HomeMy WebLinkAbout5.C.1. Sponsorship Guidelines for Community Center Improvements C•
CITY OF SHAKOPEE
Memorandum CONSENT
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jamie Polley, Director of Parks, Recreation & Natural Resources
SUBJECT: Shakopee Sponsorship Program Guidelines
DATE: June 1, 2010
INTRODUCTION
The City Council is asked to approve the guidelines set forth regulating the Shakopee
Sponsorship Program.
BACKGROUND
The City Council adopted the revised Shakopee Sponsorship program pertaining to the
facility sponsorships on May 18, 2010. It further approved the usage of the Shakopee
Facility Sponsorship Program by the "Shakopee Recreation: Bring People Together"
(SR:BPT) group to fundraise for the Community Center Improvements.
The Council directed staff to establish guidelines for the program providing the SR:BPT
group parameters of what can be agreed to with the sponsor as well as how the
sponsorship dollars will be utilized. These policies would be applicable to other
fundraising groups as well who would seek to operate on behalf of City facilities.
DISCUSSION
During the fundraising efforts for the Community Center improvements, private parties
will be soliciting sponsors for City facilities and will be negotiating the terms on behalf of
the City. The Sponsorship booklet (Attachment A) describes each area and sets the
sponsorship term to ten (10) years. In order to keep the sponsorship consistent and
provide incentives, staff has put together the following recommended guidelines:
1. Sponsors Name and /or logo will appear on a plaque outside of each sponsored
area.
2. Sponsors Name and /or logo will be used exclusively for the designated area for
the entire term of the sponsorship.
3. No alcohol or tobacco companies will be allowed naming sponsorships.
4. Employees or members of organization whose sponsorship is $50,000 or more
will be given a 25% discount on an annual residential membership for the first
year of operations.
5. Civic Organizations may pay their sponsorship amount over a three year period;
all other organization will be required to pay the entire amount at the time of
sponsorship.
6. All sponsorship funds will be used towards the Community Center improvements,
and not specifically the room being sponsored.
7. All agreements shall be approved by the City Council.
Each sponsor will be required to sign a Naming Agreement similar to the model
agreement Attachment B. that will outline the term, payment, naming rights and
additional requirements. The attached naming agreement is currently under review by
the City Attorney.
RELATIONSHIP TO VISION
D- Maintain, improve and create strong partnerships with other public and private sector
entities.
REQUESTED ACTION
If City Council concurs, approve the guidelines for the Shakopee Facility Sponsorship
Program and usage of these guidelines by the SP:BPT and other fundraising groups..
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5 e.
Naming Agreement
Between City of Shakopee and
(Installment Payment)
This Naming Agreement ( "Agreement ") is made and entered into as of , 2006, by and
between City of Shakopee, a municipal corporation under the laws of the State of Minnesota ( "City ") and
( "Holder ").
Recitals
A. Holder intend to make a donation in the amount of Dollars ($ )
to City in three equal installments. The first installment of the donation has been made on
or about , 200_. The second and third installments of the donation
shall be made on the first and second year anniversary of the date above.
B. The parties desire that Holder's donation to City be recognized by the grant to Holder of
the right to associate Holder's name or logo with the in the City's
Community Center as described herein, (the "Named Subject ").
NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this Agreement,
the parties agree as follows:
1. Grant of Right to Name. Subject to approval from the City Council, the City grants to
Holder the right to designate and use its following name and /or logo on and with respect
to the Named Subject: [here insert the name or logo]. The
name or logo shall appear on a bronze plaque in the form and size as shown in Exhibit 1
attached hereto (the "Plaque "). The Holder's name or logo shall be displayed in the lobby
of the Community Center and in the location of the Named Subject.
2. Term. The rights granted to Holder hereunder shall be for a term of years
beginning with the date as of which this Agreement is made.
3. City's Right to Change Named Subject.
a. In the event City desires to remodel, enlarge, decrease, reconfigure or modify in any
manner the Named Subject or the Community Center or any part thereof, Holder's
rights hereunder are subject to City's right to select an alternative or substitute Named
Subject for the designation and use of Holder's name and /or logo ( "Substitute Named
Subject "), provided, however, City shall use its best efforts to select the Substitute
Named Subject. The selection of the Substitute Named Subject shall be made by the
City Council absolute discretion and shall be final.
