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INSURANCE NOT ON FILE WORK MAY NQ PROCEED N-2019-176 CLERK OF COUNCIL © DATE: SEP 1 2 2019 SPONSORSIIP AGREEMENT WITH DAVIS ELEN ADVERTISING ON A �� BEHALF OF MCDONALDS S v � k CV\'l.o w7 FOR FIESTAS PATRIAS 2019 THIS SPONSORSHIP AGREEMENT is made and entered into this 9th day of September, 2019 by and between DavisElen Advertising, Inc. ("Sponsor") a California Corporation, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City is producing its Fiestas Patrias in Santa Ana on September 14-September 15, 2019 ("Event") and desires to retain sponsors for the Event. B. Sponsor represents that it is able and willing to provide sponsorship for the Event on behalf of its client, McDonald's Operators of Southern California ("MOASC"). Sponsor represents that it is authorized by MOASC to enter into this Agreement for its benefit. C. City and Sponsor desire to enter into this Sponsorship Agreement to identify each parry's respective responsibilities for the sponsorship. D. Sponsor represents that it and/or MOASC do not have any pending or open applications with the City that require discretionary approval. E. Sponsor represents that it and/or MOASC is not adverse to the City in any pending or ongoing legal proceeding. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. CITY RESPONSIBLITIES City shall be responsible for providing the following: a. One (1) 20 x 30 booth space for Sponsor; and b. One (I) electrical outlet and lighting at Sponsor's request. 2. SPONSOR RESPONSIBILITIES AND BENEFITS Sponsor shall be responsible for: (1) On Saturday, September 14, 2019 from 12:00 p.m. to 10:00 p.m. and on Sunday, September 15, 2019 from 12:00 p.m. to 9:00 p.m., utilizing the booth provided by the City to provide free samples of McDonald's smoothies or other McDonald's products (pre - approved by the City) to the public. (2) Obtain an Orange County Health Permit from the County of Orange;