CM-2014-477 - 8/1/2014City of Round Rock
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Agenda Item Summary
Agenda Number:
Title: Consider executing a Consulting Agreement with Agency BrandNew, LLC
for professional consulting services related to the evaluation and
identification of potential companies/corporations suitable for sponsorship
opportunities at the Sports Center, specifically the naming rights of the
Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/1/2014
Dept Director: Chad McDowell, General Services Director
Cost:
Indexes:
Attachments: Agreement, LAF
Department: General Services Department
Text of Legislative File CM -2014-477
With the approval of this agreement Agency BrandNew will work with the Sports Center to
help find sponsorship opportunities and potential clients for the "Naming Rights" of the
facility". The City is only obligated to pay Agency BrandNew when they bring a potential
client to the table and the city enters into an agreement with them. All agreements will be
brought to the CM and or Council for their approval.
Staff Recommends Approval
Consultant's total compensation for consulting services hereunder shall not exceed
eighteen percent (18%) of the sponsorship fees received by City.
City of Round Rock Page 1 Printed on 713112014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Consulting Agreement for assistance identifying a
Department Name: CVB/General Services Project Nagle: naming rights sponsor for the Sports Center
Project Mgr/Resource: Nancy Yam
Council Action:
ORDINANCE
Agenda Wording
City Manager Approval
Contractor/Vendor: Agency BrandNew, LLC
RESOLUTION
CMA Wording
Consider executing a Consulting Agreement with Agency BrandNew, LLC for professional consulting services related to the
evaluation and identification of potential companies/corporations suitable for sponsorship opportunities at the Sports Center,
specifically the naming rights of the Center.
Attorney Approval
z
Attorney Date�/a///Y
O:\wdox\SCClnts\0130\1400\MISC\00307548.XLS Updated 6/3/08
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FOR PROFESSIONAL CONSULTING SERVICES WITH
AGENCY BRAND NEW, LLC
THE STATE OF TEXAS
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
THIS AGREEMENT for professional consulting services related to the City of Round
Rock's Sports Complex (hereinafter referred to as the "Agreement") is made by and between the
CITY OF ROUND ROCK; a Texas home -rule municipal corporation with offices located at East
Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as the "City") and
AGENCY BRAND NEW, LLC, located at 401 Congress Avenue, Suite 1540, Austin, Texas
78701 (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City previously determined that there is a need for the delineated services;
and
WHEREAS, City desires to enter into an Agreement with Consultant for assistance in
evaluating and identifying potential companies/corporations suitable for sponsorship
opportunities at the Round Rock Sports Complex (hereinafter referred to as the "Sports
Complex"), specifically the naming rights of the Sports Complex; and
WHEREAS, City and Consultant (hereinafter referred to as the "parties") desire to enter
into this Agreement to set forth in writing their respective rights, duties and obligations
hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it
expires by operation of the term indicated herein.
CM -2014-477
B. The term of this Agreement shall be for twenty-four (24) months from the
effective date.
C. At City's option, this Agreement may be renewed for a maximum of one (1)
additional period of time, not to exceed twelve (12) months.
D. City reserves the right to review the Consultant's performance at any time during
the initial term or the renewal period, and may elect to terminate this Agreement
with or without cause or may elect to continue.
2.0 CONTRACT AMOUNT; AND SCOPE OF WORK DELINEATION
In consideration for the professional consulting services to be performed by Consultant
pursuant to the Scope of Work delineated in Exhibit "A," and fully incorporated herein, City
agrees to pay Consultant a fee equal to Eighteen percent (18%) of any sponsorship fees
received by City pursuant to any sponsorship contracts entered into for the Sports Complex
during the term -of this Agreement tor in which negotiations have commenced and have been
substantially completed during the term of this Agreement, regardless of whether such
sponsorship fees are paid to City pursuant to the sponsorship contract during the term of this
Agreement, or thereafter. Consultant shall be entitled to continue to receive this fee with respect
to any sponsorship contract that is extended beyond the sponsorship contract's initial term as a
result of the exercise of an extension option in the sponsorship contract, regardless of whether
said option to extend is exercised before or after the expiration of the tern of this Agreement.
