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IN$URANOE ON PILE N-2016-054 <br />UdOkX MAY PROCEED <br />UNIM INSURANCE: EXPtRES <br />CLERK OF COUNCIL <br />OATS; 2 7 2016 <br />SPONSORSHIP AGREEMENT WITH SOUTHERN CALIFORNIA GAS <br />O: PROS (/) COMPANY FOR CINCO DE MAYO FESTIVAL 2016 <br />sima Cuevas <br />THIS SPONSORSHIP AGREEMENT is made and entered into this 13' day of April <br />2016 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 Cinco de Mayo Festival in downtown Santa Ana on <br />April 30 and May 1, 2016 ("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 />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 capon execution of this Agreement and before Event. Sponsor shall <br />not be entitled to the sponsorship benefits under this Agreement, or to otherwise participate in <br />the Event, if the sponsorship fee is not received before the Event. <br />3. TERM <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 />