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Silvia Cuevas <br />! 12 2011 <br />August 28, 2017 <br />Rebeca King ("Speaker/Performer") <br />2433 Emerald St. <br />San Diego, CA 92109 <br />Re: S eakeL/Performer Engagement Agreement <br />N-2017-171 <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: Onetime National Anthem performance at Fiestas 2017 event. <br />2. Date(s): September 16, 2017 <br />3, Event Time(s): 6:30 p.m. - 7:15 p.m. Actual performance time is 7:00 p.m. Performer is required to arrive 30 <br />minutes prior to performance. <br />4. Location: main stage on Fourth and Main Street in Santa Ana or at other event locations to be designated by City <br />Santa Ana ("Property") <br />5. Compensation: $100 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS <br />form W-9 before payment can be made <br />6. Equipment provided by City: microphone and related sound equipment <br />7. Equipment provided by Speaker/Perfotmer: None <br />8. City Contact Person (for coordinating purposes only): Sonia Satres <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/Performer's use thereof. <br />