Loading...
HomeMy WebLinkAboutNEW YORK ROAD RUNNERS CLUB, INC - Fourth of July Sponsorship Agreement - Agent for Aramis dba Tommy Hilfiger Toiletries - run/walk event 3/15/99, 4/3/00 - 1999-03-150 0 �, �„� CITY 6F HUNTINGTON BEACH 2000 AMAIN STREET CALIFORNIA 92648 ` OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSINHTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT -AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 04-10-00 TO: New York Road Runners Club, Inc. ATTENTION: Robert L. Laufer Name 9 East 89th Street DEPARTMENT: Street New York, New York 10128 REGARDING: 4th of July City, state, zip Sponsorship Agreement See Attached Action Agenda Item+ 9 `. Date of Approval 3 — 00 1 � Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement 7C RCA CC: COMM. SV12V- X Name Department RCA Name Department RCA Name Name Bonds Insurance Deed Other X Agreement Insurance Other Agreement Insurance Other Department RCA Agreement Insurance Other Department RCA Agrsement Insurance Other Risk Management Dept. Insurance G Tollowup/Letters/coverltr (Telephone. 71 a-536-5227) • •yip K. VIa64C41 CJM- .eV - Council/Agency Meeting Held: y--3^00 Deferred/Continued to: Approved O C ditionally A proved 0 Denie GOO, i0 _ C y I Signature Council Meeting Date: April 3, 2000 Department ID Number: CS00-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION �7 - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS � SUBMITTED BY: RAY SILVER, City Administrator622d PREPARED BY: RON HAGAN, Director, Community Services SUBJECT: APPROVE AGREEMENT WITH NEW YORK ROAD RUNNERS;CLUB, INC. [Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmentisj Statement of Issue: Should the city continue its relationship with the New York Road Runners Club, Inc. (NYRRC) for the title sponsorship of the Fourth of July Run/Expo? Funding Source: NIA Recommended ActionLsl: (1) Motion to approve hold harmless section of the Agreement (Section 8) which contains reciprocal indemnification obligations of the parties, including City's obligation to indemnify NYRRC pursuant to this section. (2) Motion to approve Agreement for the title sponsorship of the Fourth of July Run/Expo with the New York Road Runners Club, Inc., and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Do not approve the agreement with the New York Road Runners Club, Inc., and direct staff to renegotiate the terms and conditions of the agreement. Analysis: Tommy Hilfiger, through the New York Road Runners Club, Inc., was a title sponsor for the 1999 Fourth of July Run/Expo. That agreement, which was approved on March 15, 1999, worked very well for both the city and Hilfiger. In order to extend this successful partnership, there is a need t Environmental Status: N/A Attachment(s): o DescriptionCity Clerk's Page Numbe r No. Agreement with New York Road Runners Club, Inc `J • • FOURTH OF JL''LY SPONSORSHIP AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NEW YORK ROAD RUNNERS CLUB, INC. THIS AGREEMENT ("Agreement") is made and entered into effective April 3rd, , 2000, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "City"), and NEW YORK ROAD RUNNERS CLUB, INC., a New York not -for -profit corporation (hereinafter referred to as 4'NYRRC"), as agent for Aramis. Inc., d/b/a Tommy Hilfiger Toiletries, 767 Fifth Avenue, New York, NY 10153 (hereinafter referred to as "Sponsor") WHEREAS, City currently operates and maintains an annual Fourth of July Celebration, which includes a run/walk event; City wishes to provide its citizens with quality events during the Fourth of July Celebration; and On March 15, 1999, NYRRC entered -into an Agreement with City for sponsorship of the 1999 Fourth of July celebration by Sponsor; NYRRC now wishes to enter into an agreement with City for sponsorship of the 2000 Fourth of July Celebration (hereinafter referred to as the "Event") by Sponsor. