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N-2016-159 <br />Q1 <br />WORK MAY IU PROCEED <br />os <br />Lo,,J CLERK OF <br />DATE: <br />1 COUNCIL ) �k� '}x <br />d. * i <br />SY y <br />0PRCS <br />' <br />QHvia Cuevas <br />September 7, 2016 <br />Jose Mantel Garcia ("Speaker/Performer") <br />alb S. Pacific Ave. <br />Santa Ana, CA 92703 <br />Re: Speaker/Performer Engagement ment Aareetttt�nt <br />Dear Mr. Garcia: <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: Performance for Fiestas Patrias Event <br />2. Date(s): September 10, 2016 and September 11, 2016 <br />3. Event Time(s): Sat, Sept. 10 from 9=00-4:30 PM <br />Sun, Sept. 11 from 6;00-6:30 PM <br />4. Location: Performer will play one set cacti day of the event on stage <br />5. Compensation, $900.00 total (payable by check within 30 calendar days of event); Speaker/Perfomter must <br />provide IRS form W-9 before payment can be made <br />6. Equipment provided by City: (done <br />Equipment provided by Speaker/Performer: Musical Instruments (Speakers, microphone, etc) <br />b. City Contact Person (for coordinating purposes only): Sonia I3atres <br />Independent Contractor: Speaker/Performer shall, during the entire tent 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 <br />discretion or control over the professional manner in which Speaker/Performer performs the set -vices that are the <br />subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in <br />a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and <br />shall be responsible for all applicable withholding taxes. <br />10, Indemnification: Speaker'Pertformer, 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 <br />representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from <br />the negligence or willful misconduct of Speaker/Performer, his or tier agents, or employees. <br />11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the <br />performance in thein "as -is" condition, with till 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 crud volunteers, and all persons acting on behalf of, <br />