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HomeMy WebLinkAboutChevrolet Division, GMC - 2001-06-18CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: June 22, 2001 TO: Chevrolet Div., General Motors Corp. ATTENTION: Dame 515 Marin Street DEPARTMP ENT: Street - Thousand Oaks CA 91360 REGARDING: Promotional Agreement City. State, Zip See Attached Action Agenda Item E-13 Date of Approval 6/ 18/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: l0,octv Connie Broc"ay City Clerk Attachments: Action Agenda Page x Agreement 2x Bonds , RCA Deed CC: R. Hagan Com. Serv. x x Name Department RCA Agreement Name RCA Agreement Department Name RCA Agreement Department Name RCA Agreement Department Name RCA D Utment Insurance Other Insurance Insurance irtsttrance Insurance Insurance Other Other Other Other (Telephone: 714-536.6227 ) • f°S — �_ �0, cam. V&- Council/Agency Meeting Held: Deferred/Continued to: At�proved ❑ Fondi'on2lly Approved enied 'Pt?-lerk' ignature Council Meeting Date: June 18, 2001 Department ID Number: CS01-039 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 4& z PREPARED BY: RON HAGAN, Director, Community Services SUBJECT: APPROVE PROMOTIONAL CONTRACT WITH CHEVROLET —J1HE� c7 OFFICIAL MARINE SAFETY VEHICLE OF SURF CITY, HUNTINOT( M BEACH n �� Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Statukttajiment(s) Statement of Issue: Chevrolet Motor Division has forwarded for Council approval an amendment to the current vehicle promotional agreement, and a new agreement for sponsorship of the Pier Plaza Presents concert series. Funding Source: Not applicable. Recommended Actions: Motion to: 1. Authorize the Mayor and City Clerk to execute the Amendment to the current vehicle promotional agreement with Chevrolet Motor Division for five additional vehicles; and 2. Authorize the Mayor and City Clerk to execute the promotional agreement with Chevrolet for the sponsorship of the Pier Plaza Presents Series, and 3. Approve Section 6 of the Pier Plaza Presents promotional agreement, which includes the city's indemnification obligations to the General Motors Corporation. Alternative Action(s): 1. Do not approve the amendment to the current vehicle promotional agreement with Chevrolet, and do not accept the additional five vehicles; 2. Do not approve the promotional agreement with Chevrolet for sponsorship of the Pier Plaza Presents concerts, and cancel the concerts for this summer. NOTE: City Council previously approved the indemnification obligations as part of the approval process of the current vehicle agreement. Analysis: Last year at this time, Council approved a promotional agreement with Chevrolet Motor Division for the provision of fifteen vehicles to the city in exchange for being r-)3 1EQUEST FOR COUNCIL ACIPO N MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: CS01-039 recognized as the "Official Marine Safety Vehicle of Surf City, Huntington Beach". At that time, Chevrolet set a limit of fifteen vehicles per agreement; therefore an amendment is necessary to add the additional five vehicles mutually agreed to during original negotiations. Attachment 1 adds five more vehicles for a total of twenty. These twenty vehicles are utilized by the lifeguard operation, beach police patrol, parking/camping, and beach maintenance which includes the Adopt -A -Beach Program. The new agreement (Attachment 2) provides for Chevrolet's sponsorship of the Pier Plaza Presents concert series. In exchange for title sponsorship recognition, Chevrolet provides $50,000 to fund this summer's concerts at Pier Plaza. The city has certain obligations to Chevrolet under the terms of the agreement including the granting of exclusivity to Chevrolet for promotional activities on the beach during special/specific events, excluding the US Open of Surfing. Chevrolet may also use the beach to film commercials for their products, and the city agrees to display Chevrolet vehicles at city -sponsored events on the beach. The relationship with Chevrolet has been very successful and staff is recommending that Council approve the amendment to the current vehicle agreement, and the Pier Plaza Presents concert series agreement to continue this relationship. Both the original agreement with amendment and the new promotional agreement with Chevrolet expire December 31, 2002. In the summer of 2002, staff will prepare requests for proposal for a new three-year promotional agreement and have a recommendation to Council in the fall of 2002 for future provision of beach operation vehicles. Environmental Status: NIA Attachment(s1: RCA Author: RH:cr evro /eY /y/o�&-r D! V1,6; 4) �O.G f%rn 01-039 Chevy Agreement -2- 06/06/01 1:28 PM • ATTACHMENT #2 PROA40TIONAI_ ilLGREEMENT This Agreement, dated as of the date of the last signature herein, is entered into by and between CHEVROLET DIVISION, GENERAL MOTORS CORPORATION, a Delaware corporation, having a place of business at 515 Marin Sucet, Thousand Oaks, CA 91360 ("DIVISION") and CITY OF HUNTINGTON Bi_.ACH, a Municipal corporation, having a place of business at 2000 Main Street, Huntington Beach, CA 92648 ("PROMOTER"). In consideration of the promises hereinafter made•to each, other . the pal ►ies her+,to agree as follows: 1. PROMOTIONAL CONSIDERATIONS DIVISIOti agrees to provide the consideration listed on Exhibit A attached hereto. PROMOTER, for its part, agrees to provide the promotional services and other consideration to DIVISION listed on Exhibit B attached hereto. If vehicles are loaned to PROMOTER as part of the consideration identified on Exhibit A (the "Vehicle(s)"), then PROMOTER further agrees to the following terms and conditions: A. PROMOTER agrees to obtain and maintain, at its own expense, comprehensive automobile liability insurance covering all owned, non -owned and hired vehicles (except for the Vehicles identified in Paragraph LD below) with limits of not less than S5,000,000 per occurrence combined single limit for personal injury and property damage, including all statutory coverage for all states of operation. The PROMOTER will also provide comprehensive (fire and theft) and collision coverage on the Vehicie(s). Prior to delivery of the Vehicle(s) the PROMOTER will provide DIVISION with a certificate of insurance evidencing General Motors Corporation as an additional insured, stating that such insurance is primary in coverage to any other insurance which mdy be available to General Motors Corporation, and providing at least thirty (30) days' prior written notice to DIVISION of cancellation, modification, or material change to the policy. B. Upon receipt of the Vehicle(s), PROMOTER will execute and deliver to DIVISION a copy of the Loan of Vehicle Terms and Conditions and Vehicle Receipt (attached as Exhibit Q. Unless otherwise agreed to by DIVISION in writing, file Vellicle(s) will only be used by PROMOTER or its officers, directors, employees, agents or subcontractors. PROMOTER agrees to obtain from each individual permitted to drive a Vehicle a signed copy of General Motors Safe Driver Program Driver Conduct Requirements (attached as Exhibit D). PROMOTER will retain the executed copy for a period of three (3) years and will provide them to DIVISION at DIVISION'S request. Iltin linRion Beach Concert Series IIRON10 ]'ION AL AGREEMEN 1-1 PR[ti-I L'D 04:3­01 =-2+•- I1a 1 _�•s l 03;20 01 — — -- C. tt the end of the term of the loan, or earlier if requested by DI VISION, PROMOTER will return the Vehicle(s) to the nearest DIVISION office or such other location as designated by DIVISION, in the same condition as delivered, reasonable wear and tear excepted. If a Vehicle must be recovered by DIVISION or repaired to restore it to such condition, then PROMOTER will pay DIVISION any costs incurred by DIVISION to recover the Vehicle and to repair it. If, in DIVISION'S opinion, a Vehicle cannot or should not be repaired based upon General Motors Corporation's policy for repairing/scrapping damaged vehicles, then the Vehicle must be returnee' to DIVISION and the PROMOTER will pay DIVISION the Vehicle's value, based upon the following formula: The amount General Motors Corporation would have received if the Vehicle had been sold at auction the month the Vehicle was damaged based on a similar make and model year vehicle with similar mileage, as determined by GM NAO Fleet Operations Auction Results' report, less $4,000. D. Paragraphs I.A., I.B. and I.C. of this Agreement do not apply to vehicles identified in Exhibit "A" as loaned to PROMOTER for static display purposes only ("Static Display Vehicles"). As to Static Display Vehicles, however, PROMOTER acknowledges that the Vehicles are, and shall remain, the property of DIVISION. PROMOTER agrees that: (a) the Static Display Vehicles are for static display purposes only, with the exception of minimal driving to move the Static Display Vehicles a very short distance, and not on any public roads; and (b) PROMOTER shall not tamper, disconnect, or otherwise interfere with the operation of the odometer, emission control equipment, or any other equipment. Each party waives all rights against the other, and against those holding under or through such party, for damages to the others premises and property. 2. USE AND PROTECTION OF TRADEMARK AND OTHER INTELLECTUAL PROPERTY PROMOTER and DIVISION acknowledge that each party owns certain names, trademarks, service marks, copyrights and other intellectual property ("Marks"), and owns or has certain merchandising rights in and to the Marks, and all goodwill associated with or symbolized by the Marks. It is understood that in promoting PROMOTER'S activities, PROMOTER and DIVISION may make various references to the activities and may display the Marks of PROMOTER and DIVISION, and pictures of the activities. Each party hereto grants to the other a nonexclusive, nontransferable license to use its Marks during the term of this Agreement and subject to the terms and conditions hereinafter set forth, solely in connection with advertising and promoting