Consultant shall perform its services _ in accordance with this Agreement and in
accordance with the referenced Scope of Work described in Exhibit "A." Consultant shall
satisfactorily provide all services and deliverables described under the referenced Scope of Work
within the term of the Agreement specified in Section 1.0. Consultant's undertakings shall be
limited to performing services for City and/or advising City concerning those matters on which
Consultant has been specifically engaged. Consultant shall perform its services in a professional
and workmanlike manner. An example of Consultant's previous work is attached as Exhibit "B"
and fully incorporated herein.
Consultant shall not undertake work that is beyond the Scope of Work set forth in Exhibit
"A." However, either party may make written requests for changes to the Scope of Work. To be
effective, a•change to the Scope of Work must be negotiated and agreed to in all relevant details,
and must be embodied in a valid Supplemental Agreement as described in Section 4.0 hereof.
3.0 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES
Not -to -Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed eighteen percent (18%) of the sponsorship fees
received by City as set forth in Section 2.0. This amount represents the absolute limit of City's
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liability to Consultant hereunder unless same shall be changed by Supplemental Agreement, and
City shall pay, strictly within the not -to -exceed sum recited herein, Consultant's professional
fees for work done on behalf of City. This amount includes all reimbursable expenses, including
travel costs.
Payment for Reimbursable Expenses: There shall be no payments for reimbursable
expenses included in this Agreement.
Deductions: No deductions shall be made for Consultant's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions: No additions shall be made to Consultant's compensation based upon project
claims, whether paid by City or denied.
4.0 SUPPLEMENTAL.AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if City determines that there has
been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials famished unless and until there is full execution of any Supplemental Agreement, and
City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant
relating to additional work not directly authorized by Supplemental Agreement.
5.0 ' INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit a detailed invoice to
City for services rendered. Each invoice for professional services shall detail the service
performed, along with documentation. All payments to Consultant shall be made on the basis of
the invoices submitted by Consultant and approved by City.
. IShould additional backup material be requested by City, Consultant shall comply
promptly. In this regard, should City determine it necessary, Consultant shall make all records
and books relating to this Agreement available to City for inspecting and auditing.
If City has any dispute with work performed, then then City shall notify Consultant
within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work
performed, then and in that event Consultant shall either (a) satisfactorily re -perform the disputed
services or (b) provide City with an appropriate credit.
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Payment of Invoices: City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 11.0 herein. Under no circumstances shall Consultant be`entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets: City may, at its own option, offset any amounts due and payable hereunder
against any debt (including taxes) lawfully due to City from Consultant, regardless of whether
the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of
whether or not the debt due to City has been reduced to judgment by a court.
6.0 CONSULTANTS REPRESENTATIONS AND WARRANTIES
A. Consultant is duly organized and is validly existing and in good standing under
laws of the State of Texas; and
B. Consultant has all the necessary corporate power and authority to execute, deliver
and perform its obligations under this Agreement; and
C. Consultant has duly and effectively taken all company action on Consultant's part
necessary for the due execution, delivery and performance of this Agreement; and
D. No part of Consultant's execution, delivery and performance of this Agreement
violates any provision of Consultant's articles of organization or bylaws or
company agreement; or any contract agreement, instrument or governmental
requirements to which Consultant is a party or by which Consultant or its assets
may be bound and affected; and
E. No part of Consultant's execution, delivery and performance of this Agreement
requires the consent or approval of any other person, entity or governmental
authority.
7.0 CITY'S REPRESENTATIONS AND WARRANTIES
A. City has all necessary power and authority to execute, deliver, and perform its
obligations under this agreement; and
B. City has duly and effectively taken all action on City's part necessary for the due
execution, delivery and performance of this Agreement; and
C!
C. No part of City's execution, delivery and performance of this Agreement violates
any provision of City's charter, bylaws, or any contract, agreement, instrument or
governmental requirement to which City is a party or by which City or its assets
may be bound or affected; and
D. Delivery and performance of this Agreement requires the approval of City of
Round Rock's governing body.
8.0 MUTUAL OBLIGATIONS OF THE PARTIES
During the term of this Agreement, the parties:
A. Shall not be involved in any conduct or activity that brings either Consultant or
City -into ,disrepute, including any activity that may harm either Consultant's or
City's name or goodwill; and
B. Will perform obligations under this Agreement to the best of Consultant's or
City's ability.