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be.legally bound, the parties covenant and agree as follows: z SECTION 1. AGENCY RELATIONSHIP NYRRC represents that it is the exclusive agent on behalf of Sponsor with respect to sponsorship of the 2000 Fourth of July Celebration in the City of Huntington Beach. NYRRC covenants warrants and agrees that it will ensure the Agreement and compliance of Sponsor with the duties and responsibilities as set forth in this Agreement. Not withstanding any other j mp/agree!roadrunr-2/03 /20�00 0 provision of this Agreement, a failure of Sponsor or City to meet the duties and obligations of this Agreement will constitute a breach of this Agreement. SECTION 2. SPONSOR EXCLUSIVITY RIGHTS City, in consideration of the Agreement hereinafter stated, grants to Sponsor rights and privileges to Event category exclusivity, use of City logo and marks, signage, access to points of sale, and other rights, as more specifically defined in Exhibit "A" attached thereto and incorporated by reference. NYRRC will designate a representative, or representatives, to be its sole contact and agent in all consultations with City during the performance and implementation of this Agreement throughout the entire term of the Agreement. City hereby designates Bill Fowler who shall represent it and be its sole contact and agent in all consultations with NYRRC during the performance and implementation of this Agreement throughout the entire term of the Agreement. Any further agreements between NYRRC and City shall be negotiated through Ron Hagan, Director of Community Services, as City's agent, subject to City Council approval. SECTION 3. TERM This Agreement will become effective when fully signed by the parties and shall terminateon September 14, 2000. SECTION 4. FEE r In consideration of the rights and privileges provided to NYRRC under this Agreement, NYRRC agrees to pay City a fee of Ninety Thousand Dollars (590,000.00). The fee specified in this Section shall be paid by NYRRC to the City Treasurer at 2600 Main Street, Post Office Box 711, Huntington Beach, California 92648, or at such other place or places as City may from time 2 jmp. agree.'roadrunr-2.'03/20i00 to time designate by written notice delivered to NYRRC. The fee shall be due and payable as follows: • 525,000 deposit due upon execution of this agreement • $25,000 due on or before May 1, 2000 * $25,000 due on or before June 1, 2000 • , $15,000 balance due on or before June 30, 2000. If City does not receive initial payment or subsequent payments within ten (10) days from due date, then a late charge of 5. percent (5%) shall be paid by NYRRC. In addition, one and a half percent (11/2%) interest on the unpaid balance per month shall be added for each month payment hereunder is due but unpaid, commencing the first day of the month subsequent to the due date. SECTION 5. ADDITIONAL BENEFITS TO CITY In addition, W- RCC will ensure that Sponsor provides City with the following to support their overall involvement with the 2000 Huntington Beach Parade event: A. Approximately 4,500 T-shirt blanks for Parade Run participants. B. Approximately 500 T-shirt blanks for Parade event volunteers. C. Product to outfit approximately 50 members of the event organizing committee (colored shirt and cap). D. City shall have the right to purchase T-shirt blanks for merchandise'sales to the public. SECTION 6. CATEGORY EXCLUSIVITY City grants to Sponsor the right of "Category Exclusivity," subject to the limitations set forth herein. For the purposes of this Agreement, "Category Exclusivity" is defined as ensuring that Sponsor is the only company provided fragrance, clothing and footware sponsorship at the 3 jmp/agree/roadrunr-2 -03!20:`00 • Event. In addition, City grants Sponsor the right to engage a retail store as a Retail Partner, and City grants category exclusivity to said Retail Partner. SECTION 7. ACCESS TO CITY MARKS AND LOGOS Sponsor shall have the right to use the official Huntington Beach City logo, and City's "Surf City" trademarks. Each party shall consult with the other party prior to the use of any logos and trademarks of the other party and shall obtain the other party's prior written approval before using any of these logos and trademarks, which approval shall not be unreasonably withheld. SECTION 8. HOLD -HARMLESS AGREEMENT NYRRC shall protect, defend, indemnify and save and hold harmless City, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with Sponsor's and NYRRC's performance of or actions taken pursuant to this Agreement, or its failure to comply with any of its obligations contained in this Agreement by Sponsor or NYRRC, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. City shall protect, defend, indemnify and save and hold harmless N�YRRC, its officers, officials, directors and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with City's performance of or actions taken pursuant to this Agreement, or its failure to comply with any of its obligations contained in this Agreement by City, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of NYRRC and/or Sponsor. 