employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. Indemnification: Speaker/Performer; his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by,