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,, Y30ANCE ON FILE N-2017162 <br />WORK MAY PROCEED <br />UNTIL INSURANE PIRE3 <br />C LERK O SOU, AL <br />(� ilk 2 3 21117 <br />(l O: PRCS () <br />Silvia Cuevas <br />August 7, 2017 <br />Everlasting Events ("Speaker/Performer") <br />527 N. Azusa Ave., Suite #3683 <br />Covina, CA 91722 <br />Re: Speaker/Performer Engagement Agreement <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: D7 Services for Youth Talent Show Event at Santiago Center <br />21 Date(s): August 12, 2017 <br />3. Event Time(s): 11:00 a.m. — 3:00 p.m. <br />4. Location: DJ will play at Salgado Community Center in Santa Ana ("Property") <br />5. Compensation: $400.00 (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: none <br />7. Equipment provided by Speaker/Performer: all equipment necessary, including without limitation DJs, speakers, <br />laptop/music, table, microphones and microphone stand, headphone, and strobe light <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 Speakor/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 site, 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/Performer's use thereof. <br />