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DocuSign Envelope ID: C14BD915-6E21-4FB5-BD98-600CAA504444 <br />N-2016-137 <br />INNUIlANCE ON FILE <br />WORK MAY PROCEED <br />l'IL INSURANCE EXPIRES <br />3 1717 * WC'. - "l SPONSORSHIP AGREEMENT FOR FIESTAS PATRIAS 2016 <br />CLERK OOF COUNCIL <br />DATE: ow 12 WV THIS SPONSORSHIP AGREEMENT is made and entered into this 71" day of <br />September, 2016 by and between Epsilon Data Management, LLC for the benefit of Nestle Pure <br />M <br />Life Water ("Sponsor"), and the City of Santa Ana, a charter city and municipal corporation <br />d organized and existing under the Constitution and laws of the State of California ("City"). <br />v RECITALS <br />a 2 <br />O A. The City is producing its annual Fiestas Patrias event in Downtown Santa Ana on <br />September 10 and 11, 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 />lmowledgeable 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 frorn a professional firm in such field. <br />1. SPONSOR BENEFITS <br />In exchange for the srtm specified in Section 2 below, Sponsor shall be entitled to the <br />benefits at the Event as described on Exhibit A. ilpon prior review and written approval by <br />Sponsor's authorized representative, Sponsor grants to City the right to use Sponsor's <br />trademark(s), trade name(s), logo designs and company descriptions ("Brand name and Logos") <br />as prepared and delivered to City by Sponsor in the approved medium of advertising; marketing <br />materials, and/or promotional goods distributed in conj>.metion with the Event, but solely for the <br />tern of this Agreement and to provide the sponsorship benefit hereunder and in accordance with <br />Sponsor's usage guidelines. The City shall be liable for incorrect usage of the Sponsor's Brand <br />name and Logos in the event the City fails to obtain Sponsor's prior review and approval of use. <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 Twelve Thousand Dollars ($12,000:00), upon receipt of an accurate invoice. <br />This sponsorship fee shall be paid to City no later than fifteen (15) days following conclusion of <br />Event. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through <br />September 30, 2016, unless terminated as otherwise provided in this Agreement. <br />4. INDEPENDENT CONTRACTOR <br />Sponsor shall, during the entire tern of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreernent is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />