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iv) If a theme is considered, it shall be mutually agreed between City and Event Producer who <br />will work with City to produce a creative brand to be used in all marketing materials. All <br />promotional materials shall include the City logo. <br />v) Development and implementation of a Customer Relations Plan that will provide effective <br />and relevant communications to the merchants, residents, churches, and others within the <br />Event boundaries to provide advance notice of Event activities and to mitigate problems <br />that may arise. <br />vi) Development and implementation of a Protocol Plan in conjunction with City to identify, <br />invite, and support the participation of government and other community representatives. <br />j) SPONSORSHIP. Event Producer shall have the right to solicit and retain sponsorship for the <br />Event festivals and the Fiestas Patrias Parade under the following terms and conditions <br />i) Event Producer shall work with City to coordinate sponsor recruitment and benefits <br />packages to leverage sponsorship contributions in a collaborative manner. <br />ii) City shall determine the location for sponsor banners along the parade route. <br />iii) City shall receive copies of all draft sponsorship agreements for the Events no later than 30 <br />days prior to each Event. <br />iv) Event Producer shall obtain City approval no later than 30 days prior to contracting <br />sponsor benefits relating to the use of public spaces such as flag poles, banners and City <br />facilities. <br />v) City retains the right to approve all sponsor material which identifies the City by name, <br />logo or City seal. <br />vi) All sponsorship agreements/contracts must be between Event Producer and the <br />participating sponsor and not third parties; however, should a third-party sponsorship <br />present itself, MX Live shall present to the City for consideration and the City will have <br />final approval of same. <br />vii) Event Producer shall acknowledge the City of Santa Ana, Parks, Recreation, and <br />Community Services Agency (PRCSA) as Title Sponsor in all print and online <br />promotional materials and make every effort to acknowledge PRCSA contributions in <br />media interviews, public service announcements, and other sponsorship recognition <br />opportunities. <br />viii) Event Producer shall coordinate all arrangements for sponsorship acknowledgement <br />including radio and print ads as well as any materials and announcements. <br />ix) All sponsorship communications shall be subject to City review and final approval prior to <br />release. <br />k) RIGHT OF FIRST REFUSAL. Event Producer shall provide right of first refusal to merchants <br />with businesses along 4th Street and in the Fiesta Marketplace for booths located in front of said <br />businesses at a discounted rate. Merchants shall be given 30 days prior to each event to exercise <br />such right of first refusal. After that date Event Producer may sell those booths to others. Event <br />Producer shall provide to City verification of refusal by each merchant to purchase the booth <br />space in front of their respective businesses no later than 30 days prior to each Event date. <br />1) FINANCIAL LEDGER. Event Producer shall maintain a financial ledger specifically detailing <br />all expenses/cost and revenues generated from said Event in order to determine net revenue. <br />Within forty five (45) days after each Event, Event Producer shall provide the City the financial <br />ledger and shall reimburse to the City all City related costs and expenses as agreed upon. <br />2. TERM. <br />This Agreement shall commence January 1, 2012 and terminate the earlier of completion of all <br />accounting for expenses, but no later than December 31, 2014. <br />25B-8 6