The URL can be used to link to this page

Home My WebLink AboutContract CAG-18-127 ikb Hyatt Regency Lake Washington tn• SPONSORSHIP AGREEMENT WITH 4.',:sot,,„1113!-:''' ,z..„ ink rrN „,r k,,• r ,aP1,04,44<r%1,09 ;I:1614 -4 THIS AGREEMENT dated tv-2.„.',1: for references purposes, is made between the CITY OF RENTON,a municipal corporation of the State of Washington, hereinafter referred to as "CITY," and hereinafter referred to as "SPONSOR," to provide financial sponsor support of 4;1, , hereinafter referred to as "EVENT." „ %%"-r` C t4c-Puit-eerittri 01.61.7.1.•r (hurt. AT, 5",-re.a_t• t . 6-ON,71,..01*.•••APit*e rt0 LtiAriltk-1741 tt../4"0 itIvtA / Alb/444. The CITY and SPONSOR agree as set forth below: 1. Event Date(s) and Location: EVENT will be held at the following location(s) and date(s) as may be further described in Attachment A: 2. Recognition and Benefits: SPONSOR will be listed as 40040 vv.', of EVENT. SPONSOR's name and/or logo will be included in print promotions and on the CITY's website, as set forth in Attachment A, "Sponsor Recognition & Benefits," which is attached and incorporated herein. Other benefits to SPONSOR may also be set forth in Attachment A. 3. Sponsor's Responsibilities: In exchange for the recognition and benefits under this AGREEMENT, SPONSOR shall pay the sum of to the CITY. Payment in full shall be made no later than 1,4')'7.i2, :6.,2,vq::„ to the CITY. SPONSOR shall provide its logo to the CITY for event marketing purposes on or before 4. Term: This AGREEMENT shall commence upon the authorized signature of this Agreement by the SPONSOR and CITY and shall continue until .:`4,4,.`,..4r. unless extended to a later date or terminated through the issuance of a refund as provided in Section 5 of this Agreement. To the extent applicable,Sections 7, 8, 10, and 13 shall survive the termination of this Agreement. 5. Cancellation Policy: The CITY has the right to cancel EVENT and/or this Agreement due to inclement weather or for any other reason. The CITY will notify SPONSOR immediately following the decision to cancel EVENT or this Agreement. In the event of cancellation by CITY, the CITY will, at the CITY'S sole discretion, either(1) refund to SPONSOR all funds paid for which SPONSOR did not receive value (2) credit SPONSOR with sponsorship opportunities at a future event of SPONSOR'S choice worth the estimated value of the funds paid for which the SPONSOR did not receive value, or (3) credit SPONSOR with sponsorship opportunities at a future event of SPONSOR'S choice worth less than the estimated value of the cancelled EVENT and refund the difference in value to the SPONSOR. SPONSOR agrees that the foregoing shall constitute SPONSOR's full compensation and remedy for cancellation of EVENT, and SPONSOR expressly waives any claims for damages arising from or related to the cancellation of EVENT. 6. Force Majeure: Notwithstanding the terms in section 5, above, no Party shall be responsible for events that are unforeseeable and beyond its reasonable control, such as acts of God, weather delays,government restrictions, or unforeseen commercial delays. 7. Record Maintenance: SPONSOR shall maintain accounts and records generated relating to this AGREEMENT and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this AGREEMENT. SPONSOR agrees to provide access to and copies of any records related to this AGREEMENT as required by the CITY to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this AGREEMENT. 8. Public Records Compliance: To the full extent the CITY determines necessary to comply with the Washington State Public Records Act, SPONSOR shall make a due diligent search of all records in its possession or control relating to this AGREEMENT, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the CITY for production. In the event SPONSOR believes said records need to be protected from disclosure, it may, at SPONSOR's own expense,seek judicial protection. SPONSOR shall indemnify, defend, and hold harmless the CITY for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which SPONSOR has responsive records and for which SPONSOR has withheld records or information contained therein, or not provided them to the CITY in a timely manner. SPONSOR shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this AGREEMENT. 9. Independent Contractor Relationship: The nature of the relationship between SPONSOR and the CITY during the period of this AGREEMENT shall be that of an independent contractor, not employee. No agent, employee, representative, or subcontractor of SPONSOR shall be, or shall be deemed to be, the employee, agent, representative, or subcontractor of the CITY. PAGE 2 OF 8 10. Hold Harmless:SPONSOR agrees to release, indemnify,defend, and hold harmless the CITY, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees,costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of SPONSOR under this AGREEMENT or a breach of this AGREEMENT by SPONSOR, except for that portion of the claims caused by the CITY's sole negligence. Should a court of competent jurisdiction determine that this AGREEMENT is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...)then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of SPONSOR and the CITY, its officers, officials, employees and volunteers, SPONSOR's liability shall be only to the extent of SPONSOR's negligence. It is further specifically and expressly understood that the indemnification provided in this AGREEMENT constitute SPONSOR'S waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this AGREEMENT. 