HomeMy WebLinkAboutEatz Pizzeria & Deli - Sponsorship Agreement - Contract No. REC23-021Contract No.: REC23-021
PdSCO
SPONSORSHIP AGREEMENT
Between the
CITY OF PASCO
And
Eatz Pizzeria & Deli
THIS AGREEMENT is made and entered into on this Z 1 day of 2023
by and between the City of Pasco, a Washington municipal corporation, hereinafter referred to as
"City," and Eatz Pizzeria & Deli 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, upon which it intends to offer outdoor recreational
activities; and
WHEREAS, the Sponsor wishes to contract with the City for the right to sponsor the City's
Teen Pool Party (to be held at Memorial Aquatic Park) 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 is authorized to provide:
a. Exposure to large community events with a captive audience.
b. - Acknowledgement of your sponsorship during the event.
c. Business logo posted on marketing materials and banner at event.
d. Recognition on the City of Pasco's Recreation website and social media platforms.
e. Booth/Table area available to advertise at event.
2. City's Rights. The City retains sole authority to set up and take down the Sponsor's banner and
use Sponsor's logo for advertising purposes.
3. Term. This Agreement shall be effective upon execution by both Parties and shall terminate on
August 12, 2023 immediately following the completion of the event.
4. Sponsorship Fee. Sponsor shall give City Il -18" pizzas which will be hot and ready to go
on August 12, 2023 by 5:30pm. City to coordinate staff to pick up pizzas from location.
Sponsorship Agreement Page I of 3
5. 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 Parry
hereto. Any such assignment without consent is void.
7. 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
Jesse Rice
525 N. 3`d Ave
Pasco, WA 99301
Email: ricei(a�pasco-wa.gov
509-545-3417
Sponsors Name
Phil Forzaglia - Owner
6916 WArgent
Pasco, WA 99301
Philforza@gmail.com
509-547-8080
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 Party shall bear the expense of its own counsel and any
expenses related to preparation and/or presentation of the case in mediation.
Il. 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.
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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
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
Jesse
Director - Interim
APPROVED AS TO FORM:
le
Fergus Law, PLLC
Pasco C' Attorney
SPONSOR - NAME
By:
Print:
Its: Dy31[ .-e r
Sponsorship Agreement Page 3 of 3