RECITALS
A. The City has been named a finalist for the National Civic League’s All-America City Award Event to be held on June 26 through June 29, 2026 in Denver, Colorado as described in the Sponsorship Commitment (“Event”); and
B. The Sponsor desires to support the City’s participation in the Event and receive promotional benefits in return; and
C. The Sponsor has agreed to contribute to the City at the level and contribution as provided in the Sponsorship Commitment submitted to the City.
ACCORDINGLY, the parties agree as follows:
1. RECITALS. The foregoing recitals, as well as the Sponsorship Commitment referenced in recitals A. and C., are incorporated into and made a part of this Agreement.
2. SCOPE OF PROMOTION. For the term of this Agreement, the City agrees to promote the Sponsor as set forth in the corresponding Sponsorship Commitment. The City shall have sole discretion over the content, format, and timing of all promotional materials, ensuring that such materials align with the City’s standards and policies.
3. FINANCIAL TERMS. In consideration of the promotional benefits provided by the City, the Sponsor agrees to pay the City a sponsorship fee as indicated on the Sponsorship Commitment, and such payment shall be complete no later than the date indicated on the Sponsorship Commitment.
4. LIMITATIONS. The Sponsor’s contribution and services, as well as the promotional benefits provided to the sponsor by the City as set forth in this Agreement apply only to the Event during its corresponding dates and times and does not extend to any other events or promotional activities.
5. LICENSE AND USAGE. Sponsor hereby grants to the City a limited, non-exclusive license to use the Sponsor’s trade names, trademarks, service marks and other proprietary information owned by the Sponsor for purposes of communicating the Sponsor’s contribution for the Event. The City may use the Sponsor’s fictitious or trade name in the City’s marketing efforts online, in print, and in outdoor advertising and signage, in accordance with the Sponsorship Commitment.
6. INSURANCE. All City-required insurance coverages shall be included and must be reviewed and approved by the City.
7. INDEMNIFICATION. Sponsor agrees to defend, indemnify, save and hold harmless the City and the City’s officers, agents, and employees from and against any and all claims, liabilities, damages, and expenses, including reasonable attorney fees, arising out of or related to the Sponsor’s participation in the Event. This paragraph shall not be construed to require the Sponsor to indemnify the City for the City’s own negligence or intentional acts of the City, its agents or employees. Nothing in this Agreement shall be deemed a waiver of the City’s sovereign immunity under s. 768.28, Florida Statutes. This clause shall survive termination of this Agreement.
8. TERM; TERMINATION.
a.This Agreement shall commence upon Sponsor fulfilling its obligations under the Sponsorship Commitment and the date that all parties have signed the Agreement. it and the Sponsor paying the sponsorship fee as set forth in the Sponsorship Commitment. This Agreement shall end when the Event concludes, unless terminated earlier in accordance with the provisions of the Agreement.
b. The City reserves the right to terminate this Agreement at any time, with or without cause, upon seven (7) days’ written notice to the Sponsor. In the event of termination, the Sponsor shall be entitled to a pro-rata refund of the Sponsor’s contribution based on the unexpired portion of the Agreement.
9. MISCELLANEOUS.
a. Non-public forum. The City maintains its sponsorship program as a non-public forum and exercises sole discretion over who is eligible to become a Sponsor. The Sponsor agrees with the general terms of the Sponsorship Commitment.
b. Amendments. This Agreement may only be amended by a written instrument executed by parties hereto.
c. Venue and Choice of Law. This Agreement is governed by the laws of the State of Florida and is binding upon the parties, their successors and assigns. Venue for any litigation shall be in the 19th Judicial Circuit in and for St. Lucie County, Florida or the United States District Court for the Southern District of Florida.
d. Nondiscrimination. Sponsor agrees that no person shall on the basis of race, color, national origin, sex, age, disability, family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Florida Civil Rights Act of 1992 and other nondiscrimination authorities be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity.
e. Force Majeure. Neither party shall be responsible for events beyond its reasonable control, such as acts of God, weather delays, restrictions, security alerts or unforeseen commercial delays. If it becomes necessary to postpone the Event due to inclement weather or other conditions beyond the City’s control, it may be rescheduled for another time. The Sponsor shall then be entitled to, and the City agrees to extend to Sponsor, all the advertising and sponsorship rights set forth herein at no additional charge to Sponsor, for the new duration of the Event
f. Notice to City Vendors. If the Sponsor is a vendor of the City, the Sponsor understands and agrees that the benefits received are solely as part of this Agreement and no quid pro quo, guarantee of further business dealings, or additional benefits shall apply or be granted by the City to the Sponsor.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date entered above and the respective signatories of the parties whose signatures appear below hereby warrant and represent that they have been and are on the date of execution of this Amendment duly authorized to execute this Amendment on behalf of and bind their respective party.