11. Gifts and Conflicts: The CITY's Code of Ethics and Washington State law prohibit CITY employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person,firm or corporation involved in a contract or transaction.To ensure compliance with the CITY's Code of Ethics and state law, SPONSOR shall not give a gift of any kind to CITY employees or officials. SPONSOR also confirms that SPONSOR does not have a business interest or a close family relationship with any CITY officer or employee who was, is, or will be involved in selecting SPONSOR, negotiating or administering this AGREEMENT. 12. Discrimination Prohibited: In its performance under this AGREEMENT, SPONSOR shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of AGREEMENT or any other benefits under this AGREEMENT, or procurement of materials or supplies. 13. Other Provisions: PAGE 3 OF 8 A. Approval Authority. Each individual executing this AGREEMENT on behalf of the CITY and SPONSOR represents and warrants that such individuals are duly authorized to execute and deliver this AGREMENT on behalf of the CITY or SPONSOR. B. Amendment and Modification. This AGREEMENT may be amended only by an instrument in writing, duly executed by both Parties. C, Conflicts. Any exhibits/attachments to this AGREEMENT are incorporated by reference only to the extent of the purpose for which they are referenced within this AGREEMENT. To the extent a SPONSOR-prepared exhibit conflicts with the terms in the body of this AGREEMENT or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this AGREEMENT shall prevail and the extraneous terms shall not be incorporated herein. D. Governing Law. This AGREEMENT shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. SPONSOR and all of the SPONSOR's employees shall perform this AGREEMENT in accordance with all applicable federal, state, county and city laws, codes and ordinances. E. Joint Drafting Effort. This AGREEMENT shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. F. Jurisdiction and Venue. Any lawsuit or legal action brought by any Party to enforce or interpret this AGREEMENT or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington,or its replacement or successor. G. Severability. A court of competent jurisdiction's determination that any provision or part of this AGREEMENT is illegal or unenforceable shall not cancel or invalidate the remainder of this AGREEMENT,which shall remain in full force and effect. H. Sole and Entire Agreement. This AGREEMENT contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. I. Third-Party Beneficiaries. Nothing in this AGREEMENT is intended to, nor shall be construed to give any rights or benefits in this AGREEMENT to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of the Parties and no one else. PAGE 4 OF 8 J. Assigns and Successors. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other Party to this AGREEMENT, and to the partners, successors, assigns, and legal representatives of such other Party with respect to all covenants of this AGREEMENT. K. Waivers. All waivers shall be in writing and signed by the waiving Party. Either Party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the CITY or SPONSOR from enforcing that provision or any other provision of this AGREEMENT in the future. Waiver of breach of any provision of this AGREEMENT shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. 1. Counterparts. The Parties may execute AGREEMENT in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one AGREEMENT. 14. Notices: All notices required or permitted hereunder shall be deemed duly given if sent by mail or delivered to the person at the address listed below. SPONSOR CITY OF RENTON ,•=i;-. %Ty' • - 1055 South Grady Way • Renton,WA 98057 ° g ',Vo7 kAkik'cr tka-P 044,"rt OP.) vc i4170"01 RA/ tit*net- 0--T" tra •42. 1.1...c. 04- AA...NNW Ltivt.A. t4r'-\ T APPROVED AS TO FORM: a/b/6„ t+yrri- ukti,*-1.4-"0-10.40 tr-sa it4 treb-`rr L-t-71$ 10,414P ed2 Shane Moloney City Attorney Contract Template Updated 12/29/2017 PAGE 5 OF g A.\\' `� 1. 1 i I 7 I I 0 , PAGE 6 OF 8 Attachment A Sponsor Recognition& Benefits Click here to enter text.Prernier sponsor of Renton's largest one-day event Premier sponsor name/logo featured in the event title Industry exclusivity Volunteer opportunities for sponsor employees First right of refusal for next year's event Marketing on digital reader boards on Maple Valley Highway and Benson Road Sponsor predominantly featured in city's marketing and communications plan for this event Opportunity to park company promotional vehicle on site Sponsor logo featured on city provided event banner displayed at park entrance Reserved VIP(grass)area at event City View/Cable Channel 21promotions(Renton's cable programming) Sponsor name/logo featured in paid social media boost Event spotlight in the Mayor's Newsletter and Renton CityNews City provided canopy and/or table for display booth at event During countdown tothe fireworks display,launch shell in appreciation of sponsorship Sponsor link on city's event webpage Sponsor invited to speak at the event's official welcome Sponsor receives VIP parking at event Sponsor recognition within announcements from the entertainmentstage Name/logo featured in event spotlight on city event webpages and social media platforms City will distribute sponsor-provided giveaways from event info booth Name/logo in seasonal flyers,posters,counter-cards,local newspaper (full-color ads),and press releases Name/logo included in day of event flyer Display sponsor-provided banners at event A-frame featuring sponsor logo at event information booth Sponsor name recognized in"Thank You"on city website and social media PAGE 7 of 8 0 PAGE 8 OF 8