CM-2014-3561tCTDS
PURPOSE wean PRaSMnm
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sponsorship Agreement between the City and
Microtel Inn & Suites by Wyndham, Round Rock for advertisement at the
Round Rock Sports Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/21/2014
Dept Director:
Cost:
Indexes:
Attachments: Agreement, LAF
Department:
Text of Legislative File CM -2014-356
This Sponsorship Agreement shall provide sponsor with a TV Loop ad 15 second spot at the
Round Rock Sports Center.
Staff Recommends Approval
Cost
Sponsor will pay City $720.00 for a 7 month term
City of Round Rock Page 1 Printed on 3/20/2014
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: General Services/ Sports Center
Project Mgr/Resource: Chad McKenzie
x❑ City Manager Approval
CMA Wording
Project Name: Sponsorship Agreement
ContractorNendor: Microtel Inn & Suites by Wyndham, Round Rock
Consider authorizing a Sponsorship Agreement between the City and Microtel Inn & Suites by Wyndham, Round Rock for
advertisement at the Round Rock Sports Center.
Approval
X❑Employee EE Bowden "Date March 7, 2014
Notes/Comments
SPONSORSHIP AGREEMENT
ROUND ROCK SPORTS CENTER
This Sponsorship Agreement ("Agreement") is entered into as of February 19. 2014, by and
among Microtel Inn & Suites by Wyndham. Round Rock ("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, Microtel Inn & Suites 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 February 19, 2014 and continue through September 30, 2014 ("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 Seven Hundred Twenty and No/100
Dollars ($720). Sponsor shall pay $360 of such sponsorship fee, along with material production
costs, to the City upon execution of this Agreement. Sponsor shall pay remaining $360 of such
sponsorship fee via a $4/room night rebate to be paid monthly to the City with the balance due no
later than September 30, 2014.
3. The Sponsor shall receive the following sponsorship benefits:
✓ TV Loop Ad (15 second spot):
Quantity: 1 [$1200/yr each] prorated to $720 for a 7 month term
4. The Sponsor shall be responsible for the following:
Payment of annual sponsorship fee
Provide logo and any information to be included in ad
1
CM -2014-356
5. The City shall be responsible for the following:
Coordinating artwork & production of ad
Displaying ad on the reception area TV for 15 seconds at least 4 times per hour
during 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.
occur:
10.1 City may terminate this Agreement immediately if any of the following
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.
2
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.
IN WITNESS WHEREOF, City and Sponsor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
Title: C
Date Signed: e3
Attest:
By:
Sara L. White, City Clerk
For City pproved as to Form:
By:
Steph. ' L. Sheets, City Attorney
3
By: ,t,b-4
Printed Name: B to G' o iu -resse
Title: 6 ,J&2 -A i. tinA KM EL
Date Signed: 3 - } - Zeit
0"' 6f,ci-,+ 4F OK;
/04/ Tot cou t,+,t •04,0 40 av 2.o /140 TTe- a-6 .
D6 A /H %G't-oTE L/ Ad 4- Q 5 IT(