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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />oP"! -1 ? <br />CLERK OF COUNCIL <br />N-2017-191 <br />�D 10 20TF SPONSORSHIP AGREEMENT WITH STRAUB DISTRIBUTING <br />FOR FIESTAS PATRIAS SANTA ANA 2017 <br />O; PRCS(/) <br />Silvia C evas THIS SPONSORSHIP AGREEMENT is made and entered into this Kit of <br />Ceptember, 2017 by and between Straub Distributing Co. an Anheuser-Busch Distributor <br />("Sponsor"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City is producing its annual Fiestas Patrias Event in Santa Ana on September 16 —17, <br />2017 ("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 Linder 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 $20,000.00, The sponsorship fee is payable by Sponsor to City upon <br />execution of this Agreement and before Event. Sponsor shall not be entitled to the sponsorship <br />benefits under this Agreement, or to otherwise participate in the Event, if the sponsorship fee is <br />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 all <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 />