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HomeMy WebLinkAboutSponsorship Agreement with R.C. Willey for CableOne Movie Night in MeridianCONE" MU1'le Nl~llt - jl ~ ~ Meridian Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this ~ day of ~~, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and RC Willey, whose address is 3301 East Lanark Drive, Meridian, ID 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single-Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single-Night Sponsor of City's August 16~', 2013 installment of the weekly summer Cab1eONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single-Night sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2013, Sponsor shall prepay to City three hundred and fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a raincheck to Sponsor for redemption as a Single-Night Sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to Cab1eONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single-Night Sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. MOV(ENIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 1 Of S h® Pro otional to ~i ita °ons. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2413 Sponsorship Packet attached hereto as Lxhrbrt A, shall not be permitted without prior written permission from City. Such permission may be withheld or revpked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate, c. 'video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre-approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, o#'any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations, 4. 'T'erm. The term of this agreement shall be from the Effective TJate through September l , 2013, unless earlier terminated by zither party by the method established herein. S. Cancellation; scheduling. The parties- acknowledge that the 20l 3 Cab1eONE Movie Night in Meridian event sories schedule shall include twelve to fourteen { l 2-14) weekly movie showings dur•ii~g June, July, and August, but cancellation of any or all movie showings- may he necessary due to weather or other conditions or circumstances. City shall have sale responsibility and discretion in scheduling and/or cancelling Cab1eQNE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. 7'he parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within tl-~e sole purview of City, Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from Cab1eQNE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with ,Sponsor's use. 6. Insurance S®nsor9s responsibility, City shall not provide insurance to Cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in thr; furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherancc of the obligations describcd 1lcrcin. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, andlor property insurance. Mt7VIT~ NiCrFiT SINCiI..i;-I~TTCrHT SF'(7J~~()[<SWTP AGRFt'.Ml"iVT PAGE 2 Of 7® IJse of City's na c, logo. City hereby conveys to Sponsor permission to use City's Warne foI° purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. S. T'er inatio~e a. Ter ination I'or cause. Tf either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall speciTy the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of s~~ch termination by the terminating party. b. 1`1o co peasatio~x upon terit~atiorto Yn the event of termination, neither Party shall be entitled to compensation or damages for any equipment ar materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. y, hotography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. l 0. ~elatiortsi of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, ar partner of City. Nothing in this AgreemenC shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between .Sponsor and any official, agent, or employee of City. Bvth parties acknowledge that Sponsor is trot an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement, Sponsor shall have no authority ar responsibility tv exercise any rights yr power vested in City, The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 1 1. Yr~de nification. Sponsor sp~citically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or cquipmcr~t, and to Sponsor's cmploye~s, agents, or volunteers arising out of or resulting from the condition of City's real or pe~•sonal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MnVtF NIGHT SINGI,.PTNCCrI-T'r SI~t~'svRSHIP AGRT'T?MINT Pnoir 3 of 5 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, ar invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. aivetr. Sponsor shall, at~d hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising Pram, grOwitlg Out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss ar damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Tars. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Tirane of the essence. Sponsor acknowledges that services provided under this Agreement shall be perfort•ned in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach af, and a default under, this Agreement by the party so failing to pet•fot-m. 15. Compliance t~vitb lave. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. t` 1 b. l`Tonriserirrziation. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Ag~reem;ent. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or• contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 1$. Costs and attorneys' fees. If either party brings any action ar proceedings to enforce, protect or establish any right or remedy under the Cerms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. A.gree~nent govera~ed by Idaho lave. