HomeMy WebLinkAboutContract CAG-17-134
� CiTY OF
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SPONSORSHIP AGREEMENT WITH THE LANDING FOR RENTON'S
FABULOUS 4T" OF JULY 2017
THIS AGREEMENT is made as of the 6�h day of June, 2017, between the CITY OF
RENTON, a municipal corporation of the State of Washington, hereinafter referred to as
"CITY," and JSH PROPERTIES ON BEHALF OF CPT THE LANDING LLC, DBA"THE
LANDING," hereinafter referred to as "SPONSOR," to provide financial sponsor support of
Renton's Fabulous 4t'' of Julv for 2017, hereinafter referred to as "EVENT."
The CITY and SPONSOR agree as set forth below:
1. Event Date(s) and Location: EVENT is July 4, 2017. EVENT will be held at Gene
Coulon Memorial Beach Park.
2. Recognition and Benefits: SPONSOR will be featured as the Event Co-Sponsor
of EVEN7. 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. Sponsorship will be promoted
as "Event Co-Sponsored by The Landing." Other benefits to SPONSOR are as also
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$7,500.00 (seven thousand five
hundred dollars) to the CITY. Payment in full shall be made no later than June 30,
2017, to the CITY. SPONSOR shall provide its logo to the CITY for event marketing
purposes.
4. Term: This AGREEMENT shali commence on the date above-written and shall
continue until July 5, 2017.
5. Cancellation Policy: The CITY has the right to cancel EVENT due to inclement
weather or for any other reason. The CITY will notify SPONSOR immediately
following the decision to cancel EVENT. Furthermore, the City will credit SPONSOR
with sponsorship opportunities at a future event worth the estimated value of the lost
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event, or at SPONSOR'S request, the Parties will negotiate another form of
compensation.
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 re►ated to this AGREEMENT as required by the
CITY to audit expenditures and charges and/ar to comply with the Washington State
Public Recards 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 shalf indemnify, defend, and hold harmless the CITY for a!I 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, ernployees, 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
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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 SPONS4R's
negligence.
It is further specifically and expressly understood that the indemnification provided in
this AGREEMEN7 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 AGREEMETN or
any other benefits under this AGREEMENT, or procurement of materials or
supplies.
13. Other Provisions:
A. Approval Authoritv. 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
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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. Governincl Law. This AGREEMENT shall be made in and sha{I 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 Draftinq 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. Severabilitv. A court of competent jurisdiction's determination that any provision
or part of this AGREEMENT is illegal o� 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-Partv 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 wilf be for the sole and exclusive benefit of the Parties and no one
else.
J. Assiqns 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 alt 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
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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 canstitute 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
,
Rod wift Kelly Beyme
Executive Director Administrator, Community Services
JSH Properties City of Renton
(on behalf of CPT The Landing LLC) 1055 South Grady Way
10655 NE 4t'' St., Suite 901 Renton, WA 98057
Bellevue, WA 98144
APPROVED AS TO FORM:
.,���� ���'°T"�"
�
Shane Moloney, City Attorney
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Attachment A
Sponsor Recognition & Benefits
a) Sponsor's Name/Logo featured in City of Renton produced and paid event promotions and
marketing, including flyers, event poster, and print ad.
b) Feature information in the City's Parks & Recreation Summer Guide (40,000 produced).
c) Newsprint press releases leading up to event.
d) Summer community event flyer and cross promotion pieces.
e) Featured spotlight on the City website� www.rentonwa.gov(historically, over 200,000
weekly page views).
fl Social media inclusions on City of Renton Facebook and Nextdoor.
g) Link(s)to Sponsor website from City's 4th of July event pages.
h) Event information featured on the electronic reader board at the Renton Community Center
along Maple Valley Highway.
i) Renton Chamber of Commerce Newsletter event flyer insert.
j) Listing on the Renton Chamber of Commerce Community Events webpage.
k) City to provide 10x10 or 10x20 space for Sponsor display booth during event(if requested).
I) Sponsor to distribute marketing materials �elated to own organization/services from within
Sponsor display booth during event. If preferred, Sponsor can provide marketing materials
which will be distributed from the City of Renton Event Information Booth.
m) Representative from Sponsor invited to gi,v�e an OfficiaM4Wefe�Tn�e at the.�ntertainment Stage
at a pre-determined time. ""���-"° �'°',�'�"��"�` �-��"-t '��,,.
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n) City View/Cable Channel 21 promotions (Renton's cable programming).
o) Frequently recognize Sponsor during the event in announcements from the Entertainment
Stage.
p) Provide space for two banners (provided by Sponsor); to be placed within the general park
grounds.
q) A-frame signage featuring Sponsor logo at Event Information Booth.
r) Provide four VIP parking passes.
s) Sponsorship of event featured in publicity generated by Sponsor.
t) Sponsor of the largest one-day event held in Renton each year.
u) Sponsorship of Renton's Fabulous 4th of July Celebration at Gene Coulon Memorial Beach
Park will enhance exposure within the community and credit Sponsor for commitment to the
community and to the region.
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