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: A INSURANCE ON FILE aJ WORK MAY PROCEED .� UNTIL INSURANCE EXPIRE 10 _ Z O� CLERK OP COUNCIL DATE. October, 2022 Funk Freaks Boutique ("Speaker/Performer") 1570 East Edinger Ave., Unit 3 Santa Ana, CA 92705 Re: Speaker/Performer Engagement Agreement N-2022-323 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: Funk Freaks Boutique, will provide DJ services for PRCSA throughout the City's Indigenous Peoples Day event at times to be coordinated with event staff. 2. Date(s): Saturday, October 8, 2022. 3. Event Time(s): 12:00 p.m. — 8:00 p.m. 4. Location: Plaza of the Sun, 20 Civic Center Plaza, Santa Ana, CA 92701 ("Property") 5. Compensation: $2,000.00 (payable within 10 days after the event, pursuant to City accounting procedures); Speaker/ Performer must provide IRS form W-9 before payment can be made. Speaker/Performer is responsible for direct payment to individual band members/performers. 6. Equipment provided by City: advertising the program, space for the patrons attending, stage, sound and lighting equipment, and staff to assist with setup. 7. Equipment provided by Speaker/Performer: insurance as required by the City and further detailed in Exhibit A, list of family friendly songs with lyrics to be approved by the City of Santa Ana prior to performance, and all other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Rodolfo Hernandez 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. It. Release: Speaker/Performer accepts 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