9.0 LINIITATION TO SCOPE OF WORK
Consultant and City agree that the Scope of Work to be performed is enumerated in
Exhibit "A," and may not be changed without the express written agreement of the parties.
Notwithstanding anything herein to the contrary, the parties agree that City retains absolute
discretion and authority for all funding decisions, such to be based solely on criteria accepted by
City which may be influenced by but not be dependent on Consultant's work.
10.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body.of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then -current fiscal year.
11.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement; the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(a) There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
12.0 TERMINATION
This Agreement may be terminated for any of the following conditions:
(1) By City for reasons of its own, without cause, and not subject to the mutual
consent of Consultant, provided such written termination notice is provided to
Consultant not less than ninety (90) days prior to termination.
(2) By mutual agreement and consent of the parties, such agreement to be in writing.
(3) By either party for failure by the other party to perform the services set forth
herein in a satisfactory manner, such termination notice to be given in writing to
the other party.
(4) By either party for failure by the other party to fulfill its obligations herein.
Should City terminate this Agreement as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter by paid to Consultant. City shall pay
Consultant for all uncontested services performed to date of notice of termination.
If either party defaults in performance of this Agreement or if City terminates this
Agreement for default on the part of the other party, then City shall give consideration to the
actual costs incurred by Consultant in performing the work to the date of default. The cost of the
work that is useable to City, the cost to City of employing another firm to complete the useable
work, and other factors will affect the value to City of the work performed at the time of default.
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The termination of this Agreement and payment of an amount in settlement as set forth
above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill
contractual obligations. Termination under this section shall not relieve the terminated party of
any obligations or liabilities which occurred prior to cancellation.
13.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not City's employee. Consultant's
employees or subcontractors are not City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and City shall not hire, supervise, or pay assistants to help Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
14.0 NON -SOLICITATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
15.0 CONFIDENTIALITY; AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials finmished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
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information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to hold all confidential information in the strictest confidence and
not make any use thereof other than for the performance of this Agreement. Notwithstanding the
foregoing, the parties recognize and understand that City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole,
property of City at the expiration of this Agreement.
16.0 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or
in connection with the .negligence of Consultant or its employees or agents in the course of
performing services.
Except to the extent that Consultant is obligated to indemnify City, City shall indemnify
and hold Consultant, its employees, affiliates or agents harmless from any third party claim or
liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the services performed by Consultant or City's use thereof.
17.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
18.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf,
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf, or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Consultant; its consultants; agents, employees and subcontractors 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. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same. shall belong solely to City at the expiration of the term of this Agreement.
20.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants .and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any'product, materials or equipment that will be recommended or required hereunder.
21.0 DESIGNATION OF REPRESENTATIVES
City. hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Nancy Yawn, Director of CVB
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Telephone: (512) 218-7094
22.0 NOTICES
All: notices and other communications in connection with this Agreement ,shall be in
writing and shall be considered given as follows:
(1) • When delivered personally to recipient's address as stated herein; or
(2) Three (3). days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Agency Brand New, LLC
Attn: Parrish Moore
401 Congress Avenue, Suite 1540
Austin, TX 78701
pmoore@agencybrandnew.com
gtaylor@agencybrandnew.com
Vj
00307098/ss2
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
All .notices sent via United States mail shall also be sent electronically to Consultant at
the above addresses: Nothing contained in this section shall be construed to restrict the
transmission of routine communications between representatives of City and Consultant.
210 ' APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas. The Parties agree to resolve
any.dispute related to or arising. from the obligations or rights created through this Agreement in
good faith and hereby agree -that before the filing of any lawsuits, the Parties will attempt
mediation with an. agreed upon mediator. 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 Texas.
24.0 EXCLUSIVE AGREEMENT
:.The terms and. conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the.event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
mim17MQ'Iffs89WD) Fill I[IN I
City. and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including. without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
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00307098/ss2
26.0 ATTORNEYS FEES
In the event that any lawsuit is brought by one party against any of the other parties. in
connection with this Agreement, the prevailing parry shall be entitled to seek to recover its
reasonable costs and reasonable attorney fees.
