Sponsorship Agreement for 2015 Community Block Party - Boise Co-opQRN
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MERIDIAN COMMUNITY BLOCK PARTY
2015 SPONSORSHIP AGREEMENT
This MERIDIAN COMMUNITY BUCK PARTY 201SP�NSORSHIP
AGREEMENT ("Agreement") is made on th�is�.�`'day of ', 20� ("Effective Date"), by and
between the City of Meridian, a municipal corporation organized under the laws of the state of
Maho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Boise Co-op,
whose address is 888 West Fort Street, Boise, Idaho 83702 ("Sponsor"). For good and valuable
consideration and in consideration of the mutual promises and covenants herein contained, City
and Sponsor agree as follows:
1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be
recognized as, a 2015 Sponsor of City's Meridian Community Block Party event. The
specific sponsor position and benefits insured to Sponsor throughout the term of this
Agreement shall be attached hereto as Exhibit A.
2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall
prepay to City one thousand five hundred dollars ($1,500.00). In the event the Sponsor fails
to pay this amount in a timely manner as provided herein, City may immediately cancel and
void this Agreement. In the event that the Meridian Community Block Party is cancelled for
any reason, the amount prepaid shall be refundable.
3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the
promotional and advertising efforts enumerated for the sponsors in the Meridian Community
Block Party 2015 Sponsor/Partner Packet, attached hereto as Exhibit A.
4. Term. The term of this license shall be from the Effective Date through September 30,
2015, unless earlier terminated by either party by the method established herein.
5. Cancellation; scheduling. The parties acknowledge that the 2015 Meridian Community
Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 19, 2015
from 10:00 a.m. to 5:00 p. m., but cancellation may be necessary due to weather or other
conditions or circumstances. City shall have sole responsibility and discretion in scheduling
and/or cancelling Meridian Community Block Party activities, including any and all related
activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner
MERIDIAN COMMUNrry BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 6
Memorial Park is a public space, the management and scheduling of which shall at all times
be within the 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 the
Meridian Community Block Party, 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 Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment or materials used by Sponsor in the furtherance of this Agreement,
or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance
of the obligations described herein. 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, and/or property
insurance.
7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for 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.
8. Termination.
a. Termination for cause. If 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 specify the grounds for termination. The defaulting party
shall have seven (7) days after receipt of such notice to cure the default. If the default is
not cured within such period, this Agreement shall be terminated upon mailing of written
notice of such termination by the terminating party.
b. Termination without cause. Either party may terminate this Agreement for any reason
or without cause by providing to the other party seven (7) days' written notice.
c. No compensation upon termination. In the event of termination, whether for or
without cause, neither Party shall be entitled to compensation or damages for any
equipment or materials provided pursuant to this Agreement or obligations incurred in
furtherance of the rights conveyed by this Agreement. Notwithstanding this provision,
neither party shall be relieved of any liability for damages sustained by the other
attributable to a breach of this Agreement.
MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6
9. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, 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.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement 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. Both parties acknowledge that Sponsor is not 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 or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
Ioss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal 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
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. Waiver. Sponsor shall, and 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 from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. 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. Time of the essence. Sponsor acknowledges that services provided under this Agreement
shall be performed 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 of, and a default under, this.
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6
16. Non=discrimination. 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 Agreement. 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.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms 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. Agreennent,governed by Idaho law. 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.
20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
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:
Shannon McGuire
Shannon@sparkstrats.com
City
Colin Moss
emoss@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.
MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6
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24, Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements, leases, or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith.
25. 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.
26. 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.
27. Approval Required. This Agreement shall not become effective of binding until approved
by the City of Meridian.
SPONSOR:
Authorized Representative Signature
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MERIDIAN COMMUNrrY BLOCK PARTY PRF,SENTING SPONSORSHIP AGREEMENT
PAGE 5 of 6
Exhibit A
MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP PACKET
Kids Corner Sponsor
For $1,500 you will receive:
• The Kids Corner area will be renamed with your organization/business
name at the beginning. Example: [Your Business Name] Kids Corner. Kids
Corner activities will include free face painting, balloon twisters, arts and
crafts, costumed characters, etc.
• Two (2) Kids Corner Sponsor banners will be produced and setup at the
front of the Kids Corner area. You will have the opportunity to proof
banners before final design is approved by Meridian Parks and Recreation.
• The opportunity to set up a 10'x10' booth during the event to promote
your business/organization through displays, product sampling,
demonstrations, etc.
• Your logo linked to your website on the City of Meridian website on the
Meridian Community Block Party page recognized as the Kids Corner
Sponsor.
• Your logo and a link to your website included in promotional e-mail blasts
to our distribution list of over 9,000 e-mail addresses.
• Your logo and a link to your website on the Meridian Community Block
Party event listing on the Meridian Parks and Recreation page on Facebook.
This listing will also be posted on the City of Meridian page on Facebook.
• Your logo in the Meridian Parks and Recreation Fall Activity Guide in the
back cover, full-page color advertisement for the event. Over 25,000 copies
are distributed through direct mail and in the Meridian Press.
• The right of first refusal to continue as the event's Kids Coner Sponsor in
2016.
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