any event or activity incidental hereto. PROMOTER and DIVISION must agree in writing as to the form and content of any promotional or advertising materials and the media in which such materials are to be used prior to their use, which approval the parties shall not unreasonable withhold; and such use may be subject to such reasonable conditions as either party may impose, including, but not limited to, conditions affording each party adequate protection of its ;Marks. Upon termination or expiration of this Agreement, both parties shall cease all use of the Marks of the other party as soon as practicable, but in any event within thirty (30) days unless the particular media which has been approved requires a longer lead time, but in no event longer than ninety (90) days. Huntington Beach Concert Series PROMOTIONAL AGREENIENT2 PRINTED 04 30 1;j- _—iflt�:= �: i I Neither party will impugn, challenge or assist in any challenge to the validity of the other party's Marks, any registrations thereof, o the ownership thereof. Each party will be solely responsible for taking such actions as it deep.:: appropriate to obtain trademark, service mark or copyright registration fbr its respective Marks. - All uses of or references to the Marks shall inure to the benefit of the respective owner, and all rights with respect to the Marks not specifically granted in this Agreement shall be and are hereby reserved to the respective owner. Neither party is granted any right or license under this Agreement to sell, or otherwise distribute ;for sale, any of the promotional or advertising materials, or items related thereto. If a party desires to sell, or distribute for sale, any of such materials or other merchandising or novelty items bearing the names, trademarks, copyrights or other intellectual property of the other party, then it shall request permission to do so from the other party, and if granted, the parties shall negotiate in good faith a separate licensing agreement covering such materials or items before they may be sold or distributed for sale. 3. CONSUMER INFORMATION If customer lists, databases or any other personally identifiable information (the "Databases") are given to DIVISION as part of the consideration identified on Exhibit B. then PROMOTER further represents and warrants that it has obtained all necessary permission and consent, in compliance with any applicable laws and regulations, to provide DIVISIOIti with the Databases for any purpose the DIVISION, in its sole discretion, sees fit. 4. EXCLUSIVITY OF PERFORMANCE During the term of this Agreement, PROMOTER will not conduct nor participate in promotional activities with any other motor vehicle or component parts manufacturers or distributors, which may conflict with DIVISION'S interests, without the prior written approval of DIVISION. PROMOTER further represents and warrants that no other motor vehicle or component parts manufacturers or distributors will participate in any way in the activities and events described herein without the prior written approval of DIVISION. 5. TERM: RIGHT OF FIRST REFUSAL The term of this Agreement shall commence as of the signing of this Agreement by both parties and end on the date set forth on Exhibit A, or if no date is indicated, upon completion of the obligations of both parties. If the term of this Agreement is more than one year.. DIVISION may terminate this Agreement effective as of December 31 of any year by giving PROMOTER written notice of the termination prior to October 1. Huntington Beach Concert series PRO hiOI IONAL AGRkEEMEN"O PRINTED tip 11, 031?0 01 If PROMOTER intends to conduct comparable event(s) or promotional activities beyond the teml of this Agreement, PROMOTER shall provide to DIVISION, at least ninety (90) days prior to the expiration of this Agreement, a written proposal for DIVISION to continue its sponsorship. DIVISION shall advise PROMOTER, in writing, at least sixty (60) days prior to the expiration of this Agreement, whether or not it will participate on the terms contained in PROMOTER'S proposal. If DIVISION elects not to participate on the terms of the proposal and the parties are unable to negotiate mutually acceptable terms, then PROMOTER shall be free to negotiate with others; provided, however, that PROMOTER shall not offer terms to others which are materially different than those previously offered to DIVISION, without first offering such different terms to DIVISION. 