4 j mp 'agree/roadrunr-2/ 03120::00 SECTION 9. ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this Agreement, or any right or interest in this Agreement, without the express written consent of the other party first had and obtained. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this Agreement. SECTION 10. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this Agreement shall inure to -the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the condition's against assignment hereinbefore set forth. SECTION 11. CONFLICT OF INTEREST NYRRC shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. NYRRC warrants and covenants that to its best knowledge and information, no official or employee of City, nor any business entity in which an official or employee of City is interested, (1) has been employed or retained by NYRRC or Sponsor to solicit or aid in the procuring of this Agreement; or (2) will be employed by NYRRC or Sponsor in the performance of this Agreement without the immediate divulgence of such fact to the City Attorney or City Administrator. In the event City determines that the employment of any such official, employee - 5 r. jmp/agree/ruadrunr-2/03/20/00 (, 1 I or business entity is not compatible with such official's or employee's duties as an official or employee of the City of Huntington Beach, NYRRC, upon request of City, shall terminate such employment immediately. For breaches or.violation of this Section, City shall have the right both to annul this Agreement without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. SECTION 12. PHOTOGRAPHY City has the right to for its own purposes, or may grant permits to persons or corporations engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs or motion pictures of the Fourth of July activities without obtaining NYRRC's prior approval or without paying NYRRC any compensation for such activities. City shall obtain all necessary releases. SECTION 13. NONDISCLOSURES/PRESS RELEASES NYRRC shall consult with City and obtain City's.prior written approval before issuing any press releases or otherwise making any public statements with respect to this Agreement or the transactions contemplated hereby. City shall consult with NYRRC and obtain NYRRC's prior written approval before issuing any press releases or otherwise making any public statements with respect to this Agreement or the teansactions contemplated hereby. SECTION 14. CUMULATIVE REMEDIES The remedies given to the parties in this Agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Agreement. 6 j mp/agree/roadrunr-2/03/20/00 SECTION 15. WAIVER OF BREACH The waiver by City of any breach by NYRRC of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by NYRRC either of the same or another provision of this Agreement. SECTION 16. FORCE VIA]EURE - UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either City or NYRRC be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the'act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the fee by NYRRC as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or NYRRC, required to perform the act, except that if the Event is not conducted for any reason other than the fault of NYRRC or Sponsor, City will return to NYRRC any unexpended products or other materials provided to City by NYRRC or Sponsor and will refund to NYRRC that portion of the -fee paid pursuant to Section 4 hereof, less the portion of any costs in connection with its obligations under this Agreement that City has paid or is obligated to pay to any third parties. SECTION 17. NOTICE Any written notice, given under the terms of this Agreement, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: 7 imp/agree;ioadrunr-2i 03i20. 00 • CITY 1\ YRRC Ron Hagan Robert L. Laufer Director of Community Services New York Road Runners Club, Inc. City of Huntington Beach 9 East 89"' Street 2000 Main Street, P.O. Box 190 New York, NY 10128 Huntington Beach, CA 92648 Phone: (212) 423-2226 Phone: (714) 536-5291 Fax: (212) 360-7324 Fax: (714) 374-5304 SECTION 18. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. SECTION 19. CONTROLLING LAW AND VENUE This Agreement shall be deemed to be made in, and the rights and liabilities of the parties, and the interpretation and construction of this Agreement, determined in accordance with the laws of the State of California. Any controversy arising out of or under this Agreement, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 20. SECTION TITLES The section titles in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Agreement or in any way affect this Agreement. SECTION 21. TIME OF ESSENCE Time is of the essence with respect to all provisions of this Agreement in which a definite time for performance is specified including, but not limited to, the payment of fee by NYRRC and the expiration of this Agreement. 8 j mp ragreeiroadrunr-2?03/20/00 SECTION 22. SURVIVAL OF INDEMNITIES Termination of this Agreement shall not affect the right of City to enforce any and all indemnities given or made by NYRRC under this Agreement; nor shall it affect any provision of this Agreement that expressly states that its shall survive termination thereof. SECTION 23. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed City or City affiliated board, commission or member thereof, or officer, official, employee or agent of City shall be personally liable to NYRRC, its successors and assigns, in the event of any default or breach by City under this Agreement or for any amount which may become due to NYRRC, its successors and assigns, under this Agreement or for any obligation of City under this Agreement. SECTION 24. DEFAULT; TIME TO CURE This Agreement may be terminated by either party upon thirty (30) days notice in writing in the event of failure to comply with any of the material terms or conditions or agreements hereof. In the event of termination, the party in default shall be allowed ten (10) days after notice within which to cure the failure or default which gave rise to such termination; provided, further that if the nature of default is such that more than ten (10) days are reasonably required for its cure, then the party shall not be deemed to be in default if the party commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. SECTION 25. AGREEMENT IN WRITING This Agreement contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed,,altered, modified, limited or extended orally or by any agreement between the parties unless sucli'agreement be expressed in writing, signed and acknowledged by City and NYRRC, or their successors in interest. 9 imp.'igree.lroadrunr-2;'03/20100 SECTION 26. PARTIAL INVALIDITY Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 27. AGREEMENT IN COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. REST OF PAGE NOT USED f - T 10 jmp.'agree roadrmu-2r0320 00 'r S r; 4- parties. SECTION 28. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. NEW YORK ROAD RUNNERS CLUB, INC. a print nam ITS: (circle one) Chairman. residen Vice President By. print name ITS: (circle one) Secretary/ ief Financial xDAsst. Secretary — Treasurer REVIEWED AND APPROVED: v City Ad nistrator CITY OF HUNTINGTON BEACH, a munici at corporat. n of the State of California �� ems► Mayor Pro Tem ATTEST: City C!erk r APPROVED AS TO FORM: 11 C ity Attorney. INITIATED AN PPROVED: Director of Wrnunity Services j mp/agreelroadrunr-2I03 /20/00 Exhibit A 96th ANNUAL HUNTINGTON BEACH 4th OF JULY CELEBRATION EXHIBIT A SPONSOR BENEFITS The 96th Annual Huntington Beach 4th of July Celebration blends tradition and history with excitement through the combination of six unique events. The year 2000 will feature national, regional and local elements to provide for the most spectacular and eclectic mix presented over the past ninety-five years. As the Title Sponsor of this year's Surf City Run and either a presenting or supporting sponsor for the other events, Tommy Hilfiger will receive the opportunity to share in a full four days of personal, community and patriotic pride, along with a range of marketing advantages. TOMMY `S SURF CITY RUN Tuesday, July 4, 2000 Independence Day begins with a spectacle of movement as 4000 runners start the day with health and fitness on their mind and the spirit of competition in their hearts. The annual Surf City Run is a 5K course that moves up Main Street along the historic parade route. Cheered on by throngs of early parade goers and revelers, runners are treated to a scenic view of decorated homes and shade trees lining Main Street. Spectators and visitors can go away with a new fitness look and attitude after visiting sportswear and innovative gear and equipment vendors at the EXPO. Estimated participants: 4000 RED, WHITE AND BLUE_ HOSPITALITY EVENT Presented by Tommy Hilfiger Tuesday, July 4, 2000 A VIP thank you. Sponsors and guests will enjoy an elegant event with the opportunity to entertain friends and associates. 