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INSURANCE ON FILE <br />WORK MAY PROCEED N-2014-119 <br />UNTIL INSURANCE EXPIRES <br />/ -IO .-- y - <br />CLERK O COUNCIL <br />DATE: SPONSORSHIP AGREEMENTWITH <br />Q•, FRCS (1)" 3 12014 HAP MARKETING SERVICES, INC. <br />nS��'"' THIS SPONSORSHIP AGREEMENT made and entered into this today of September, <br />(L`~ 2014 by and between HAP Marketing Services, Inc. (hereinafter "Sponsor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City is directly producing many events throughout 2014, and desires to retain a <br />sponsor for one of such events, Fiestas Patrias (the "Event"), <br />B. Sponsor represents that it is able and willing to provide sponsorship for the Event. <br />C. In undertaking the performance of this Agreement, Sponsor represents that it is <br />knowledgeable in its Feld and that any services performed by Sponsor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional firm in such field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terns and conditions hereinafter set forth, the parties agree as follows: <br />1. SPONSOR OBLIGATIONS <br />Sponsor shall provide sponsorship for the Fiestas Patrias event (1 booth) for the Colgate <br />Palmolive Company. Sponsor grants to City the right to use Sponsor's trademark(s), trade <br />narne(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in <br />any medium of advertising, marketing materials, and/or promotional goods distributed in <br />conjunction with the Event and in accordance with Sponsor's usage guidelines. Sponsor will not <br />sell any products at its booth. <br />FEE <br />For its participation as a Sponsor for the Events, Sponsor shall pay to the City a <br />sponsorship fee of Ten Thousand Dollars ($10,000.00). The sponsorship fee is payable by <br />Sponsor to City upon execution of this Agreement. <br />1 TERM <br />This Agreement shall commence on the date stated above and continue through the last <br />day of the Event (September 14, 2014), unless terminated as otherwise provided in this <br />Agreement. The Term of this Agreement may be extended by a writing executed by the City <br />Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Sponsor 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 <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />