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HomeMy WebLinkAboutDarigold - Sponsorship Agreement - Contract No. REC23-016Contract No.: REC23-016 vbko SPONSORSHIP AGREEMENT Between the CITY OF PASCO Oil And DARIGOLD THIS AGREEMENT is made and entered into on this 4 day of 2 6 2023 by and between the City of Pasco, a Washington municipal corporation, hereinafter referred to as "City," and DariQold, a Washington for -profit organization, hereinafter referred to as the "Sponsor." City and Sponsor are referred to collectively as the "Parties." I. RECITALS WHEREAS, the City owns, maintains, operates and programs certain public park and recreational facilities within the City of Pasco, at which it intends to offer recreational activities; and WHEREAS, the Sponsor wishes to contract with the City for the right to sponsor the City's Youth Cams Pro rams Leagues Scholarship and 2 Outfield Fence Banners as listed in the Pasco Sponsorship Guide and subject to the City's approval. NOW THEREFORE, in consideration of the promises, terms and conditions contained herein, the Parties hereby agree as follows: II. AGREEMENT 1. Sponsor's Rights. The Sponsor Agrees to and or will be: a. Provide a Logo for use in City marketing materials for programs, which include: i. Full Page inside cover advertisement in 3 consecutive Recreation Program Guides. Advertisement to be made by Sponsor. ii. Social Media posts of programs to include Recreation's Facebook, Instagram and Twitter pages. iii. Constant Contact emails with Sponsors logo, linking to sponsors website. iv. Individual program listings on the Recreation Events Calendar, with link to Sponsor's website. v. Posted on all youth scholarship advertising as additional sponsor. vi. Posted on the Sports page of the City of Pasco's website with link to Sponsor's website. vii. A 2"x4" Sponsor Logo on the following program t-shirts. 1. Youth Basketball Camp, Novice Swim Team, Youth Basketball League, Youth Softball League, PR Runners, and any Preschool Sport with a t-shirt. Sponsorship Agreement Page 1 of 3 b. Allow the City to announce on KONA Radio the new collaboration between Sponsor and the City, naming the Sponsor as Pasco Recreation's Sponsor of Youth Programs. c. Allow the City to announce collaboration via email to all Constant Contact Participants and sent out on all 3 Social Media outlets, naming Sponsor as Pasco Recreation's Sponsor of Youth Programs. d. Provide or collaborate on artwork for banners to be hung at various locations, including 2 Outfield Fence Banners at the Pasco Sporting Complex. Dimensions for the Outfield Fence Banners will be 4'X8', any other banners will be 3'X6'. e. Exposed to large community events with a captive audience. f. The main sponsor of the Family Season Swim Pass contest. Tied into Memorial Weekend Swim — up to 3 chances to enter per adult. Posted across all platforms when advertising the Memorial Weekend Swim, the contest, and Season Swim Passes. g. Provide a Thank You, advertisement to be posted on www.Vascoparksandree.com and the Recreation page on www.pasco-wa.gov siting new collaboration with Sponsor, linking to sponsor's website. h. Provide access to distribute product and information at various events and programs as agreed upon by both parties. Programs such as: i. Youth After School Drop -In Program ii. Youth Basketball Camps, and Leagues iii. Youth Softball Leagues iv. PR Cross Country Runners v. Pre -School Sports vi. Youth Soccer Programs and Camps i. Pay the total amount of $20,000 in which $5000 will benefit the Youth Scholarship Fund. The earmarked funds will help at risk and low-income children participate in programs they would not otherwise be able to afford. 2. City's Rights. The City retains sole authority to: a. Set up and take down the Sponsor's banner and use Sponsor's logo for advertising purposes. b. To invoice Darigold a total of $20,000 for the above agreed upon services upon full execution of this agreement. c. Disperse the Scholarship Funds as it deems appropriate and in accordance with its rules and regulations. 3. Term. This Agreement shall be effective upon execution by both Parties and shall terminate on April 1, 2024 4. Sponsorship Fee. Sponsor shall pay to the City $20,000 which shall be due in full to the City within thirty (30) calendar days of full execution of this Agreement. S. Advertising Conditions. All advertising content shall be approved by the City. Advertising of alcoholic beverages, marijuana, and tobacco products is expressly prohibited. 6. Assignment. This Agreement may not be assigned or otherwise transferred by either Party hereto. Any such assignment without consent is void. Sponsorship Agreement Page 2 of 3 Z Modification. This Agreement may not be modified or amended unless such modification or amendment is in writing and duly executed by an authorized representative of each Party. 8. Notice. The City and Sponsor shall each designate a person who has the authority and responsibility for administering this Agreement. All notices regarding the performance or interpretation of this Agreement shall be served on such person at the following addresses: City of Pasco Sponsors Name Zach Ratkai Darigold Chrysta Torres, Director of Marketing 525 N. P Ave 5601 61h Ave S, Suite 300 Pasco, WA 99301 Seattle, WA 98108 Email: ratkaiz apasco-wa.sov 206-795-6866 509-545-3456 9. Indemnification. Sponsor shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 10. Mediation. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be resolved through direct discussions, the Parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator selected by agreement of the Parties. All fees and expenses for mediation shall be borne by the Parties equally. However, each Parry shall bear the expense of its own counsel and any expenses related to preparation and/or presentation of the case in mediation. 11. Venue, Applicable Law and Personal Jurisdiction. All questions related to this Agreement shall be resolved under the laws of the State of Washington. In the event that either Party deems it necessary to institute legal action arising from this Agreement, such action shall be instituted in Franklin County Superior Court. The Parties each consent to the personal jurisdiction of such court. Except as otherwise provided by law, it is expressly understood that neither Party can institute any legal action against the other based on this Agreement until the Parties have exhausted the mediation procedure required by the previous paragraph. 12. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competitive jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision. 13. Waiver. The waiver by either Party of any breach of any term, condition, or provision of the Agreement shall not be deemed a waiver of such term, condition, or provision or any subsequent breach of the same or any condition or provision of this Agreement. 14. Captions. The captions used herein are for convenience only and are not a part of this Sponsorship Agreement Page 3 of 3 Agreement. The captions do not in any way limit or amplify the terms and provisions hereof. 15. Integration. This Agreement contains the entire agreement of the Parties hereto and supersedes all previous understandings and agreements, written or oral, with respect to this transaction. Neither Party shall be liable to the other for any representations made by any person concerning the terms of this Agreement, except to the extent that the same are expressed in this Agreement. 16. Scrivener. The party drafting this Agreement is the City of Pasco. The City makes no representations regarding the rights or responsibilities of Sponsor under this Agreement. Because each Party has had opportunity to review and revise this Agreement with assistance of counsel, the rule of construction where ambiguities are construed against the drafter shall not apply. 17. Time of Essence. Time is of the essence for each and all of the terms, covenants, and conditions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF PASCO Z ` h Ratkai, A&CS Dept Director APPROVED AS TO FORM: Kerr prpgus aw,PLLC Pasco ttorney SPONSOR - NAME By: C h rysta Torres Print: Chrysta Torres Its: Darigold LLC Sponsorship Agreement Page 4 of 3