6. INDEMNIFICATION A. PROMOTER agrees to indemnify and hold harmless General Motors Corporation, its officers, directors, agents, and employees, from and against any and all claims, demands, obligations, causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), and expenses associated therewith (including the payment of reasonable attorney fees and disbursements), arising out of:- (1) the failure of PROMOTER, its employees or agents, to comply with the terms and conditions of this Agreement; (2) the negligent acts or omissions of PROMOTER, its employees, agents, or subcontractors; (3) DIVISION'S use of PROMOTER'S Marks as authorized by this Agreement; (4) the services performed or actions taken by PROMOTER, its employees or agents, in connection with tills Agreement, including the operation and management of any event or activity incidental thereto; or (5) PROMOTER'S use or possession of any Vehicles loaned to it by DIVISION. B. DIVISION agrees to indemnify and hold harmless PROMOTER, its officers, directors, agents and employees from and against any and all claims, demands, obligations, causes of action and .lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), and expenses associated therewith (including the payment of reasonable attorney fees and disbursements), arising out of (1) the failure of DIVISION, its employees or agents, to comply with the terms and conditions of this Agreement; (2) the negligent acts or omissions of DIVISION, its employees, agents, or subcontractors, (3) PROMOTER'S use of DIVISION'S Marks as authorized by this Agreement; or (4) defects in the design, assembly, or manufacture of any Vehicle loaned by DIVISION to PROMOTER. C. The obligations to indemnify contained in this Section 6 will survive the expiration or termination of this Agreement. 7. INSURANCE A. PROMOTER shall maintain, during the term of this Agreement, at its own expense, the Following kinds of insurance with minimum limits as set forth below: Iluntington [leach Concert Series PROMOTIONAL AGREE-N1ENT4 PRINTED04.30:01 �-�+•.F;t>i l(t'+il 03!'0!01 0 • Kind of Insurance (1) Commercial General Liability (including cc,itractual liability) Minimum Limits $1,000,000 per occurrence combined single limit for personal injury and property damage If spectator events aye identified on Exhibit "B", PROMOTER shall maintain spectator's liability insurance (either included in the Commercial General Liability or in a separate policy) in an amount not leas than S5,000,000 per occurrence combined single limit for personal injury and property damage. (2) Workers Compensation Statutory (for all states of operation) including Employer's Liability with limits of not less than S500,000 B. PROMOTER shall furnish DIVISION with a certificate showing the applicable coverage, naming General Motors Corporation as an additional insured (except A(2) Workers Compensation), stating that such insurance is primary in coverage to any other insurance which may be available to General Motors Corporation, and providing at least thirty (30) days' prior written notice to DIVISION of cancellation, modification or material change to the policy. Such certificate shall be in a form acceptable to DIVISION and must be underwritten by an insurer satisfactory to DIVISION. PROMOTER'S purchase of appropriate insurance coverage or the furnishing of the certificate shall not release PROMOTER from its obligations or liabilities under tills Agreement. 8. CANCELLATION FOR BREACH: INSOLVENCY A. Either party may cancel this Agreement, without liability to the other party, if the defaulting party: (1) repudiates or breaches any of the terms of this Agreement; or (2) fails to make progress so as to endanger timely and proper completion of its services; and does not correct such failure or breach within ten (10) days, or such shorter period if commercially reasonable, after receipt of written notice from the non -defaulting party specifying such failure or breach. B. Either party may cancel this Agreement immediately, without liability to the other party, upon the happening of any of the following or any other comparable event: (1) insolvency of the other party; (2) filing of any petition by or against the other party under any bankruptcy, reorganization or receivership law; (3) execution of an assignment for the benefit of the other party's creditors; or (4) appointment of any trustee or receiver of the other party's business or assets or any part thereof; unless such petition, assignment or appointment be withdrawn or nullified within fifteen (15) days of such event. lunungum Beach C011Cer[ Series PRONMY -[O\AL AGR1:[:MLN [ 5 PRi\•-r1=D 03f20 01 T C. In the event this Agreement is canceled, each party shall cease using the other party's Marks, and PROMOTER shall return those funds, if any, paid to it by DIVISION for services which have not yet been performed. In addition, if vehicles are loaned to PROMOTER, PROMOTER shall promptly return the vehicles to DIVISION. D. The foregoing remedies are in addition to, and not in lieu of, any other rights or remedies that a party may have at law or in equity; provided however, that in no event will either party be liable to the other for incidental, consequential or punitive damages arising out of a breach of this Agreement 9. FORCE MAJEURE Any delay or failure of either party to perform its obligations hereunder shall be excused to the extent that it is caused by an event or occurrence beyond its reasonable control such as, by way of example and not by way of limitation, acts of God, actions by governmental authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage or labor problems; provided the party claiming force majeure promptly notifies the other party of the event of force majeure, the anticipated duration of the event of force majeure, and the steps being taken to remedy the failure. Should the event of force majeure continue beyond thirty (30) days, or such shorter time period as may be reasonable under the circumstances, either party may terminate this Agreement, and DIVISION shall be entitled to a pro rata refund for services not yet performed by PROMOTER. 