CM-2023-144 - 6/30/2023SPONSORSHIP AGREEMENT
ROUND ROCK SPORTS CENTER
This Sponsorship Agreement ("Agreement") is entered into as of November 23, 2022, by and
among Texas MedClinic ("Sponsor"), a corporation, and the City of Round Rock, Williamson County,
State of Texas, a home -rule municipal corporation, ("City"), for the purposes of contracting certain
sponsorship rights as set forth herein concerning the City of Round Rock's Facility known as the Round
Rock Sports Center ("Sports Center").
WHEREAS, City owns, operates and leases Sports Center, located at 2400 Chisholm Trail
Drive, Round Rock, Texas, for various sports and recreational events and activities; and
WHEREAS, Texas MedClinic desires to be a sponsor of the Sports Center based upon the
terms set forth below.
NOW THEREFORE, in consideration of the terms, conditions and covenants herein
contained, the parties agree as follows:
I. The term of this Agreement and the sponsorship rights granted hereunder shall
commence on June I, 2023 and continue through May 31, 2024 ("Expiration Date") at which time the
sponsorship rights granted hereunder shall automatically terminate.
2. In consideration of the grant of specified sponsorship rights under this Agreement,
Sponsor shall pay the following sponsorship fee: the sum of Two Thousand and No/100 Dollars
2 000 . Sponsor shall pay 50% of such sponsorship fee, along with material production costs, to the
City upon execution of this Agreement. Sponsor shall pay remaining sponsorship fee to the City no
later than May 31, 2023.
3. The Sponsor shall receive the following sponsorship benefits:
✓ Gymnasium Banner (Seating Section):
Quantity: 1 [$2,000 for 12-month term]
l banner in section 105
✓ Click -through logo on Sponsor Page of RRSportsCenter.com
Quantity: I
✓ Sponsored Social Media Posts:
Quantity:
✓ On -site Activation Events:
Quantity: 1
M-2_023-141f
✓ Use of Conference Room (Up to 8 hours):
Quantity: I
4. The Sponsor shall be responsible for the following:
Payment of annual sponsorship fee
Providing artwork for production of all physical & digital assets
Cost of banner production & installation
Providing content for sponsored social media posts
Coordinating on -site activation events
The City shall be responsible for the following:
Coordinating banner artwork, production, and installation with sponsor and
designated sign company
Displaying gymnasium banner above defined seating section
Displaying click -through logo on Sponsor page of RRSportsCenter.com
Coordinating sponsored social media posts and on -site activation events
6. The parties may agree in writing, subject to the approval of the City's authorized agent,
to extend the Agreement prior to the expiration of the initial term or any subsequent extended term.
7. Each party shall indemnify, and hold the other party harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of the other
party. Nothing herein shall be deemed to limit the rights of the parties (including, but not limited to
the right to seek contribution) against any third party who may be liable for an indemnified claim.
8. Sponsor, its agents, and employees shall use best efforts to comply with all applicable
federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with
all applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
9. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
10. If any party breaches any of the terms and conditions of this Agreement and fails to
rectify such default in accordance with a written notice from a non -defaulting party within ten (10)
days after the date of such notice (or a longer period if all parties agree to same in writing), a non -
defaulting party may terminate this Agreement at any time thereafter.
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10.1 City may terminate this Agreement immediately if any of the following occur:
10.1.1 Sponsor is wound up or dissolved, becomes insolvent or enters into an
agreement with its creditors, or if a receiver, manager or liquidator is appointed in
respect of Sponsor;
10.1.2 Sponsor's business operations or the business or activities of any
associated company are contrary to any City of Round Rock policy;
10.1.3 City determines that, for whatever reason, it should no longer use the
sponsored purposelproduct or be associated with Sponsor.
10.2 Sponsor may terminate this Agreement immediately if it determines that, for
whatever reason, it no longer wishes to continue sponsorship as set forth herein.
10.3 The rights and remedies herein conferred are cumulative and not exclusive of
any other rights or remedies, and shall be in addition to every other right, power and remedy
that Sponsor may have, whether specifically granted herein, or hereafter existing at law, in
equity or by statute, and any and all such rights and remedies may be exercised from time to
time and as often and in such order as Sponsor may deem expedient. No delay or omission in
the exercise or pursuance of any right, power, or remedy shall impair any such right, power, or
remedy or be construed to be a waiver thereof.
10.4 If this Agreement is terminated, Sponsor shall not be required to pay any unpaid
installments of the sponsorship fee (if payment is by installment).
10.5 The termination of this Agreement shall not prevent any party from taking
action to enforce a term or condition of this Agreement in respect of any breach occurring prior
to such termination.
10.6 Upon the occurrence of default, the defaulting or breaching party agrees to pay
all damages, costs, and expense, including without limitation, reasonable attorneys' fees and
legal expenses, incurred by the non -defaulting or non -breaching party in recovering such
damages, costs, and expenses or in enforcing or exercising any remedies under this Agreement.
11. The rights of either party under this Agreement shall not be transferable or assignable
either in whole or in part.
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IN WITNESS WHEREOF, City and Sponsor have executed this Agreement on the dates indicated.
City of Round Rock, Texas
By:
Printed me: C
Title: C4-Aei_)'__
Date Signed: Q Z3c7 23
Attest:
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Texas MedClinic
By: Z_ aa ?,4- t !T
Printed Name: _Leah MWIinez
Title: Marketing Manager _
Date Signed_May i, 2023 ___
IROUND ROCK
XAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sponsorship Agreement concerning the Round Rock Sports
Center for June 1, 2023 continuing through May 31, 2024.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/30/2023
Dept Director: Chad McKenzie - Director Sports Management
Cost:
Indexes:
Attachments: Texas MedCiinic Agreement - SC
Department: Sports Management & Tourism
Text of Legislative File CM-2023-144
Sponsorship agreement with Texas MedCiinic for advertising at the Sports Center. Gymnasium banner,
click through logo on Sports Center website, social media post, on site activation event and use of a
conference room.
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