4. Termination of the Term by City.
a. In the event the City Council determines that the Community Center should be razed,
the term of the Holder's naming rights hereunder shall terminate.
b. In the event Holder fails to pay the second or third installments of the Donation the
term of the Holder's naming rights hereunder shall terminate.
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5. Termination of Term by Holder. The term of Holder's rights hereunder may be
terminated by Holder by giving City notice in writing of its intention to do so, thirty (30)
days prior to the date of termination.
6. Ownership of Plaque upon Termination. Upon termination of the term through the
expiration of time or otherwise, the plaque shall be removed from the Named Subject and
returned to the Holder.
7. Exclusive Naming Rights. Holder's right to designate and use its name and /or logo on
and with respect to the Named Subject shall be exclusive during the term hereof.
8. Representations and Indemnification.
a. Representation. Holder represents and warrants to City that it owns and has the right to
use in the manner described herein the name or logo described in Exhibit 1 and that the
use contemplated by this Agreement does not infringe upon any other person's name,
logo, trade name, trademark or service mark.
b. Indemnification. Holder shall defend (or, at the option of City, the City may defend at
Holder's reasonable expense), indemnify and hold City harmless from all claims,
demands, suits, actions, proceedings, losses, fines, expenses, costs, and damages of
every kind and description including reasonable attorney's fees and litigation expenses
that may be brought or made against or incurred by City arising out of or related to the
use of Holder's name or logo pursuant of this Agreement including but not limited to
the infringement of the rights of any other person with respect thereto.
9. Grant of Licenses. Holder hereby grants to City a royalty free, worldwide license to use
its name or logo in connection with (a) the operation of the Community Center; (b) the
provision of services offered in the Community Center; and (c) advertisements for the
promotion of the Community Center, the services provided and the events conducted
therein.
10. Limitation of Damages. Neither party herein shall be liable to the other for any indirect,
consequential, incidental loss of profits or like expectancy damages arising out of this
Agreement.
11. Remedies. In the event of breach of this Agreement by Holder, City shall, in addition to
any other remedies provided by law, be entitled to the remedy of specific performance,
temporary or permanent injunction or other equitable relief as a remedy for any breach or
threatened breach of the provisions of this Agreement.
12. Miscellaneous.
a. Modifications. This Agreement constitutes the entire Agreement between the parties
and supersedes any prior oral or written understandings or agreements relative to the
subjects of this Agreement. This Agreement may be amended only by written
instrument signed on behalf of Holder and City by persons duly authorized to do so.
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b. Governing Law of Venue. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Minnesota. Any action or
proceeding in any way arising out of or related to this Agreement shall be litigated , if
at all, in a state or federal court located in Scott County, Minnesota.
c. Nature of Relationship. It is understood that this is an agreement between independent
contractors and that neither party is in any way an agent or employee of the other party.
d. Date Practices Act. The Holder shall at all times abide by the Minnesota Government
Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to
data and documents in the possession of the Holder.
e. Notices. Any notice required or permitted to be given by any party upon the other is
given in accordance with this Agreement if it is directed to City by delivering it
personally to the City Administrator; or if it is directed to Holder, by delivering it
personally to ; or if mailed in a sealed wrapper by United
States registered or certified mail, return receipt requested, postage prepaid; or if
deposited cost paid with a nationally recognized, reputable overnight courier, properly
addressed as follows:
If to Grantor: City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Attn: City Administrator
If to Holder:
With a copy to:
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit
as aforesaid; however, that if notice is given by deposit, that the time for response to any
notice by the other party shall commence to run one business day after any such deposit.
Any party may change its address for the service of notice by giving written notice of such
change to the other party, in any manner above specified, then (10) days prior to the
effective date of such change.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of
the day and year aforesaid.
HOLDER CITY OF SHAKOPEE
[corporation name]
By By
Its John J. Schmitt
Its Mayor
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By
Mark McNeill
City Administrator
Attest
Judith S. Cox
City Clerk
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