10. GOVERNING LAW,• SEVERABILITY This Agreement is to be governed by and construed according to the laws of the State of Michigan, excluding any such laws which direct the application of laws of any other jurisdiction. If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of this Agreement shall remain in full force and effect. 11. COMPLIANCE WITH LAWNS Each party will perform its obligations under this Agreement in compliance with all applicable laws, orders, or regulations of all appropriate jurisdictions. 12. NO IMPLIED WAIVERS Failure by either party at any time to require performance by the other party of any provision hereof shall in no way affect the right to require full performance any time thereafter, nor shall the waiver by either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of same or any other provision, nor constitute a waiver of the provision itself. Huntington I3cach Concert Series IIRO\1OI IONAI-A(" RI-I-.,oF-NT6 03.20 01 13. NO ASSIGNMENT Neither party may not assign its rights, nor delegate its obligations under this Agreement, without the prior written approval of the other party. 14. RELATIONSHIP OF THE PARTIES PROMOTER and DIVISION are independent contracting parties, and nothing contained in this Agreement shall be deemed to create a partnership, joint venture or agency relationship between them, nor does it grant either party any authority to assume or create any obligation on behalf of or in the name of the other. 15. NOTICES Any notice required or permitted to be given by either party under or in connection with this Agreement shall be in writing and shall be deemed duly given when personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, expedited courier service, or by cable or facsimile, confirmed by letter, as aforesaid to the addresses indicated in the introductory paragraph of this Agreement, unless otherwise agreed to by the parties. 16. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties relating to the subject matter covered herein and cancels and supersedes all previous agreements between the parties relating to the subject matter covered herein. Any modification to this Agreement must be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates indicated below. CITY OF HUNTLNGTON BEACH, PROMOTER Mayor: ACCiityy Clerk: GENERAL MOTORS CORPORATION CHEVROLET DIVISION Title: ,P,/) 1 City Attorney: Date:2 Lo s' �1S10 l City Administrator: Dir. Of Corn Services: Attachments: Exhibit A - D1V1SIO 'S Consideration Exhibit B - PROMOTER'S Consideration J-Iuntinaton Beach Concert Series PROMOTIONAL AGREEMENT7 PRINTED 0511M104Q6AB104AO141 Promotional Agreement Between Chevrolet Division, General Motors Corporation And City Of Huntington Beach Pier Plaza Concert Series Exhibit A DIVISION agrees to the following: The term of this Agreement shall commence upon signing by both parties and end on December 31, 2001. 2. DIVISION will sponsor Huntington Beach Concert Series (the "Event"). The Event will take place at the Pier Plaza located alongside the Huntington Beach Pier on the following dates: May 12-13, June 16-17, June 23-24, June 14-I5, July 21-22, August 25-26, September 22-23, and September 29-30, 2001. 3. DIVISION agrees to pay a total sponsorship fee of Fifty thousand dollars ($50,000) (the "Fee") to PROMOTER. The Fee will be paid in installments. Each installment will be payable within 90 days after DIVISION receives an invoice for the indicated payment. PROMOTER will issue invoices for each payment as follows: • $25,000 to be invoiced upon execution of this Agreement. • $25,000 to be invoiced on or after DIVISION'S receipt of proof of performance binders acceptable to DIVISION as described in Exhibit B. 4. DIVISION will provide descriptive copy and artwork to be used by PROMOTER for appropriate advertising and publicity items as specified herein and wherever useful to maximize DIVISION exposure during the Event. DIVISION needs seven (7) business days to complete review of materials prior to their publication, distribution or display. Artwork to be provided, as needed, by DIVISION'S agency, Campbell -Ewald (the "Agency"). I IUntington Beach Concert Scries PROMOTION AL rtGRli_J._M iNTS 1'Rlti"I"fa] iia:3rt•ril`r_•2 • ari F _}tr-iil 03,120m l • • Promotional Agreement Between Chevrolet Division, General Motors Corporation And City Of Huntington Beach Pier Plaza Concert Series Exhibit B PROMOTER agrees to provide DIVISION with tile following: Recognition of DIVISION as the "Title Sponsor" of the Event. 