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Home My WebLink AboutPR 15598: EDC/PAISD MEMORIAL STADIUM SCOREBOARD ADVERTISING SPACEInteroffice MEMORANDUM To: Mayor, City Council, City Manager From: Floyd Batiste, CEO Date: October 28, 2009 Subject: P. R. No. 15598; Council Meeting of November 3, 2009 Attached is P. R. No. 15598 approving the purchase of advertising space on the Memorial Stadium Scoreboazd by execution of an Agreement by and between Port Arthur ISD and the City of Port Arthur Section 4A Economic Development Corporation. P. R. No. 15598 10/28/09 A RESOLUTION APPROVING THE PURCHASE OF ADVERTISING SPACE ON THE MEMORIAL STADIUM SCOREBOARD BY EXECUTION OF AN AGREEMENT BY AND BETWEEN PORT ARTHUR ISD AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the City Council deems it in the public interest to authorize the City of Port Arthur Section 4A Economic Development Corporation (the °PAEDC") to enter into an agreement for advertising space on the Memorial Stadium scoreboard by execution of an agreement with the Port Arthur Independent School District (the "ISD"); and WHEREAS, the PAEDC will pay a sum of $7,500 to the ISD upon execution of the advertising space agreement (the "Agreement") attached hereto as Exhibit "A". Subsequent payments under the Agreement will be due and payable on the same date of each succeeding year during the term of this Agreement. This Agreement is fora 10-year period from November 4, 2009 through November 4, 2019; and WHEREAS, no portion of the payment made by PAEDC to the ISD shall be used in any manner associated with political announcement or the advertising of goods, services and products that are contrary to directives from the PAEDC; and WHEREAS, the ISD shall provide notification to PAEDC of the advertisement log on a basis no less than quarter annually during the temt of this Agreement. WHEREAS, on October 26, 2009, the PAEDC Board approved a total expenditure of $75,000 for advertisement on the ISD Memorial High School scoreboard to inform Port Arthur residents about the positive economic impact that the PAEDC plays in the City of Port Arthur. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble aze true and correct. Section 2. That the PAEDC is herein authorized to purchase advertising space on the Memorial Stadium scoreboazd by execution of the Agreement with the ISD, and the President and Secretary of the PAEDC aze authorized to sign the Agreement in substantially the same form as denoted in Exhibit "A". Section 3. That a copy of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this _ day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Councilmembers NOES: ATTEST: DELORIS "BOBBIE" PRINCE, MAYOR TERRI HANKS, CITY SECRETARY smoaz P,~ z APPROVED: FLOYD BATISTE, PAEDC CEO APPROVED AS TO FORM: GUY N. GOODSON, PAEDC ATTORNEY APPROVED AS TO FORM: ~~ ~~~ VALECIA R. '~ ENO, A ING CITY ATTORNEY s~nosz Page 3 EXHIBIT "A" Scoreboard Sign Advertising Agreement This agreement is made this 4th day of w~~PmhPr , 2009 by and between Port Arthur ISD, hereinafterreferned to es District, and the city of Pnrr Arthur Section 4A Economic Development Corp. herelnafterreferred to as Advertiser. Advertiser wishes to purchase advertising space on the non-video display portion of the scoreboard. Advertiser agrees to and understands the following: • Sigas on the scoreboard are illuminated. • District makes no guarantees of the visibility of the sign from outside Memorial Stadium. District makes no guarantees of the visibility of the sign from within Memoriai Stadium when the stadium lights are off. • Content on all signs is subject to approval by the District • District shall purchase all signs based on production ready artwork provided by the Advertiser in EPS or AI Format Any costs associated with changes to the sign once the District has accepted the submitted artwork shall be the responsibility of the Advertiser. •The ending date for this Agreement may be extended at the District's discretion. • Size of sign, advertising fee, and length of this Agreement areas follows: Placement Size of Si Adverbs" Fee Le of A ement To Panel 4'hi x 8'wide $5,000/ -Silver 10 ears Side Panel 5'hi x 7'wide $10,000/ ar -Platinum 10 Bottom Panel 4'hi x 9'wide $7,500 -Gold 10 Video Board 12'.4"tri h x 14'8.8" $2,500 I ear 1 ar • The location of the sign covered by this Agreement is designated as number on the drawing of the system attached hereto as Exhibit "A" and made a part of this agreement. • The advertising