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KE <br />° l <br />4: PRCS <br />Silvia Cuevas <br />April 17, 2017 <br />Raul Martinez ("Speaker/Performer") <br />205 S. Myrtlewood St, <br />West Covina, CA 91791 <br />Re: Speaker/Performer Engagement Agreement <br />Dear Mr. Martinez: <br />N-2017-049 <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 />1, Event Description: Master of Ceremony (MC Services) for Cinco de Mayo 2017 Festival Event <br />2. Date(s): May 6 and May 7, 2017 <br />Event Time(s): 11:00 a.m. -- 10:00 p.m. each day (set-up to begin at 1.0:00 a.m.) <br />4, Location: MC will perform services in the main stage on Fourth and French Street in Santa Ana or at other <br />Event locations to be designated by City ("Property") <br />Compensation: $2,000 (payable by check at conclusion of Event); Speaker/Perfonner must provide IRS form W-9 <br />before payment can be made <br />6. Equipment provided by City: microphone and related sound equipment <br />7. Equipment provided by Speaker/Performer: None <br />City Contact. Person (for coordinating purposes only): Sonia Batres <br />9. Independent Contractor: Speaker/Performer shall, during the entire tenn 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 point venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Speaker/Performer performs the services 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 />1.0. 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 <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 her agents, or employees. <br />11, Release: Speaker/Performer 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, <br />