2. All public identification and recognition of the DIVISION during the PROMOTION will be made as follows: "Chevrolet, Title Sponsor of the Huntington Beach Pier Plaza Presents Concert Series". 3. The right to display DIVISION Marks and advertising material on one of the static banners to be located over the entrance to the Pier Plaza. The dimensions of the banner are approximately 34' by 4' (the "Banner"). PROMOTER warrants to DIVISION that the Banner shall be on display to announce the Events for a minimum of three (3) two -week periods during the term of this Agreement._ Exact dates the Banner will be on display to be determined and agreed upon by both parties. 4. DIVISION to be recognized as the Title Sponsor of the Event in all Event related advertising and promotional materials produced by PROMOTER including, but not limited to, the following: A. Event related direct mail pieces, press releases, cards, flyers and posters. B. Pier Plaza Concert Program, which will be included in every City of Huntington Beach water bill for the months of March and April 2001. C. All PROMOTER ads placed in the Summer 2001 issue of the Huntington Beach Sands. D. On Huntington Beach City's Official Website (www.huntingtonbeacii.com) and Conference & Visitors Bureau Website (www.hbvisit.com). E. All H13TV3 City Report Show mentions of Pier Plaza Presents concerts. City Report is produced monthly and aired daily. 5. DIVISION supplied 4' x 20' banner will be prominently displayed onstage during all concerts. 6. Prominent space measuring 30' x 30', at all Events at a location(s) to be mutually agreed upon by the parties for DIVISION to use for whatever purpose DIVISION chooses, including, but not limited to, the display its products and services. If DIVISION elects to display vehicles: 1) any vehicles displayed by DIVISION (the "Static Display Vehicles") will be for static display purposes only and the provisions of Section 1, Paragraph D. of this Agreement will apply to the Static Display Vehicles; 2) DIVISION will arrange for I[uri:ligio1 Beach Corcetl SeTIei PRC)M0I In\AI_ AGRI:Ia4E\-h9 I'RINTE ila � �:'- �-;-[•-„I[�:_ n.,; - 0 16 appropriate transportation of the Static Display Vehicles to and from the display location(s); 3) Specific models and option content will be determined by DIVISION; 4) DIVISION shall ensure that the vehicles are maintained in a clean condition while on display; 5) PROMOTER will be solely responsible for obtaining any necessary license or permit for the display(s); and 6) DIVISION will remove the Static Display Vehicles on a date and at a time to be mutually agreed upon by the parties, but no later than after the completion of the Events. 7. PROMOTER will grant DIVISION the right to use all PROMOTER'S logos in statements reflecting its Event sponsorship status in advertising and promotional materials. 8. PROMOTER will provide DIVISION with two (2) proof of performance summary binders to include, but not be limited to, samples of printed materials, photographs of the Event showing the DIVISION signage, attendance, vehicle usage or the display of the Static Display Vehicle(s) and any other materials that will show proof of PROMOTER'S performance related to this Agreement. PROMOTER will ship the binders to DIVISION'S agency, R*Works, at 515 Marin Street, Thousand Oaks, CA 91360 to the attention of Tracey Pimpare. IEuntingion Beach Conceit Series IjRO,%IOl'10NAI, AG It PK[NT1:1)1 'T11lt:.,._' ,.1,II"_If1-411 03i2o:f )1 — • RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: APPROVE PROMOTIONAL AGREEMENT WITH CHEVROLET COUNCIL MEETING DATE: June 18, 2001 ...... .. . .. ........ ........ ...... ..... ............ .. ..... . .. .. .. .. .. RCA'ATTACHMENTS ........ ......... .. .. .. .. .. .. .. .. .. .. .. ...... .. .. .. . .....:.:—STATUS .. .. .. ...... .. ....... ............ ...... .. .... .. . ...... ............ .... ............... .. .. .. .... ... ..... .. ...... .. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Si2ned in full bg the gLty Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the Cif Z Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . .................................................. ........................ ...... : ...... - .............................................. . . . .: .. ... ...... ........... .................. .......... .... ... . .. .... ... . .......... ............ ... ......................... .. :`-EXPL--ANA--T--- ION FOR: MISSING ATTACHMENTS, ..... ......................................... . ............ ........ .. ..... ................ .. .. .. .... .. ...... ..... ... .................. .. .. .. .. .. .. .. ........ ....... . ........ ..... .. .. ................ .. .. ........... ..... '.REVIEWED::...,.- . ...... . ...... . ETURNED::;;FORWARDED:: ... ..... .. .. ........ . Administrative Staff e. Assistant City Administrator (initial) City Administrator (Initial) City Clerk MOM 0 111 d1i RCA Author: