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INSURANCE ON FILE WORK MAY PROCEED TIL iNSORMCE EXPIRE CLERK &F MUM DAiE�1UL 11.E^♦0 O: PRCS June 14, 2017 Silvia Cuevas Union Army of the West, Inc. ("Performer"} 39266 Calle de Companero Murrieta, CA, 92562 Attn: Dave Richman Re: Performer Engagement Agreement N-2017-130 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: 2 canons for City -Sponsored July 4`h program: canons to be operated and fired by Performer; each canon to be fired 7 times. 2. Date(s): July 4, 2017 3. Event Time(s): 4:00 p.m. to 9:30 p.m. 4. Location: Centennial Park, 3000 W. Edinger Ave, Santa Ana ("Property") 5. Compensation: $800 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made; if only one canon is provided, compensation shall be $600. 6. Equipment provided by City: None Equipment provided by Speaker/Performer: 2 canons and all related supplies and equipment, including technical crew for each canon demonstration. Performer shall follow all applicable safety procedures in the firing of canons. 8. City Contact Person (for coordinating purposes only): Sonia Batres 9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee 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 Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/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. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees 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 Speaker/Performer, his or her agents, or employees. l 1. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of,