The URL can be used to link to this page

Home My WebLink AboutPR 15658: ADVERTISING ON MEMORIAL STADIUM SCOREBOARDInteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Floyd Batiste; CEO Date: December 16, 2009 . Subject: P. R. No. 15658; Council Meeting of January 5, 2010 Attached is P. R. No. 15658 approving the purchase of advertising space on the Memorial Stadium Scoreboard by execution of an agreement by and between Port Arthur Independent School District and the City of Port Arthur Section 4A Economic Development Corporation. P. R.No. 15658 12/16/09 RESOLUTION NO. A RESOLUTION APPROVING THE. PURCHASE- OF ADVERTISING SPACE ON THE MEMORIAL STADIUM SCOREBOARD BY EXECUTION OF AN AGREEMENT BY AND BETWEEN PORT ARTHUR INDEPENDENT- SCHOOL DISTRICT 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 scoreboazd 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". This Agreement is fora 1 yeaz period from January 1, 2010 to January 1, 2011, and will not renew automatically without the approval by PAEDC which is due by August 31 of the prior yeaz; 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 aze 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 term of this Agreement.'. WHEREAS, on December 14, 2009, the PAEDC Boazd approved a total expenditure of $7,500 for advertisement on the ISD Memorial High School scoreboazd 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 are 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 are 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., 2010,. at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: DELORIS "BOBBIE" PRINCE, MAYOR ATTEST: TERRI HANKS, CITY SECRETARY 8727082 Page 2 APPROVED: FLOYD BATISTE, PAEDC CEO. TO FORM: GUY N. GOODSON, PAEDC ATTORNEY APPROVED AS TO FORM: VALECIA R. IZE ING CITY ATTORNEY 8727082 - Page3 EXHIBIT "A" PORT ARTH U R INDEPENDENT SCHOOL DISTRICT SCOREBOARD PARTNER PACKAGES PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Port Arthur, Texas Local Governmental Entity Gold Partner Package (Yearly Signage) Local Governmental Entity Gold Partner Package (Yearly Signage) » One (1) 8'h x 4'w back lit, full-color logo application on the front of the stadium football display » Two (1) :20 second sponsor-supplies commercial with sound per regular season game » Three (2) :15 second in-game animated partner logos per regular season game » » One (1) half-page, black and. white advertisement in the football game day program » Two (1) P.A. announcements per regular season game » One (1) game-day promotion/retail opportunity per regular season at the district's discretion Unlimited message board advertisement $7,500 per year (Contract will not renew automatically, approval by governmental entity due by August 31 of prior year.) NOTE: Revisions can be made at a cost of $1,800 Scoreboard Sign Advertising Agreement This agreement is made this day of Arthur ISD, hereinafter referred to as District, and 20_ by and between Port hereinafter referred to as Advertiser. Advertiser wishes to purchase advertising space on the non-video display portion of the scoreboazd. Advertiser agrees to and understands the following: • Signs on the scoreboard are illuminated. • District makes no guazantees of the visibility of the sign from outside Memorial Stadium. District makes no guazantees of the visibility of the sign from within Memorial Stadium when the stadium lights aze 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 are as follows: Placement Size of Sin Advertisin Fee Len h of A reement To Panel 4'high x 8'wide $5,0001yeaz -Silver 10 yeazs Side Panel 5'hi h x Twide $10,000/year- Platinum 10 yeazs Bottom Panel 4'hi h x 9'wide $7,500/year -Gold 10 yeazs Video Boazd 12'.4"high x 14'8.8" $2,5007yeaz 1 year Bottom Panel 4' high x 9' wide $7,500/yeaz -Local Gov 1 yeaz • 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 yeaz is payable upon signing this Agreement. Subsequent payments are due no later than of each following yeaz 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 scoreboazd 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 is non-refundable to the Advertiser for any reason. • Although the scoreboazd is expected to last for 20 yeazs, the District has sole responsibility to determine the life of the scoreboazd. • 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 vazsity football game and any other athletic events hosted in Memorial Stadium at which the video display will be utilized. Advertiseris 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. • If local governmental entity advertiser fails to renew this Agreement by August 31 of subsequent yeaz, this Agreement is terminated, and the District has the right to sell the advertising space to another vendor. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Texas and is performable in Jefferson County, 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 parties. 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 from yeaz to yeaz 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. Agreements with local. governmental advertisers expire at the end of a one-yeaz term,. unless renewed by the advertiser. The District's decision to terminate 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 intention of the parties that this Agreement 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 termination of the Agreement, to comply with State and Federal Law. This Agreement shall be construed as if drafted by the Advertiser. All disputes regazding the interpretation, intent or effect of this 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 LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS, FINES, PENALTIES, 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, ITS AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS. I acknowledge that I am in agreement of pwchasing Advertiser (Company Name) Address City State Zip Port Arthur ISD PO Box 1388 PortArthur, Texas 77641 (409)460-1326 Package Signature of Authorized Port Arthur ISD Representative Signature of Authorized Representative Printed Name Title Date