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CM-2022-069 - 3/25/2022LETTER OF AGREEMENT The purpose of this Letter of Agreement (the "Agreement") is to set forth the terms and conditions of the arrangement between ROUND ROCK POLICE DEPARTMENT (hereinafter "SPONSOR") and the ROUND ROCK BASEBALL CLUB LP dba ROUND ROCK EXPRESS (hereinafter "EXPRESS"). In exchange for the below stated compensation, during the lifetime of this Agreement, the EXPRESS shall provide ROUND ROCK POLICE DEPARTMENT the following considerations: SPONSORSHIP ELEMENTS LED outfield Sign (full season) The EXPRESS will provide SPONSOR with one (1) advertising location on the Dell Diamond Outfield Wall, at all Round Rock Express home games. The LED signage boards will be located on both the left -center and right -center field walls with each advertising location measuring approximately 6' h x 100' w, SPONSOR will have 15-20 exposures per game, appearing on both walls for approximately thirty (30) seconds. SPONSOR has the option of changing artwork with 48-hour notice. Ticket Bank The EXPRESS will provide SPONSOR with tickets to Round Rock Express baseball games on an as -needed basis. SPONSOR may contact EXPRESS via email for digital tickets to chris@rrexpress.com PAYMENT TERMS -- Total Sponsorship Cost is Ten thousand dollars ($20,000.00 U.S.) per year due and payable not later than: 2022 Payment Schedule: Payment due on April 1- $10,000 Payments will be invoiced by the EXPRESS and shall be paid to: ROUND ROCK EXPRESS BASEBALL CLUB Attn: Accounts Receivable 3400 East Palm Valley Blvd. Round Rock, Texas 78665 If the EXPRESS does not receive any payment from SPONSOR on or before applicable payment due date, EXPRESS may elect to charge SPONSOR a late fee of 1.5`Yo per month of the payment then due owing it until it is paid in full. It is agreed by SPONSOR that any such election of remedies by EXPRESS does not C*f-2o, ROUT ROCK EXPRESS. waive any other remedies for breach of contract available to EXPRESS. SPONSOR agrees to pay any cost that the EXPRESS incurs because of failure of payment, including attorney's fees. if the EXPRESS fails to make available the services to be provided to SPONSOR in this Agreement, SPONSOR shall be entitled to a refund of advertising costs on a pro rata basis. Such fraction shall be multiplied by the payment required to be made by SPONSOR herein and the sum resulting therefore shall be the sole remedy available to SPONSOR. TERMS AND CONDITIONS The term of this Agreement will commence upon the proper execution of this signed letter of Agreement and shall conclude on September 30, 2022. The term will include the EXPRESS' 2022 baseball season. If this Agreement is in full force and effect and SPONSOR is not otherwise in default of its obligations under this Agreement, upon SPONSOR's receipt of a renewal agreement, EXPRESS shall negotiate such agreement exclusively with SPONSOR for a period of thirty (30) days (the "Exclusivity Period"). If the parties have not executed a final, definitive agreement with respect thereto by the end of the Exclusivity Period, EXPRESS may sell the sponsor benefits itemized herein to another party. Additional items or elements not outlined or described in this Agreement will be reviewed and approved by representative of SPONSOR and the EXPRESS and shall come as an addendum of this Agreement or under the terms of a separate agreement. It is mutually understood that no agreement or promise has been made in reference to this Agreement that is not stated herein or attached hereto and that there is no verbal understanding of any kind that can in any way affect the terms of this contract. In consideration of the acceptance of this advertising order, recognizing advance expenditures, and because of the necessity of reserving space for the entirety of the baseball season, it is hereby understood that no part of this contract can be countermanded or cancelled. In the event the Coronavirus (COVID-19) pandemic causes the cancellation of part of a season, the sponsorship fee for such season shall be prorated. In the event that the COVID-19 pandemic causes the cancellation of an entire season, the term of this Agreement shall be automatically extended for one additional season. Any such extension shall be implemented in a manner consistent with the terms described herein, including without limitation the fee escalator provisions thereof, if applicable, and any such extension or proration shall be effective without the need for any amendment to this Agreement or other attachment hereto. Should EXPRESS operations or capacity to conduct business be limited via national, state or local authorities due to the COVID-19 pandemic, EXPRESS will work with SPONSOR to reasonably reassess this Agreement with as much advanced notice as possible. With the authority to approve such matters, we, the below signed, agree to the terms and conditions set forth in the preceding Agreement by and between aforementioned parties. ROUND ROCK EXPRESS FOR SPONSOR NAME: FOR EXPRESS: NAME Allen Banks Police Chief Round Rock Police Department 2701 N. Mays Street Round Rock, TX 78681 (512) 218=5500 abanks71rgun0rocktexas.eou Chris Almendarez President ROUND ROCK EXPRESS BASEBALL EXPRESS 3400 E. Palm Valley Blvd. Round Rock, TX 78665 (512) 238-2214) chris rrexpress.co.m 0 Date: 3f Z �I Z Z' Date: 03/07/2022 ROUND ROCK EXPRESS City of Round Rock ROUND ROCK TEYAS Agenda Item Summary Agenda Number: Title: Consider executing a Letter of Agreement with Round Rock Express Baseball Club dba Round Rock Express to provide sponsorship for advertising at Dell Diamond. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/25/2022 Dept Director: Allen J Banks, Chief of Police Cost: $10,000.00 Indexes: General Fund Attachments: CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION[1420], Memo Letter of Agreement Sponsorhip Advertising at Dell Diamond, Round Rock Express Baseball Club[1421] Department: Police Department Text of Legislative File CM-2022-069 This agreement with Round Rock Baseball Club LP, dba Round Rock Express provides the Department with advertising via an LED signage board in the stadium's outfield. This agreement provides for 15 to 20 advertising exposures per game during the baseball season through Sept. 30. In addition, the Express will provide the Department with tickets to baseball games on an as -needed basis. The Department engaged in a similar contract several years ago as a recruiting tool, and we seek approval for similar purposes of this agreement in the event of a resurgence of COVID protocols, the Express will prorate the cost based on the number of games lost. Cost: 10,000 Source of Funds: General Fund City of Round Rock Page 1 of I