MOMENTUM NA, INC. - 2014 - Laserfiche WebLink

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N-2014-057 �� p-2 2014 o : Pi�SCI� SPONSORSHIP AGREEMENT WITH MOMENTUM NA, INC. FOR THE BENEFIT OF THE UNITED STATES ARMY THIS SPONSORSHIP AGREEMENT made and entered into this 15"' day of April, 2014 by and between Momentum NA, Inc., for the benefit of the United States Army (hereinafter "Sponsor"), 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 (hereinafter "City"), RECITALS A. The City is directly producing many events throughout 2014, and desires to retain a sponsor for one of such events, Cinco de Mayo (the "Event"). B. Sponsor represents that it is able and willing to ,provide sponsorship for the Event. C. In undertaking the performance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any services performed by Sponsor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such field. 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. SPONSOR OBLIGATIONS Sponsor shall provide sponsorship for the Cinco de Mayo event (l booth) with the elements as set forth in Exhibit A, attached hereto and incorporated herein. Sponsor grants to City the right to use Sponsor's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising„ marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Events, Sponsor shall pay to the City a sponsorship fee of Ten Thousand Dollars ($10,000.00). The sponsorship fee is payable by Sponsor to City upon execution of this Agreement. 3. TERM This Agreement shall commence on the date stated above and continue through the last day of the Event, unless terminated as otherwise provided in this Agreement. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attomey. 4. INDEPENDENT CONTRACTOR Sponsor 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 Sponsor