STRAUB DISTRIBUTING CO. (2) - 2017

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INSURANCE ON FILE WORK MAY PROCEED N-2017-056 . Et. INSURANCE EXPIR � CLERK OF U " ` ONSORSHIP AGREEMENT WITH STRAUB DISTRIBUTING DAZE OF COUNCIL y 11 24 FOR CINCO DE MAYO FESTIVAL 2017 THIS SPONSORSHIP AGREEMENT is made and entered into this 18"' day of April, Silvia Cu , by and between Straub Distributing Co. for the benefit of the United States Army ("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 ("Event"). 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 sum 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 name(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 Event and in accordance with Sponsor's usage guidelines. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Event, Sponsor shall pay to the City a sponsorship fee of Twenty Thousand Dollars ($20,000.00) for the Event. The total sponsorship fee 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 continue through the last day of the Event, unless terminated as otherwise 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 to allow the City to exercise discretion or control over the professional manner in which Sponsor Page 1 of 7