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INSURANCE ON FILE <br />WvFK MAY PROCEED <br />UNTIL !NSURANCE EXPIRES <br />CITY CLEp0 , 2 6 %�Zk <br />DATE: <br />D'. LbL471vP�a� <br />A <br />LE11a Se�-` <br />August 9, 2024 <br />OC Mariachi Company LLC ("Speaker/Performer") <br />1401 W. Santa Clara Ave <br />Santa Ana, CA 92706 <br />Re: Speaker/Performer Engagement Agreement <br />N-2024-286 <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: As further described in Exhibit A, attached hereto, Speaker/Performer shall provide a twenty <br />(20) minute performance at the Chicano Heritage Cultural Celebration. <br />2. Date(s): Thursday, August 29, 2024 <br />3. Event Time(s): 4:00 p.m. — 7:00 p.m. <br />4. Location ("Property"): City Hall Courtyard, 20 Civic Center Plaza, Santa Ana, CA 92701 <br />5. Compensation: An amount not to exceed $600.00 (payable by check within 30 calendar days of event); <br />Speaker/Performer must provide IRS form W-9 before payment can be made. <br />6. Provided by City: space for the event(s), microphone, tables and chairs. <br />7. Provided by Speaker/Performer: Insurance as further detailed in Exhibit B and all other equipment and materials <br />necessary. <br />8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265 <br />9. Independent Contractor: Speaker/Perfonner 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 discretion <br />or control over the professional manner in which Speaker/Performer performs the services that are the subj ect matter <br />of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner <br />consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />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 representatives <br />from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or <br />willful misconduct of Speaker/Performer, his or her agents, or employees. <br />11. Release: Speaker/Performer accepts any City -provided equipment used in connection with the performance in their <br />"as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all <br />claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected <br />officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each <br />of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of <br />the City -provided equipment or Speaker/Performer's use thereof. <br />