fee for the first year is payable upon signing this Agreement. Subsequent payments are due no later than of each following year for the term of this agreement If said payment is not made by Advertiser by said due date, this agreement is terminated. • Advertiser may pay the entire advertising fee for the full term, i.e. ten (10) years, however, Advertiser agrees that in the event the District is unable to perform the advertising on said scoreboard for any reason, there shall be no refund, prorated or otherwise, of any portion of the payment(s). • The advertising fee will be used by the District and isnon-refundable to the Advertiser for any reason. • Although the scoreboard is expected to last for 20 years, the District has sole responsibility to determine the life of the scoreboard. • Advertiser may request the District to make changes to Advertiser's sign during the term of this Agreement, but advertiser is responsible for all associated costs including but not limited to costs to have the sign re-constructed and installed. • If the Advertiser goes out of business during the term of this Agreement, this Agreement is terminated, and the District has the right to sell the advertising space to another vendor. • In addition to the stationary sign advertisement, District will run, with no additional advertising fee, one advertisement on the video display portion of the scoreboard before any varsity football game and any other athletic events hosted in Memorial Stadium at which the video display will be utilized. Advertiser is responsible for the development of the video including all development costs, and the video is subject to approval by the District Advertiser may purchase additional advertising on the video display. This Ageement shall be construed in accordance with and steal{ be governed by the laws of the State of Texas and is performable in Jefferson Courrty, Texas. The parties agree that venue of any dispute affecting this Agreement shall be in Jefferson County, Texas. This Agreement sets forth the entire agreement between the parties. This Agreement cannot be modified, altered, terminated or otherwise changed except by means of a writing signed by both patties. This Agreement and/or the rights and privileges granted under the Agreement may not be assigned or transferred without the written consent of both parties. This Agreement supersedes and replaces any and all prior agreements between the parties. This Agreement shall run fiom year to year and shall be renewed automatically until the end of the Agreement unless the District determines, at its sole discretion, it is in the best interest of the District to terminate this Agreement The District's decision to temunate this Agreement shall not require the written approval of the Advertiser. The Advertiser shall have no recourse against the District if the District terminates this Agreement This provision of the Agreement supersedes all other provisions to the extent of any conflict It is the mention of the parties that this Agreeme~ comply with State and Federal Law, both today and in the future. To the extent this Agreement, or any provision of same, ever violates State or Federal Law, the parties agree that it shall be modified, up to and including the temrination of the Agreement, to comply with State and Federal Law. This Agreement shall be construed as if drafted by the Advertiser. All disputes regarding the interpretation, intent or effect of Phis Agreement shall be made by the District, at its sole discretion, and shall not be subject to interpretation by a court unless the District gives it written consent to be sued. ADVERTISER WILL IDEMNIFY AND HOLD HARMLESS DISTRICT AND ITS BOARD OF TRUSTEES, OFFICERS, AGENTS, AND EMPLOYEES FOR ALL SUITS, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, OR LIABILITIES OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING BUT NOT LIlVIITED TO, ALL EXPINSES OF LITIGATION, COURT COSTS, FINES, PENALT~S, AND ATTORNEYS' FEES THAT DISTRICT INCURS DEFENDING ANY ACTION, SUIT, OR CLAIM FROM ANY SOURCE WHATSOEVER AND OF ANY KIND OR NATURE ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE UNDER THIS AGREEMENT ON THE PART OF ADVERTISER, TTS AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS: Advertiser (Company Name) Address City State ZiP Signature of Authorized Representative Printed Name Title port Arthur ISD PO Box1388 PortArthur, Texas 77641 (409)460-1326 Signature of Authorized Port AAhnr ISD Representative Date