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vV C <br />INSURANCE19�. ON RLL <br />WORK MAY ttOT PROCEED <br />1,,u-XLERK OF COUNCIL <br />two, 1, 51-i5DATE: OS -01 -Is SPONSORSHIP AGREEMENT WITH HOAG MEMORIAL <br />HOSPITAL PRESBYTERIAN FOR CINCO DE MAYO FESTIVAL 2015 <br />�'. Pw� Clj <br />THIS SPONSORSHIP AGREEMENT is made and entered into this 15`' day of April <br />2015 by and between Hoag Memorial Hospital Presbyterian ("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 ("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 firm in such field. <br />N-2015-071 j <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 far 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 Fifteen Thousand Dollars ($15,000.00). 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, which is May 3, 2015, unless terminated as otherwise provided in this <br />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-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which Sponsor <br />