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JMWVhOME al F& N-201'7-051 Doc ID 229595/internal MIL Il *WAVE EWRM .am OF c llt � j 1 20V QAIE.J SPONSORSHIP AGREEMENT WITH WELLS FARGO 0: FRCS M FOR CTNCO DE MAYO AND FIESTAS PATRIAS FESTIVALS 2017 Silvia Cuevas THIS SPONSORSHIP AGREEMENT is made and entered into this 15th day of March 2017, by and between NVEL ,S FARGO BANK ("Sponsor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City is hosting its annual Cinco de Mayo Festival in downtown Santa Ana on May 6 - May 7, 2017 and hosting its Fiestas Patrias Festival on September 1.6,17, 2017 ("Events"). The City desires to retain sponsors for these Events. B. Sponsor represents that it is able and willing to provide sponsorship for these Events. C. In undertaking the performance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any activities conducted by Sponsor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SPONSOR BENEFITS In exchange for the surn specified in Section 2 below, Sponsor shall be entitled to the benefits at the Events as described on Exhibit A. Sponsor grants to City the right to use Sponsor's trademark(s), trade narne(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Events and in accordance with Sponsor's usage guidelines. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Events, Sponsor shall pay to the City a sponsorship fee of Two Thousand and Five Hundred Dollars ($2,500.00) for each Event. The total sponsorship fee of Five Thousand. Dollars ($5,000.00) is payable by Sponsor to City upon execution of this Agreement and before the Cinco de Mayo Event, but no later than May 4, 2017. 3. TERM This Agreement shall commence on the date stated above and terminate on September 30, 2017, unless terminated as othet-wise provided in this Agreement. 4. ]INDEPENDENT CONTRACTOR Sponsor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or Page 1 oF7