27.0 FORCE MAJEURE
Notwithstanding any. other provisions hereof to the contrary, no failure, delay or default
in performance of.any obligation.hereunder shall constitute an event of default or breach of this
Agreement, only to.the extent that.such failure to perform, delay or default arises out of causes
beyond control: and without the fault or negligence of the palty otherwise chargeable with failure,
delay or default; including but not limited to acts of God; acts of public enemy, civil war,
insurrection, riots; fires, floods, explosion, theft, earthquakes, natural disasters or other
casualties,' strikes or other labor troubles, which in any way restrict the performance under this
Agreement by the parties.
. Consultant shall not be deemed to be in default of its obligations to City if its failure to
perform • or its substantial .delay in performance is due to City's . failure to timely provide
requested information; data, documentation, or other material necessary. for Consultant to
perform its obligations hereunder.
28.0 SEVERA13ILITY
.The invalidity, illegality; or unenforceability of any provision of this Agreement or the
:occurrence of any event rendering. any portion of provision of this Agreementvoid shall in no
way affect thevalidity or' enforceability of any other portion or. provision of: this. Agreement. Any
void provision shall be deemed severed from this Agreement, and the. balance of this Agreement
shall be construed- and enforced as if this Agreement did not contain the particular portion of
• provision held to. be. void. The parties further agree to amend: this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
•stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of 'the • services, responsibilities and duties specified herein and that such services,
responsibilities . and duties shall be performed, whether by Consultant or designated
subconsultants; in a manner acceptable to City and according to generally accepted business
practices.
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00307098/ss2
30.0 GENERAL AND MISCELLANEOUS
The section numbers and headings contained herein are provided for convenience only
and shall have no substantive effect on construction of this Agreement.
No delay or omission by either party in exercising any right or power shall impair such
right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in
writing and signed by an authorized representative of the parry against whom such waiver or
discharge is sought to be enforced.
This Agreement may be executed in multiple counterparts, which taken together shall be
considered one original. City agrees to provide Consultant with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed
Title:
Date Si
For City, Attest:
By: gyn4k. aW 7
Sara L. White, City Clerk
For City, Appro e7to In:
By:
Stephan. S et , City Attorney
MA
Title:
Date
Agency Brand New, LLC
R. G E:, N C. Y
BRANDNEW
SPOR01 t, EN}TRRTAINMENT-14AWTiNG
Agency BrandNew Sports & Entertainment Marketing:
Parrish Moore, Managing MggiGer.
GregoryTaylor, Managing Member
CompanyOtrer--uew
Agency BrandNew Sports & Entertainment Marketing is a'worldwide marketing
agencythat focuses on strategically marketing televisions hows, events, athletes,
musicians.and-entertainment personalities to corporate companies ensuring clients
g'p s use creative
maxitnrze their full earnin otential,:0urstrate g' rc marketing adviser
approaches andposs6ssa passion to engage with consumers to,sirengthen brand
awareness and increase revenue.`Specializing=in sponsorship, productplacement,
branding and digital media, Agency'BrandNew is committed to•buildirig
relationships with,corporate partners that' strategically,fit our, clients' brandsand
the markets that they wish to pursue.
ManagenientUam
=Successful peoplethroughout the world:surround themselves -with individuals and
entities tbat are also unconditionally'coininitted"to success. ABN provides that
unconditional commitment to each of its clients. Staffed byexperienced, creative
,and savvy individuals, we provide clients with: a range of both traditionaLand
interactive marketin&services that include digital and social marketing, public
relations and direct marketing. ABN is committed to building relationships with,
corporate.partners thatstrategically fit our clients' brands and the markets; that
they pursue.
Parrish Moore; MgnnghigMember
'Parrish .Moore, a managing partner and former collegiate athlete,:brings a great deaf
of knowledge of the sports and entertarnm.ent.marketing industry to Agency
BrandNew. He holds a Master's Degree.in;Sports.Management:and a Bachelor,of Arts
Degree in Psychology from the University of Incarnate Word Parrish's rAdm9binent
and leadership skills. _are vital to the overall success of the,firrn's mission, which:i's_:
why he excels in evaluating opportunities for his clients{and identifying future
clients for. ABN while also having tremendous relationships with many different.
rands.
Parrish's philosophy with each client regarding sports marketingis.to focuson
clients' individual needs while providing guidance. lie i' 'instriiriiental inassisting
clients with their own unique brand while maximizing theirfull economic
potential. Generating sponsorship and:endorsement opportunities on a local and
national level occurs on a daily basis"for Parrish. lie has worked with companies.
ranging from Nike,..Subway, Ameri.can.Express, Under Armour, Mercedes and many
others.
