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IINMANCE ON FILE <br /> WORK MAY PROCEED N-2025-214 <br /> UNTIL aN.}su ,�N�L�E ExPiRFs <br /> _101 LV - <br /> DATE:41 11 2025 <br /> 'F,Gs+a ( } <br /> R aCA o l Fb Xf r%co-du L pz) <br /> July 3 1, 2025 <br /> Ivan Jesus Marquez, f/s/o Ivan Jesus Marquez, Diamond Ortiz, and Zachey Force Funk("Speaker/Performer") <br /> 3126 West First Street 917 <br /> Santa Ana, CA <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 /> 1. Event Description: Speaker/Perfortner to perfonn at Chicano Heritage Festival event per details in Exhibit A. <br /> 2. Date(s): August 24,2025 <br /> 3. Event Time(s): 2:00 PM — 7:00 PM; City shall provide written confirmation of scheduled performance times; <br /> Speaker/Performer to perform for 90 minutes. <br /> 4. Location: Centennial Park, Santa Ana(`Property") <br /> 5. Compensation: $6,500(payable by check in full the day of event); Speaker/Performer must provide IRS form W-9 <br /> before payment can be made. Speaker/Performer shall be solely responsible for payment of additional performers <br /> at event,including,but not limited to: Diamond Ortiz,and Zachey Force Funk. City shall not be liable or responsible <br /> for any additional payments under this Agreement. <br /> 6. Equipment provided by City: Advertising the program, space For the patrons attending, stage, sound and lighting <br /> equipment, and staff to assist with setup <br /> 7. Equipment provided by Speaker/Performer: all equipment necessary, including without limitation laptop/music, <br /> table,and headphone. Contractor shall provide services further described and set forth in Exhibit A. <br /> 8. City Contact Person(for coordinating purposes only): Monique Leon <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 discretion <br /> or control over the professional manner in which Speaker/Performer performs the services that are the subject 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 the Property and any City-provided equipment used in connection with the <br /> performance in their "as-is" condition, with all faults. Speaker/Performer frilly 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 />