CM-2015-793 - 5/29/2015City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sponsorship Agreement with Rocket Red for
advertising at the Sports Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/22/2015
Dept Director: Chad McDowell, General Services Director
Cost:
Indexes:
Attachments: Agreement, LAF
Department: General Services Department
Text of Legislative File CM -2015-793
City of Round Rock Page 1 Printed on 5/21/2015
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CITY OF ROUND ROCK
CONTRACT MANAGEMENT SECTION
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: General Services Project Name: Sponsorship Agreement
Project Mgr/Resource: Chad McDowell ContractorNenclor: Rocket Red
QCity Manager Approval
CMAtWording
Consider authorizing a Sponsorship Agreement with Rocket Red for advertising at the Sports Center.
Approval
xREmployee E.E. (Ric) Bowden �ay 11, 2015
4.
SPONSORSHIP AGREEMENT
ROUND ROCK SPORTS CENTER
This Sponsorship Agreement ("Agreement") is entered into as of G I, 20 , by and
among Rocket Red ("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, Rocket Red 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:
1. The term of this Agreement and the sponsorship rights granted hereunder shall
commence on May 1, 2015 and continue through Member 30, 2015 ("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 Eighty Three and 33/100
Dollars ($2,083.33). Sponsor shall pay such sponsorship fee, along with material production costs, to
the City upon execution of this Agreement.
The Sponsor shall receive the following sponsorship benefits:
✓ Display Wall Banner (Back wall of the Sports Center)
Quantity: 1 [$5,000/yr each] prorated to $2,083.33 for initial 5 month term
4. The Sponsor shall be responsible for the following:
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Payment of annual sponsorship fee
Cost of banner production & installation ($600)
The City shall be responsible for the following:
Coordinating banner artwork, production, and installation with sponsor and
City -designated sign company
Displaying banner on the back wall of the Sports Center
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.
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 purpose/product 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.
2
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.
IN WITNESS WHEREOF, City and Sponsor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Rocket Red
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Date Signed: - - p2D Date Sign t; 11417-1--
Attest:
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Attest:
By:
Sara L. White, City Clerk
For City, Approved as to r
By:
ephan L. Sheets, City Attorney
ROUND ROCK TEXAS
ADMINISTRATION DEPARTMENT
June 1, 2015
Mr. Jourdan Day
Account Executive
Rocket Red, Ltd.
1700 Pacific Ave., Suite 250
Dallas, Texas 752.01
Mr. Day,
Mayor
Alan McGraw
Mayor Pro -Tem
George White
Councilmembers
Craig Morgan
Frank Leffingwell
Will Peckham
John Moman
Kris Whitfield
On May 29, 2015, Assistant City Manager, Bryan Williams, executed a Sponsorship
Agreement with Rocket Red, Ltd for advertising at the Round Rock Sports Center.
City Manager
Laurie Hadley
Attorney
In L. Sheets
Enclosed is an executed original for your files. If you have any questions, please feel free to
contact Evan Sanders, Events and Marketing Coordinator at (512) 341-3352•
Sincerely,
Monique Adams
Assistant to the City Manager
Enclosure
File: CM -2015-792
CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664
[P] 512.218.5410 • [F] 512.218.7097 . roundrocictexas.gov