HomeMy WebLinkAboutContract CAG-19-228
+
4' .rit r,
SPONSORSHIP AGREEMENT WITH LAND 0' FROST FOR
SPONSORSHIP OF RECREATION TEAMS IN
WINTER/SPRING/FALL 2019 SEASON
THIS AGREEMENT dated January 1, 2019 for references purposes, is made between the CITY OF
RENTON,a municipal corporation of the State of Washington,hereinafter referred to as"CITY,"and
Land 0'Frost,hereinafter referred to as"SPONSOR,"to provide financial sponsor support of 115 City
recreation teams during the winter/spring/fall 2019 season hereinafter referred to as"EVENT."
The CITY and SPONSOR agree as set forth below:
1. Event Date(s)and Location: The scope of the sponsorship of 115 City recreation teams during
the winter/spring/fall 2019 season. The obligations of SPONSOR and CITY are as described in
Attachment A.
2. Recognition and Benefits: Benefits to SPONSOR are 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 $12,075 (Twelve-thousand and seventy-five
dollars)to the CITY.Payment in full shall be made no later than August 30th,2019,to the CITY.
SPONSOR shall provide its logo to the CITY for event marketing purposes on or before August
30th, 2019.
4. Term: This AGREEMENT shall commence upon the authorized signature of this Agreement
by the SPONSOR and CITY and shall continue until December 315T, 2019 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.
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
PAGE 2 OF
•
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:
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.
se
PAGE 3OF6
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.
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
•
PAGE 4or6
1
3
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.
L. 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
a 7/3,b?
1acaiIpanKCo4sMarketing Kelly Beymer Com ity Servlc
Land 0'Frost 1055 South Grady Way
13063 West Linebaugh Avenue Renton, WA 98057
Tampa,FL 33626 kbeymer@rentonwa.gov
mcalipari@knoxsports.com (425)430-6600
(813)891-6653
APPROVED AS TO FORM:
Shane Moloney
City Attorney
Contract Template Updated 03/12/2019
PAGE 5 of 6
Attachment A
Sponsor Recognition&Benefits
[See attached document,]
PAGE 6 of 6
5052
ContractlD
Great Tasting L.unchrneat
Renton Parks& Recreation
/LA_ND 0'FROST SPONSORSHIP 2019.
The following will be included in the comprehensive 2019 Land O'Frost Youth Sponsorship Program for the
Seattle area.The following is a summary of the elements that will be included in the annual sponsorship agreement
Renton Parks&Recreation(RPR)and Land 0'Frost(LOF).
This agreement will commence on January 1,2019 and will terminate on December 31, 2019
Sponsorship Elements:
This sponsorship will focus on approximately 1(5 teams in the Winter/Spring/Fail 19'season.Land 0'Frost will sponsor
teams 10 and under.
• Prominent Logo inclusion on the front or back of jerseys for 115 teams. LOF will supply all necessary logo
artwork and RPR will have the shirts printed.. (The LOF logo will need to be a minimum of
2'4"11 x 10"W. The phrase Great Tasting Lunchmeat will need to be placed underneath the Land 0'
Frost oval.Land 0'Frost to be the exclusive jersey sponsor,no other corporate logos to be placed on
jerseys.)
• Opportunity for mention/inclusion of Land 0'Frost product message in any league/parent communication.
• One approximately 4' x R'bannet for similar signage)to be displayed where RPR, that LOF
sponsors play. (LOF will give banner artwork and RPR will have banner printed)
• Logo inclusion on RPR game schedules for teams sponsored.registration materials and newsletters
if possible.
• Land 0' Frost Web Banner Ads and Social Media posts to discuss downloading the Land 0' Frost Youth Sports
Rewards App.(LOF will email artwork)
• A minimum of two(2)annual Email Blasts to all parents,if available,letting them know of the LOF
Youth Sports Rewards App. (LOF will provide Email Blast Template)
• Bonus Incentive:RPR can scan up to 1,000 UPC codes(via the LOP Youth Sports App)and you will receive a
maximum bonus of $1,500 from Land 0'Frost. UPC codes must be scanned in by October 31,2019.
• Client will need Proof of Purchase(115 team pictures)by December 31,2019. The Land 0'
Frost logo will need to be clearly identified on the shirts in 115 team pictures.The pictures can be
informal,taken with a digital camera or regular film.
LAND 0' FROST WILL DONATE: S12,075.00
e1M4.4 nunl� /►C Knox
Renton ti .d�r-1' Relrresentitive Lan i 0'Frost Represe tative
i' •