96th ANNUAL FOURTH OF JULY PARADE Supported by Tommy Hilfiger Tuesday, July 4, 2000 The longest held community tradition, the Huntington Beach 4th of July Parade still claims to be the "biggest 4th of July parade west of the Mississippi". Good old fashioned marching bands, floats, politicians, baton twirling, clowns, Shriners, YMCA Indian Guides, veterans and beauty queens all reflect a spirit of patriotism as they wind down Main Street, USA. Presently the city is working with Cal Trans in the hope that we will be able to use part of Pacific Coast Highway for some of the parade route, which would give us a dramatic backdrop of the Pacific Ocean. Spectators can start the day with a western sized breakfast of pancakes, bacon and plenty of maple syrup prepared by the local Lions Club. Estimated attendance: 250,000 MAIN STREET FREEDOM FESTIVAL Presented by Tommy Hilfiger Saturday July 1 and Sunday July 2, 2000 This two-day festival is a new element to the celebration for 2000. A weekend full of historic re-enactment tracing the rich heritage of America. Booths, food and vendors with displays will fill Lake Park and add to the excitement of the Fourth of July Celebration. "LIGHT UP THE SKIES" FIREWORKS EXTRAVAGANZA Supported by Tommy Hilfiger Tuesday, July 4, 2000 A patriotic salute to the new millennium in which roving magicians, clowns, vendors, and music for the entire family will help begin the evening's program. Military bands performing rousing patriotic songs are a prelude to the evening's spectacular pyrotechnic display. As the sun sets, a traditional fireworks show will light up the sky in brilliant hues of red, white and blue. Estimated attendance: 5000 AMERICAN ROOTS MUSIC CONCERT Supported by Tommy Hilfiger Tuesday, July 2, 2000 Enjoy some true American roots music with a 21" century flavor at an afternoon concert featured against the backdrop of the Pacific Ocean in the City's new Pier Plaza, a beautiful artist -designed plaza located at the entrance to the Pier. The American Roots Music Concert will present a full afternoon of Western Swing. Estimated attendance: 5000 2 LI C� Tommy Hilfiger shall receive the following benefits as Title Sponsor of the Surf City Run and Presenting/Supporting Sponsor for the other events. Merchandising The opportunity for Tommy Hilfiger to create a merchandising partnership relationship with the Huntington Beach 4th of July Celebration events; Tommy Hilfiger may integrate a promotion with a retail partner for sales of official event souvenir and merchandise items. Television Tommy Hilfiger recognition in HBTV local cable pre -event television advertising spots promoting the Huntington Beach 4th of July Celebration events. A two-hour parade special on the 4"' of July on HBTV local cable. Negotiations with a broadcast station for a one -hour special are ongoing and anticipated to be completed by May 30, 2000. Also, the City will attempt to negotiate with public television for coverage with a national uplink. Direct Mail Tommy's American Run Series - minimum 20,000 direct mailing of the official entry brochure to targeted frequent participants in roadrace and walking events in the Southern California market. An 8'/x x 11 two sided informational letter on Fourth of July letterhead incorporating Tommy Hilfiger and Retail Partner Logo enclosed with the City of Huntington Beach water bill to over 50,000 homes and businesses by May 2000. Quarter page, black and white description of the Fourth of July activities incorporating Tommy Hilfiger and Retail Partner logos in the "Sands", Summer issue direct mailed to 70,000 in May 2000. Official Race Entry Brochure Tommy Hilfiger, New York Road Runner Club (NYRRC) and Retail Partner name and logo featured in a minimum of 50,000 color race brochure programs including official entry forms distributed throughout Southern California via retail outlets, health/fitness clubs, participant residences, running clubs, and other road races Tommy Hilfiger and Retail Partner special recognition detailed in the official entry brochure. City will integrate Tommy Hilfiger's logo into race entry brochure, upon receipt of logo from Tommy Hilfiger. City will include a Multiple Sclerosis (MS) pledge form as part of race brochure. Exclusivi Tommy Hilfiger shall be the exclusive fragrance, clothing and footwear category sponsor of the 961h Annual Huntington Beach 4th of July Celebration. The City of Huntington Beach shall have Robinson May be the exclusive partner in the retail department category. Advance Promotion Banners Tommy Hilfiger logo included on special banners hung no later than June 12, 2000, at the following four (4) locations: Main Street and Pacific Coast Highway (approx. 