EXHIBIT "A"
F
BRANDNEW
W"M G EI¢?Ck �4fI MEP{? M•4R40P.G.
Gregory Taylor, Managing Member
Gregory Taylor has a Bachelor of Arts Degree in Journalism and minor in Sports
Business from Howard University. Social media is the base of Gregory's knowledge
online. Gregory's experience in social media is deeply rooted in community
management and content creation. Not only has he worked with top clientele
through his company but has also worked with other clientele while interning in
college. During the two most recent summers, Gregory interned with Edelman
Digital and Powell Tate. He managed a number of communities with up to
1,000,000+ fans/followers for Axe, Dove Global, Dove Men+Care, Ben & Jerry's Ice
Cream, United Airlines and Sustainable Energy For All. Most recently, Gregory
worked with the Rio+20, the United Nations Conference on Sustainable
Development.
With his story -telling approach, Gregory will not only seek marketing deals for his
clients, but also long-term campaigns to develop his client's brand on and offline.
This will ultimately lead to endless opportunities in the future.
Scope of Work
Sponsorship - ABN will actively seek companies and corporations in a variety of
business areas with the goal of securing endorsement and sponsorship
opportunities.
Brand Activation - When ABN secures an endorsement and/or sponsorship
opportunity ABN will be responsible for the execution of the brand's activation.
Event Management- While ABN will focus on securing endorsements and
sponsorships for the Round Rock Sports Center, ABN will also look to host sport
clinics, concerts, as well as a variety of other events for brand activation purposes.
The Jamaal Charles Project
Prepared by: Agency BrandNew Spouts & Entertainment Marketing,.
AF. N G v
BRANDNEW
•.Ki1sA x- �w+prt w.e<nin
EXHIBIT "B"
Ab,6ut jarnaal Charles,
After. being selected by theRqnsas City Chiefs in the 2008 NFL,Dtafti Charles learned under -
the tutdlage;of Larry Johnson and showed AInAdk. knack:for a high,pek carry aver age. Charles, burst
,onto, the scene as.theIpaturoback in 2610.whpre behnis"hed:the season wit h 1,441yards and,
SIN on.only 280 carries, q rning,hj§frst,Pro BovO and k, Al1.Pro team selections Jamaal
'Charles iri;2012,returnbd t6,his All -Pro form' in 2012 rushing 09Y ds'jhd5TYM.
:Wifie-Aeld Charles is a family man who
ho loves spending time with his wife Whitney Charles
daughters, Makaila and Maenz
le. W en -he is, not- malting highlight -rppl p 4y
s
fonfhe-cameras,,he is malting a difference behind thescenes..Througb his "Youth'Mtt6rs"
Family Foundation, J;nnaAl Outs on fr.6e.tWd-day football camp for children grades K-12;
'featuring professional -iftstrucelonfrom their favorite NFL &yers. Understandinghow much
influence athletes wield, the camp promotes the development ofboth healthy minds and
bo'dhei-in'the y_oUtl'i oithe,cominunity.
glowjs a list of,4& cqmpqilfies.th..q.t were, contqcted.
A 0 F N C, y
BRANDNEW
tPa�ld F,.FHTrPTAIN�T Jqa�Ki TTN�
]-Eye 13jac4'CoMpa,py
The 469tk6pt getf6t1h sports..Has ddvelcipedIcreated;and mairket6d4xevolutionary. new
'sports Product The, founder, Peter Beveridge, remembers talking- with peo ' ple in' '0+,a:iid
'08 about "branded Eye Black" and people would have no idea what he was talking about
Since.that time, even in an economy that was not conducive to starting a self ---financed'
now, business", the company has grown 'significantly every YOar.'The business was
hiqqrp,pratqd in2003;MarY1444; P -6 -ter thought; iba1LPqttJng togos) mascots;
-
roperty-.,,4r!.db-us-i-rl.e:S.&•. e`partn_ere
-d
with Stephen Ch,o,mskrwho had patentedth&coliceiit with 18 V:Sc patents, 'and! later the;
company added additional intellectual property rights in the'E - uropean Union. ' ' A's --clever - as,
both Peter and Steve thought the business idea was, it was a novel' idea for the:sporfs and
business world.Peter tested the viability of the Eye Black product with football teams, at.
the University, of Maryland;, Virginia Tech,,and the University;of Miami (FL). The results
were spectacular., The players. -loved the product and the product performed well• on the
fteU
Offer: t10.006 endorsement deal
Shock Doctor
Shock0octor has grown frofti.being the undisputed leader in iiibuth guard Technology,, to
Wrfg�, the- leading innowtor in's orts proto uad,,the globe. Their befiefift"
p -cf(pri aro.
