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INSURANCE ON FILE <br />WORK SAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />)' /- t( <br />N-2015-075 <br />cam OF GOOLL SPONSORSHIP AGREEMENT WITH T -MOBILE U.S.A., INC. <br />tA1 .; 05 -oi-IS FOR CINCO DE MAYO FESTIVAL 2015 <br />ThIS SPONSORSHIP AGREEMENT is made and entered into this 30TH day of April <br />04,E 2015 by and between T -MOBILE U.S.A., Inc. ("Sponsor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California ("City"), <br />RECITALS <br />A. The City is directly producing its annual Cinco de Mayo Festival in downtown Santa <br />Ana on May 1-3, 2015 ("Event") and desires to retain sponsors for 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 field and that any activities conducted by Sponsor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional finis in such field. <br />NOW THEREFORE, 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 />1. SPONSOR BENEFITS <br />In exchange for the sum specified in Section 2 below, Sponsor shall be entitled to the <br />benefits at the Event as described on Exhibit A. Sponsor grants to City the right to use Sponsor's <br />trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to <br />City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods <br />distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. <br />2. SPONSORSHIP FEE <br />For its participation as a Sponsor for the Event, Sponsor shall pay to the City a <br />sponsorship fee of Seven Thousand Five hundred Dollars ($7,500.00). The sponsorship fee is <br />payable by Sponsor to City upon execution of this Agreement, <br />3. TERM <br />This Agreement shall commence on the date stated above and terminate on May 3, 2015, <br />unless terminated as otherwise provided in. this Agreement, <br />4. INDEPENDENT" CONTRAC'T'OR <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-employce relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which Sponsor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />