MARTINEZ, RAUL (2) - 2016 - Laserfiche WebLink

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INSURANCE NOT ON FILE WORK MAY QPROCEED CLERK OF COUNCIL DATE: s P August 29, 2016 Raul Martinez (`'Speaker/Performer") 205 S. Myrtlewood St. West Covina, CA 91791 Re: Speaker/Performer Engagement Agreement Dear Mr. Martinez: N-2016-134 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: Master of Ceremony (MC Services) for Fiestas Patrias 2016 Event 2. Date(s): September 10 and September 11, 2016 3. Event Time(s): 11:00 a.m. — 10:00 p.m. each day (set-up to begin at 10:00 a.m.) 4. Location: MC will perform services in the main stage on Fourth and French Street in Santa Ana or at other Event locations to be designated by City ("Property") 5. Compensation: $2,000 (payable by check at conclusion of Event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: microphone and related sound equipment 7. Equipment provided by Speaker/Performer: None & City Contact Person (for coordinating purposes only): Bill Sandoval 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 not shall it be construed to create an employer-employee relationship, a joint 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/Perfcamer 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,