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N <br />INSURANCE ON FILE <br />VqORK MAY PROCEED <br />UNI IL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />& <br />DAT6 2 2 IQ15 <br />SPONSORSHIP AGREEMENT WITH <br />RAP MARKETING SERVICES, INC. <br />. r th <br />N <br />N-205-060 <br />THIS SPONSORSHIP AGREEMENT made and entered into this atl ay of April, 2015 <br />by and between HAP Marketing Services, Inc, (hereinafter "Sponsor"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City is directly producing many events throughout 2015, and desires to retain a <br />sponsor for one of such events, the Cinco de Mayo event to be held May 1-3,2015 (the <br />"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 Agreeirlent, Sponsor represents that it is <br />knowledgeable in its tied and that any services performed by Sponsor under this <br />Agreement will be perlbrnied in compliance with such standards as may reasonably be <br />expected from a professional f1mi in such field, <br />NOW TH EREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SPONSOR OBLIGATIONS <br />Sponsor shall provide sponsorship for the Cinco de Mayo event (I booth) for the Colgate <br />Patinielive Company, Sponsor grants to City the right to use Spensor's tradeniark(s), trade <br />naniQ(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 />2. SPONSORSHIP FEE <br />For its participation as a Sponsor for the Events, Sponsor shall pay to the City a <br />sponsorship fee of Ten Tliousand Dollars ($10,011(3.00). The sponsorship fee is payable by <br />Sponsor to City upon execution of this Agreement. <br />3. 'TERM <br />This Agreement shall commence on the date stated above and continue through the last <br />day of the Event, unless terminated as otherwise provided in this Agreement. The Term of this <br />Agreement may be extended by a writing executed by the City 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 />