35,000 vehicles in a 24 hour time period) (size: 3' x 25') Main Street and Orange (approx. 4,000 vehicles in a 24 hour time period) (size: 3' x 25') Huntington Beach Pier (approx. 35,000 pedestrian traffic daily) (size: 3' x 34') Main Street at Lake Park (approx. 7,000 vehicles in a 24 hour time period) (size: Tx 25') Parade Float Tommy Hilfiger will be entitled to one complimentary float entry (maximum value of approximately $3,000) and/or one convertible automobile in the VIP section of the Parade. Tommy Hilfiger will provide content of float and will advise city as to participation of MS. 0 • Advertising Tommy Hilfiger will be integrated into all official newspaper media partner advertising. A total of 500 inches of ad space will be available through a contract with the L.A. Times, Orange County edition. Tommy Hilfiger reserves right to review all advertising schedules and approve art work before production. Advertising will be ongoing through the day of the Event. Name Associ to ion Tommy Hilfiger will be granted license to use the event logo and name in association with Tommy Hilfiger's participation in the event. Tommy Hilfiger incorporated as Title Sponsor of the Surf City Run Event in advertising and promotional materials and presenting sponsor for all other events with exception of Parade, Concert and Fireworks events, where Tommy Hilfiger will be a supporting sponsor. Event and Race T-Shirts Tommy Hilfiger, NYRRC and retailer partner name and logo shall be included on official race t-shirts for race staff, participants, and volunteers. Tommy Hilfiger shall provide a minimum of five thousand (5,000) official T- shirts in the sizes as defined by City. Website City will coordinate website development and appropriate website links through Pacific Sports and the NYRRC or its designee. Special Promotions Tommy Hilfiger shall be entitled to organize or develop special promotions in conjunction with event sponsorship. Tommy Hilfiger will provide City with description of promotion no later than Monday, May 15, 2000 for City approval. City shall provide Tommy Hilfiger with those sponsors. i Official Parade Program Tommy Hilfiger to receive the following benefits in the Official Parade Program: Cover with Tommy Hilfiger logo integrated into official event logo; One-half page "Welcome" ad; Double truck center spread. Tommy Hilfiger to provide information by May 15, 2000 Race Bib Numbers Tommy Hilfiger name and logo shall be included on participant racing bib numbers. Banners City will provide space and labor to display up to sixty (60) sponsor supplied banners with name and logo in various strategic venue locations for all official parade activities, including but not limited to the following: American Roots Music Concert VIP Hospitality Event Main Street Freedom Festival Parade float entry area Tommy Surf City Run at start/finish line Parade bleacher area "Light up the Skies" Fireworks Extravaganza City will use best efforts to have all banners on display between July 1 — 4, 2000, contingent upon receipt of the banners from Sponsor no later than June 23, 2000. Art/Official Event Graphics Tommy Hilfiger logo shall be integrated into the official event graphics as Title Sponsor of the Tommy's Surf City Run (logo or type). Possible opportunity for Tommy Hilfiger to develop actual official event graphics with direction from the City of Huntington Beach Parade organization. City will integrate approved Tommy Hilfiger logo within fourteen (14) days of receipt. Tommy will have the right to approve all creative before production and distribution. Unless specific objections are provided within five (5) working days of receiving the artwork, then all submissions will be deemed approved. 