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CM-2023-053 - 3/24/2023LETTER OF AGREEMENT The purpose of this Letter of Agreement (the "Agreement") is to set forth the terms and conditions of the arrangement between CITY OF ROUND ROCK (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 CITY OF ROUND ROCK the following considerations: SPONSORSHIP ELEMENTS LED Outfield Sign (full season) The EXPRESS will provide CITY OF ROUND ROCK 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. CITY OF ROUND ROCK will have 15-20 exposures per game, appearing on both walls for approximately thirty (30) seconds. CITY OF ROUND ROCK has the option of changing artwork with 48-hour notice. Ticket Bank The EXPRESS will provide CITY OF ROUND ROCK 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 ($10,000.00 U.S.) per year due and payable not later than: 2023 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 CITY OF ROUND ROCK on or before applicable payment due date, EXPRESS may elect to charge CITY OF ROUND ROCK a late fee of 1.5% per month of the payment then due owing it until it is paid in full. It is agreed by CITY OF ROUND ROCK that any such election of remedies by EXPRESS does not �Zo�3-os3 ROUND ROCK EXPRESS FOR SPONSOR NAME: FOR EXPRESS: 5t ` �— NAME zaa#�ey Chris Almendarez folvoty Manager President CITY OF ROUND ROCK ROUND ROCK EXPRESS BASEBALL EXPRESS 221 E. Main Street 3400 E. Palm Valley Blvd. Round Rock, TX 78664 Round Rock, TX 78665 (512)218-5401 (512)238-2214) -aaWey@roundrocktexas.eov chris@rrexpress.com lea#e � ��� // Date: 03/3/2023 ROUND ROCK EXPRESS waive any other remedies for breach of contract available to EXPRESS. CITY OF ROUND ROCK 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 CITY OF ROUND ROCK in this Agreement, CITY OF ROUND ROCK 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 CITY OF ROUND ROCK herein and the sum resulting therefore shall be the sole remedy available to CITY OF ROUND ROCK 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, 2023. The term will include the EXPRESS' 2023 baseball season. If this Agreement is in full force and effect and CITY OF ROUND ROCK is not otherwise in default of its obligations under this Agreement, upon S CITY OF ROUND ROCK 's receipt of a renewal agreement, EXPRESS shall negotiate such agreement exclusively with CITY OF ROUND ROCK 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 CITY OF ROUND ROCK 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 CITY OF ROUND ROCK 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 ILVXAS"_ City of Round Rock OUND ROCK Agenda Item Summary Agenda Number: Title: Consider authorizing a Sponsorship Letter of Agreement with Round Rock Baseball Club dba Round Rock Express at Dell Diamond Outfield Wall. Type: City Manager item Governing Body: City Counc] Agenda Date: 3/24/2023 Dept Director: Allen J Banks Cost: $10,000.00 Indexes: General Fund Attachments: CMAF - Sponsorship Letter of Agreement RR Express.pdf, RRPDagreement23.pdf Department: Police Department Text of Legislative File CM-2023-053 The proposed agreement would provide for advertising on Dell Diamond's outfield, LED signage board for Police Department recruiting at each Round Rock Express baseball game during its 2023 season. In addition, the Express will provide tickets to baseball games on an as -needed basis. The $10,000 agreement is essentially the same as an agreement approved last year for the 2022 season. Cost: $10,000. Source of Funds: General Fund City of Round Rock Page 1 of 1