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9A,S11RANCE ON FILE, <br />WORK,MAY PROCEED <br />i <br />11. INSURANCE OREM <br />CLERK OF COUNCIL <br />DATE <br />O: PRCS (/)IA`i <br />Silvia Cuevas <br />May 1, 2017 <br />Gloria Arjona ("Speaker/Performer") <br />4515 E. Harvey Way <br />Long Beach, CA 90808 <br />Re: Speaker/Performer Engagement, Agreement <br />N-2017-053 <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: Solo music performance Services at Cinco de Mayo Fiestas 2017 event. <br />2. Date(s): May 6, 2017 <br />Event Time(s): 7:00 p.m. to 7:45 p.m. <br />4. Location: the Festival Main Stage located at Fourth and French Street, Santa Ana ("Property") <br />5. Compensation: $1,025.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide <br />IRS form W-9 before payment can be made <br />6. Equipment provided by City: Stage and sound equipment <br />7. Equipment provided by Speaker/Performer: Own musical instruments (if applicable). <br />8. City Contact Person (for coordinating purposes only): Sonia Batres <br />9. Independent Contractor: Speaker/Performer shall, during the entire term 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 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 />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 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 />by, through or under each of them, 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/Perfonner's use thereof. <br />