0 • Official Host Hotel Tommy Hilfiger is entitled to two (2) rooms at the Waterfront Hilton Hotel from July V to July 4", 2000. City will use it's best efforts to secure two (2) additional rooms for Tommy Hilfiger at Sponsor's expense. Posters Tommy Hilfiger, NYRRC and retailer partner logo shall be included on a minimum of 500 color posters to be distributed throughout Southern California. Posters (11" x 17") to be jointly distributed by Tommy Hilfiger and City no later than June 16, 2000. Race Sta ff inish Banners Tommy Hilfiger shall be entitled to official start and finish banners to be hung at the Tommy's American Run Series. More specifically, a minimum of ten (10) banners will be displayed at the start line and finish line tower; six (6) banners along the finish line chute and two (2) banners at the stage for the awards presentation. Tommy Hilfiger to provide design. Press Releases Tommy Hilfiger shall receive name association in approximately 30 press releases generated for the 961" Huntington Beach 4th of July Celebration events by the City of Huntington Beach Public Relations Committee. Exhibit Space City shall provide a 10 x 20-foot exhibit space with canopy, one table, and two chairs to display productslservices at each celebration event. Sponsor shall be responsible for staffing and presentation of product services. In addition, Multiple Sclerosis (MS) shall be entitled to this benefit at the Main Street Freedom Festival. Announc ments Tommy Hilfiger association with event shall be used in announcements for a four -day period by designated event emcee's of the official celebration events. n Distribution of Materials Approved Tommy Hilfiger company/product information and retail partner or promotional items shall be distributed to event participants and attendees at the various events. Promotional items must be delivered to city by June 16, 2000. City will make best effort to distribute in a timely manner. Vendor Partnership Opportunities Tommy Hilfiger licensees will be offered a twenty percent (20%) discount on exhibitor opportunities if affiliated with Tommy Hilfiger. Radio Promotion Tommy Hilfiger shall be recognized as the Title Sponsor for Tommy's Surf City Run and presenting/supporting sponsor for the other five events in pre -event radio advertising promotions. City will make its best effort to secure radio promotion for Tommy Hilfiger and Retail Partner, including race packet pick-up date at the Retail Partner's location. Public Service announcements will be aired beginning the week of June 12: 2000. Race Entries Twenty complimentary race entries and T-shirts shall be provided to Tommy Hilfiger to enter participants of their choice in the event, e.g. Tommy Hilfiger Team.. The names of the individual participants must be provided to the City by June 16, 2000. Race Awards Ceremony Tommy Hilfiger representative(s) shall be included in the official awards presentation to race winners, awarded in twelve age categories for men and twelve age categories for women. 8 City Tapestry Banners Tommy Hilfiger logo shall be included in pageant flagging (3' x 6') program for the Parade event at up to 80 locations at major arterials and at the City Pier within the City of Huntington Beach beginning June 5`n no sorshiip for 2001 Fourth of July„ Celebration If the City shall elect to seek sponsorship for the year 2001 Fourth of .July celebration, then City shall negotiate exclusively with Tommy Hilfiger regarding the year 2001 event through January 1, 2001. If no agreement is reached by such date, City will be free to negotiate with another potential sponsor, but will notify Tommy Hilfiger of the final offer from such other potential sponsor and Tommy Hilfiger shall have thirty (30) days from its receipt of such notice to match such other offer. TOTAL PACKAGE COST = $90,000 for the Year 2000 RCA*20UTING SHEET INITIATING DEPARTMENT: �C0MMQN1_T_Y_SERV10ES_j__ SUBJECT: AF?PROVE AGREEMENT WITHNEW PORK ROAD R_UNNERS.C_LUB, IN COUNCIL MEETING DATE: I_AP_f1L3j_2000--J -!!--!_`!-�-!RCAATTACHMENTS'. .- . STATUS S - 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) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City A ttomey) Not Applicable Certificates of Insurance (Approved by the City 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 L Findings/Conditions for Approval and/or Denial Not Applicable::] -,-EXPLANATIOWFOR. MISSING ATTACHMENTS: :REVIEWED RETURNED:- .:::FORWA- RDEQ: -Administrative Staff -Assistant City Administrator (initial) City Administrator (initial) rCity Clerk EXPLANATION FOR RETURN OFITEW, Council/Agency Meeting Held: 3/!S / 9/ 9 erred/Continued to: YEgo y d ondikionally A roved ❑Denied .