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,_ -tjoxG6 ON FILE <br />„Gw'x may PROCER) <br />wdur,L IMIRES <br />CLERK OF COUNCIL <br />0 <br />.tDAI6m f ppp g 2U16 <br />PRCS(/ ) <br />SPONSORSHIP AGREEMENT WITH METRO PCS <br />FOR CINCO DE MAYO FESTIVAL, 2016 <br />t #. <br />Silvia Cuevas THIS SPONSORSHIP AGREEMENT is made said entered into this 21st day of April <br />201.6 by and between METROPCS CALIFORNIA, LLC ("Sponsor"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws <br />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, 2016 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 `HEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set 9`orth, the parties agree as follows: <br />I. 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 Five Thousand ]Dollars ($5,000.00), The sponsorship fee is due 30 days upon <br />Sponsor's receipt of invoice from the City in this amount. <br />This Agreement shall commence on the date stated above and terminate on May 2, 2016, <br />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 urs <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 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 />Page 1 of <br />0 <br />