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N-2015-145 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />TIL INSURANCE EXPIRES <br />CLERK OF COUNCIL SPONSORSHIP AGREEMENT WITH SOUTHERN CALIFORNIA <br />DATE: SEP 21115 GAS COMPANY FOR FIESTAS PATRIAS SANTA ANA 2015 <br />OPRCSIC%� <br />THIS SPONSORSHIP AGREEMENT is made and entered into this 27`x' da of Au <br />Silvia Cuevas Y gust <br />2015 by and between SOUTHERN CALIFORNIA GAS COMPANY ("Sponsor"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City is producing its annual Fiestas Santa Ana Event in downtown Santa .Ana on <br />September 12-13, 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 as <br />further described below. <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 described 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 (the "Marks") as prepared <br />and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or <br />promotional goods distributed in conjunction with the Event and in accordance with Sponsor's <br />usage guidelines if any. All rights and benefits, including without limitation, goodwill, resulting <br />from use by City of the Sponsor's Marks shall inure solely to Sponsor. <br />2. SPONSORSHIP FEE <br />For its participation as a Sponsor for the Event, Sponsor shall pay to City a sponsorship <br />fee of $5,000. The sponsorship fee is payable by Sponsor to City upon Sponsor's execution of <br />this Agreement. <br />This Agreement shall commence on the date stated above and continue through the last <br />date of the Event, unless terminated as otherwise provided in this Agreement. <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 />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 />