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement, 'Venue shall be in the courts of Ada County, Idaho. ?0. CuinulatiVe rights and remedies. AI] rights and remedies herein enume~•ated shall be cumulative and none shall exclude any other tight or remedy allowed by law. I~ikcwisc, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other 1't',mC'dy. M(7VII? NCGT~T SiNGI.t'_NIfiiHT SPni\5nRSHTP AGRP.I?Mr'NT ~'AGF 4 Of S 21. Severability. if any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Katie Vaage katie.vaage@rcwilley.com City: Colin Moss cmoss @ meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: ~~~ c` Auth rized Representative Signature G Please Print Name CITY OF MERIDIAN: ~QDgpTED A G~ ~~ -- c,~y Qf BY: ,, Tammy e eerd, Mayor ~~. $~ a m T~Q •~r1e TRF ASU0.0.~e MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGRF,RMENT ,,sr~ ,,/ G-~ ~m//1 . ~S~ ~ . Title Date EST: ~,~~ ., ; ,~'at ~i" ~~ `K f ~~g~ H~lr>ha~I,~ City~l~ i~ ~t:J PAGr-, 5 of 5 ~~~ o // l f 7 C_~-s~ 7~ L% ~ s~`~-~~~t !~ (.~`~~.~~a:. ~ _~. ~~,.1 ~"~..:.) 1~( t ~ L~'/ ~i~~/_~ ~i~lyl, ~®~r/-`r_®/_~~~~ ,l ' CCC 2013 Sponsorship Packet '., _ ~ " ~ i ~ i ~ I _ F ~~ . .' _.~ r r ~ 3„ ~.~ `~ { I'v, - ~ ~ ~ t% ~ 1 ~ ~~~~;~_~1:. ~~ ~QCi,^¢ t~'IOtiC!'iYSIPJ P.Ii~lO ~,(~~Li,^:~, fidC, Meridian Par1~s and Recreation is very excited to bring ~ ° - ° ° back in 2013 ! After kicking off the program in 2007, we've had six extremely successful seasons. Last year, an estimated 1,500-2,500 people flocked to Settlers Park every Friday in the summer to participate in what has become Meridian's biggest slumber party! We're hoping to build on that success and make 2013 our best season yet! This program is designed to provide Meridian residents with a series of fun and inexpensive events to attend during those beautiful summer evenings. Every Friday from the beginning of June through the end of August, we will set up our huge, 30'x17' inflatable movie screen and invite the public to enjoy a family friendly movie for FREE ! .~ ® ;~ Tyi~~~ provides a great community atmosphere and has already become a favorite summer activity of many Meridian families. :~ . ii ; _ ~' ~ ~z~ " ~ _ i~~~~ s ~~ i -~~', ~ ~`~ J~~.-~ ~` J ~~' ~~ ~,_1 , . ,1 e ~`~, ~ ,. _~_ ~~ ~ `~ r.. ~ ~ ~ ~. ~ `,~~ > > :, `~ ~ ~~ ~ ~ r~ct,: ~ ~ ~ ~i ~~ . ~~~ _ ..c`?~ _ ~ a 7; ,r. r ~ s ', - z . ~, Sincerely, Colin Moss Recreation Coordinator Meridian Parks and Recreation 33 E. Broadway Ave. Suite 206 Meridian, ID 83642 Phone: 888-3579 Fax: 898-5501 ~~ , -~- s i ~-: ` ; .. ,r ~ ~~ ~ ~~~. .~. _ ~.~z~ ~ ' ~~ , ~ ~ ~ '~ ~. ~.. _ r ~ ~, ~ ~ ~~~~ .-_ r ~,, ~. -i -' I ~ti j ~;. I ]~~~ ~ ~ ~ ,_~'+ ~N: 4r:~ ~~ , ' ~f~ L ~~ ~ ~ ~ I.~, c; - _ .; - -~ ~ r.~ - ,,. ~ I ~ ~ , ';i The fact that ~G~~~~® ~N~~ ..M~g.&.t is free to the public is the biggest reason why it's been such a huge success and that is only possible with the help from a great team of sponsors. Please read the following pages to learn more about the different sponsorship levels that are available and to decide which level is right for your organization. Please contact me using the information below with any questions you may have about this exciting program. See you at the show! ,t, _ r, -- ~ ~i._ ~,z _r ~~ pp f ~ , ~ -~ - F _ ,~ *.~ t ~~' ^ ` ~l -tom l. j JG.. '~~4~ ~ t~~ ' ~~ ] Yj' ` ' i , _ ~~ ~ ~ ~. t r _ ~- f ~ ~ .~ r,h a 7j ' 1 ` ~ t ~v , ,~~4 ~J' 1 . , E-Mail: crnoss~meridiancty.or~ ~'~ ~~-, ~_~~ E,__ ,f ; ~' ~,~~'~~~ ~~_: ~ ~. www.tneridiancity.or~lparks rec `~ `" www.facebook.com/meri dianparksandrecreation ~~ ~ L- f~ i ~ ~ 7 ~~/ 1 / I - - <' = 1 / ~) -7 6 / r n_ ~ ~ L// ~ jar[ ~ ~) f ~ ~ ~ ~ /C} / L L.'~~C 's,~ lj Ll 1~ !._~v `,~ ~~ ~rr~ ~~ ~ 'L'_® .L'~ l ~ ~.r`~ ~ ~ l l ~ ~~ f y F ~ ,~ f ~ ! l~~' I Single Night Sponsor ~:: kj .,,._:. F®r X350 y®u will ~°eceive. ® Recognition as one event's sponsor in all promotional efforts for that event. The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. The opportunity to insert one (1) thirty (30) second advertisement into the pre- movie video at your movie night. The opportunity to hang up to two (2) banners no voider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to bang your banner on. Your logo linked to your website on the City of Meridian website next to your event's listing on the Cable®NE Movie Night in Meridian page. Your logo and a linl~ to your website on your movie night's event listing on the Meridian Parks and Recreation page on Facebook. Your logo next to your event's listing on the Cab1eONE Movie Night in Meridian flyers that are distributed throughout the season. ~>> ~ E //l ~ ~ / 1 li ~`~' ~~ _ _ I~ ~~, ~~ ~; ~/, rase ti S® ~. .,. ill receive: Recognition as the series presenting sponsor for one (1) full season in all promotional efforts such as TV, newspaper, radio, e-mails, Internet, and flyers. One season will include up to fourteen (14) shows during the summer months of June, July and August. The opportunity to set up a booth at each show during your season. The opportunity to insert one (1) thirty (30) second advertisement into the pre- movie video at each show during your season. Your logo displayed and your business or organization's name spoken in the "Sponsored by" portion of the welcoming video at every show. The opportunity to hang one (1) banner on the movie screen and up to two (2) banners no wider than eight (8) feet each around the seating ..area at each show. Banners around seating area must be free-standing. There. will be no fences, trees, buildings, etc around the seating area to hang your banner on. ® Your logo linked to your website on the City of Meridian website above the movie schedule the CableONE Movie Night in Meridian page. Your logo and a.link to your website on every Cab1eONE Movie Night in Meridian event listing on the Meridian Parks and Recreation page on Facebook. Your logo in the Meridian Parks and Recreation Summer Activity Guide in the advertisement for the upcoming season. Over 25,000 copies are distributed through direct mail and the West Edition of the Idaho Statesman and the guide is promoted heavily online throughout the summer. Available only if sponsorship is confirmed by March 31St Your logo at the top of the CableONE Movie Night in Meridian flyers that are distributed throughout the season.