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!Mi iWCE 411 FILE <br />rti KH MAY PROCEED <br />iihflt_ INSURANCE E ► <br />—W <br />--6 --/ 7 <br />I <br />LERTECOUNCIL <br />O: PRCS <br />Silvia Cuevas <br />May 1, 2017 <br />El Centro Cultural de Mexico on el. Condado de Orange ("Speaker/Performer") <br />Attn: Cynthia Hathaway <br />P.O. BOX 133 <br />Santa Ana, CA 90202 <br />Re: S eaker/Performer Engagement A reement <br />N-2017-052 <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: Folkloric Dance performance Services at Cinco de Mayo Fiestas 2017 event. <br />2. Date(s): May &, 2017 <br />3, Event Time(s): 12:00 pan. to 12:45 p.in. <br />4. Location: the Main Stage located Fourth and French Street, Santa Ana ("Property") <br />Compensation: $375.00 (payable by check within 30 calendar days of event); Speaker/Perfornter must provide <br />IRS form W-9 before payment can be made <br />6. Equipment provided by City. None <br />7. Equipment provided by Speakcr/Performer: equipment as needed for the datice performance <br />i3. City Contact Person (for coordinating purposes only): Sonia Batres <br />Independent Contractor: Speaker/Perfolmer shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an ernployee of the City. This Agreement is not intended nor shall it be construed <br />to create an employer-ertiployee 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 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 rxtaruter consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and sirnilar taxes relating to employees and <br />shall be responsible for all applicable withholding taxes, <br />10. 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. foss, 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 />by; through or under each of thein, under any present or future laws, statutes, or regulations for any claim or event <br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. <br />