LOS ANGELES FIESTA MARIACHI - 2016

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nNSt RANGE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES` CLERK OF COUNCIL DATE. 1 6 o: 7018 „ pRcS^CI� lit i� November 9, 2016 Professional Entertainment Consultants ("Provider") 6922 Timaru Circle Cypress, CA 90630 Re: Performer Engagement Agreement 1,11Md'56�.i 'Phis letter represents your agreement with the City of Santa Ana ("City") as furnishing and representing the services of Performer below, as entered into on the above date for the engagement described below: 1. Services to be Provided: Band Performance by "Los Angeles Fiesta Marinchi" ("Performer") 2. Date(s): Saturday, November 19, 2016 3. Time(s): Two-hour time slot between the hours of 5:00 p.m. and 8:00 p.m.; consisting of two 45 minute sets with a 15 minute break in between 4. Location: Performance will be presented at City -sponsored Plaza Navidena Event at Plaza Calle Cuatro, located at Fourth and French Street, Santa Ana ("Property") 5. Compensation: $1,000 (payable by check on the day of the event) provided agreement is fully executed; Provider must provide IRS form W-9 before payment can be made 6, Equipment provided by City: sound amplification equipment and technician T To be supplied by Provider: all hand members and individual instruments required for the performance 8. City Contact Person (for coordinating purposes only): Sonia Batres 9. Independent Contractor: Provider and Performer shall, during the entire term of this Agreement, be construed to be independent contractors and not employees of the City. This Agreement is not intended nor 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 Provider or Performer perform the services that are the subject matter of this Agreement; however, the services to be provided by Provider and Performer shall be provided in a manner consistent with all applicable standards and regulations. Provider and 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, M Indemnification: Provider and Performer, or its agents or employees (if applicable) agree 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 Provider or Performer, or its agents or employees. 11. Release: Provider and Performer accept the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Provider and Performer fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by,