Loading...
HomeMy WebLinkAbout6.d. Arena Advertising Agreement EXECUTIVE SUMMARY City Council Regular Meeting: October 18, 2016 AGENDA ITEM: Arena Advertising Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. 6.d. ATTACHMENTS: Proposed Advertising Agreement and Advertising Brochure APPROVED BY: ddj RECOMMENDED ACTION: Motion to approve the City of Rosemount entering into the attached advertising agreement with Rinkside Advertising Network to sell dasher board advertising at the Rosemount Arena. ISSUE For the past several years, the Parks and Recreation has coordinated the sale of advertising in the Rosemount Arena. The advertising started out as wall panels and a Zamboni ad, but in the past few years it has grown to include ads on the dasher board, video screens and in the ice surface. Included in the packet is the pricing for our current advertising opportunities. Most of our advertising is sold to local businesses who serve the Rosemount area. Staff were recently approached by Rinkside Advertising Network (Rinkside) who is interested in assisting the City with securing more regional businesses to purchase dasher board ads. Rinkside would pool between 10 to 15 rinks and then secure a regional business to advertise in each of the rink. These regional businesses typically do not advertise in standalone facilities but prefer having a larger audience which is met by pooling the rinks. Rinkside would not be selling to local businesses unless they are part of a pool of businesses. The Advertising Agreement that staff is recommending the City enter into would bring the City $425 for each dasher board ad that is sold. We currently have 5 dasher boards in place. We have room for approximately 40 more dasher board ads. Staff has found that it is time intensive to sell the advertising in the arena. By allowing a contractor to assist with selling dasher board ads, staff feels it could have a positive impact on the arena by producing additional revenue. The City Attorney has reviewed the proposed agreement and is comfortable with this document being considered for approval. SUMMMARY Staff is recommending the City Council consider entering into an agreement to allow for Rinkside Advertising Network to sell dasher board ads in the Rosemount Arena. ADVERTISING SALES REPRESENTATION AGREEMENT This Agreement (“Agreement”) is made by and between Rosemount Ice Arena, having a principal place of business at 13885 S Robert Trail, Rosemount, MN 55068 (“Facility”) and Rinkside Advertising Network an LLC corporation having a principal place of business at 513 Greenview Drive, Chanhassen, MN 55317 (“Rinkside”) and dated this _______ day of _______________, 2016 (collectively, “Parties”). 1. Engagement of Services. Facility hereby engages Rinkside as an authorized and non-exclusive representative to procure advertising from third-party companies (“Advertisers”) to be displayed primarily on the dasher boards of the Facility’s ice rink(s) and other locations described herein. 2. Terms of Agreement. Advertisements will be sold and installed on a per-dasher board basis. The agreed-upon cost of a dasher board, each of which is approximately 33” x 96”, is $425 per year (each dasher board is referred to herein as an “Advertisement”, the company whose product or service is displayed is referred to as an “Advertiser”). Facility shall advise Rinkside of additional advertising opportunities as they become available, and this list may be supplemented. Rinkside’s payment to Facility on any Advertising project shall be due within forty-five (45) days of Rinkside’s receipt of proof of performance from facility. 3. Approval Process. Within fourteen (14) days of procurement of each Advertisement, Rinkside shall send Insertion Order via e-mail to Facility providing a visual mock-up of the Advertisement to be installed, the Advertisement’s dimensions, and Advertiser’s desired advertising location within the rink (i.e., Inside North, South, East, or West). Within seven (7) business days of the date of receipt of the Insertion Order, Facility shall notify Rinkside of any objection to the proposed advertisement. If no objection is received, the sale is deemed final. Type of Ads: The Rosemount Ice Arena is a family-friendly facility and it desires that advertising be consistent with that environment. Rinkside shall not knowingly allow any advertising that is misleading, libelous or false, nor shall it accept advertising for firearms, alcohol, tobacco, or pornographic products, services or websites. 4. Installation of Advertisement. Rinkside will be responsible for the production of advertisements and will furnish advertisements and all associated installation materials to facility for install. Upon installation of each Advertisement (“Final Installation”), Facility shall send an email with a photograph of installed advertisements to Rinkside confirming Final Installation. The one-year term for each Advertisement and the forty-five (45) day billing term shall begin on the date of Final Installation. 5. Term and Termination. This Agreement shall commence on the date hereof and shall continue for a term of three (3) years. At the end of said Initial Term, this Agreement shall automatically renew for successive subsequent one (1) year terms thereafter. Notice of non-renewal must be sent by cancelling party within 30 days prior to the end of the existing term. 6. Use of Images. To promote the Facility and the Rinkside Advertising Network offering, Facility grants Rinkside authorization to use images of the Facility, including but not limited to events taking place at the Facility in Rinkside sales materials, including proposals, websites, flyers and other to be determined materials. 7. Governing Law and Jurisdiction. The construction and performance of this Agreement will be governed by the laws of the State of Minnesota, without application of its conflict of laws principles. Any litigation to resolve the terms of this Agreement will be venued in Minnesota District Court, in Dakota County, Minnesota. 8. Notices. Any notice, demand or request required or permitted to be given under the provisions of this Agreement shall be in writing; shall be delivered personally, including by means of facsimile or e-mail, or mailed by registered or certified mail, postage prepaid and return receipt requested; shall be deemed given on the date of personal delivery (with confirmation of transmission or, if by e-mail, confirmation of receipt) or on the date set forth on the return receipt; and shall be delivered or mailed to the addresses set forth on the first page of this Agreement or to such other address as any party may from time to time direct, with copies to: RINKSIDE: Chris Potenza, President FACILITY: Jon Balvance, Operations Coordinator 9. Attorneys’ Fees. If suit or action is filed by any party to enforce the provisions of this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees as fixed by the trial court. 10. Force Majeure. Either party may be excused from performing under this Agreement due to causes beyond its control, including but not limited to: acts of God; fire; flood; earthquake or other natural disasters; adverse weather conditions; riots; wars; national emergencies; or strikes, lockouts, work stoppages or other labor difficulties (collectively “Force Majeure Events”) 11. Entire Agreement/Amendment. This Agreement shall constitute the entire agreement between Rinkside and Facility, and supersedes and revokes any other prior written or oral agreements between the parties. This Agreement can only be modified in writing signed by the parties. 12. Assignment. The rights and obligations of Rinkside pursuant to this Agreement may not be assigned without written consent of Facility. 13. Data Practices Act Compliance. Rinkside shall comply with Minnesota Statutes Chapter 13, to the extent that the Act is applicable to data and documents in the possession of Rinkside. 14. No Third Party Rights. Nothing in this Agreement shall be construed to create any right in any person or entity not a party hereto. 15. Hold Harmless; Indemnification. Rinkside, on behalf of its officers, employees, agents and contractors shall defend, indemnify and hold harmless Facility and the City of Rosemount, its elected officials, employees, agents and contractors, from and against any and all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation resulting from Rinkside’s performance under this Agreement. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter 466, or otherwise. SIGNATURE BLOCK RINKSIDE: Signature: _________________________________ Name: ____________________________________ Its: ____________________________________ FACILITY: Signature: _________________________________ Name: ____________________________________ Its: ____________________________________