,(Om3ihjn'g-d'eslgn-'and technology to achieve bptter.prot:qqt I iqn and, pqrfqrMariod i . s now
trusted byfearless athletes ina growing number of products aniffsports; from. youtho,
amateur to pro. At first it was our founders who were fearless. Where conventional'
thinking saw a necessary inconyenjence, they saw pilopportunity ,to.rethinki retool and
qedefine1he mouthguard: They invested) -n research alid,prpduct testing, applied
.-g,
innovativedesignTechnology and revolutionized the industry with, their first'Shack
Dbctof, Mouth guard. Eva since, Shock Doctor Products have -been created with this same
passion -T& spofts and innovation, As they remain coirimitt6d;f& the fearless athlete:
theN'!sa hiorh6rit in,s.0 ort, when forces meet. This mbment"isour defliiingrriorrf6nt.The'
moment design meets technology meets protection meets Performance. Th6 moment
-fearless athletes soar: The moment everything we stand for is visible only in SIOW--7ffQtidh
,replay., The Shock moment. A millisecond of glory in every play.
Offer: $30.000 endorsement deal
R. :G F, N .0 ly,
BRANDNEW
rPO17,-FFNM4TANMMIT Jr(TNC
-Cutters
A market.leader'in football,'baseball, golf & fitness performance, gloves & grips:, Cutters
.focus' on innovation;, technology, and high, quality products. Cutters makes gloves and
'accessories geared' for football, baseball; soccer; golf, and training: You can:also see their
products used in rugby; racquet sports, action sports, and even bobsledding by serious
athletes who seek the highest performance equipment. The Cutters Company;'has glove
experts and their gloves are crafted from'the highest quality materials for the best
performance.and durability..Gloves are also made with our exclusive C--- TACK"
Performance Grip Material, where the grip is part of the material - not a post application.
Other gloves may look similar, but other companies typically use a silicon -application on
their gloves thatresults in.an inferior grip, and a grip that will peel off; will wear out more
yuioltly,, and does hot self --=restore.
Offer: $40:000 endorsement -deal
Nike
'Before ther_ a was the Swoosb, before there was Nike, there were two visionary_ men who
pioneered a -revolution in athletic footwear that redefined the industry.
;Bill Bowerman was a nationally, respected; track and field coach at the Universitvpf Oregon;.
Who was constantly seeking ways to giveais.atliletes a competitive advantage. He
experimented with differenttrack surfaces, re -hydration drigl{s and - most importaotly-
innovations-in running shoes. But the established footwear inanufacturers of the :1950s
ignored the ideas he tried to offer them, -so Bowerman began cobbling shoes for his runners.
Ehil Knightwas a talented middle-distance runner from.Portland, who enrolled atOregon in
Aid fall .0,1955 and competed for Bowerman's track program. Upon, graduating from Oregon,
ILnightearned hrs MBA'in finance from Stanford'Unive'rsity;'where he•wrote a paper that
proposed.quality-running shoes could be'manufactured in;Jagan thatwould compete.with
,more,established German brands. But his letters toananufactufers iiijapan and Asia:went
unanswered', -so lCnight.took a chance.
He made'a.cold-call on the Onitsuka Co. in Robe, Japan, and persuaded the manufacturer of
Tiger shoes to make Knight distributor of Tiger running shoes in the United States. When the
first setof.sample. shoes arrived, Knight sent several pairs to -Bowerman, hoping to make a
:sale. lnstead;;Bowerman stunned Knight by offering to become hrs parf6er, and to provide,m.s
footwear design ideas'to Tiger:
;Offer 150.000 endorsement deal
A iGE N 0 -Y
BRANDNEW
GPOF'6 r, rNTPRTAWHrNT HARRPTING