� lerk's Signature Council Meeting Date: March 15, 1999 Department ID Number: CS99-005 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: RON HAGAN, Director, Community Services o_"� SUBJECT: APPROVE AGREEMENTS WITH THE NEW YORK ROAD RUNNERS CLUB, INC.; PACIFIC SPORTS, AND HERB MASSINGER OF RACE PACE =StatementIssue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmentls) Statement of Issue: Shall the city enter into a promotional agreement with the New York Road Runners Club, Inc., who represents Tommy Hilfiger Clothing and Fragrances, for the purpose of title sponsor for the 1999 Fourth of July Run/Expo, and presenting sponsor for the parade, fireworks show, and bash? In addition, should the city enter into agreements with Pacific Sports to organize and manage the 5K Run/Expo, and with Herb Massinger of Race Pace to act as agent for the city with regard to the New York Road Runners Club, Inc.? Funding Source: General Fund, to be reimbursed from the 41h of July fund-raising activities and donations from Tommy Hilfiger and other sponsors. Recommended Action: Motion to approve one-year agreements with the New York Road Runners Club, Inc., Pacific Sports, and Herb Massinger in conjunction with the Fourth of July Run, and authorize the Mayor and City Clerk to execute same. Alternative Actions): Do not approve one-year agreements with the New York Road Runners Club, Inc., Pacific Sports, or Herb Massinger, and direct staff to renegotiate the terms and conditions for the agreements. Ana, lysis: The Fourth of July Executive Board has been directed by City Council to make the 4 of July celebration a self-sufficient event. To that end, the city has attempted for the past few years to bring in major sponsors. This year, the city has an opportunity to have Tommy Hilfiger Clothing and Fragrances as a title sponsor for the run/expo and presenting sponsor for the parade, fireworks show, and bash. Tommy Hilfiger, through the New York Road 0 REQUEST FOR MEETING DATE: March 15, 1999 14Me, S. 3.03 �vCurnPir�fax`ior 1oG�'S180 to �s�c. / �d-fessor.�G COUNCIL N y. , A-nd /.Z.&- DEPARTMENT ID NUMBER: CS99-005 Runners Club, Inc., will be sponsoring 4th of July runs across the country in New York, Chicago, Dallas, Houston, Boston, .Washington D:C., Portland, Tampa, Oklahoma City, Charlotte, St. Louis, Pittsburgh, and Huntington Beach. Tommy Hilfiger plans to build a national advertising campaign around its nationwide 4th of July run series. All Hilfiger clothing, fragrances, and merchandise are produced only in the colors of red, white and blue; hence, they feel that 4th of July activities across the country are a perfect match for a national advertising campaign.. Because Huntington Beach is the only venue in California for the 4th of July run series, sponsoring of this city's parade, fireworks, and bash is extremely important to the Tommy Hilfiger ad campaign. This has enabled city staff to negotiate terms which will bring the event $90,000 cash, less agent's commission, plus 5,000 Tommy Hilfiger 4th of July T-shirts. The Fourth of July Executive Board received proposals from three run operators: Pacific Sports, Kinane Events, and Race Pace. Staff interviewed these companies in coordination with the New York Road Runners Club, and selected the low bidder, Pacific Sports. Pacific Sorts is ready to meet the contractual responsibility of the city with the title sponsor of the 4of July run. This sponsorship opportunity has been made possible through the efforts of Herb Massinger and his contacts with the New York Road Runners Club. Staff is asking that City Council approve a one-year agent contract with Massinger for bringing Tommy Hilfiger to the city as a title sponsor. Environmental Status: Not applicable. Attachment(s): 1. Z. ......::................................:: ° 3. RCA Author: RH:BF:cr Agreement with New York Road Runners Club, Inc. Agreement with Pacific Sports regiment with Herb Massinger RCA Hilfiger.doc -2- 03104/991.56 PM • • ATTACHMENT #1 FOURTH OF JULY SPONSORSHIP AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NEW YORK ROAD RUNNERS CLUB, INC. THIS AGREEMENT ("Agreement") is made and entered into effective 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "City"), and NEW YORK ROAD RUNNERS CLUB, INC., a New York not -for -profit corporation (hereinafter referred to as "NYRRC"), as agent for Aramis, Inc., d/b/a Tommy Hilfiger Toiletries, 767 Fifth Avenue, New York, NY 10153 (hereinafter referred to as "Sponsor"). WHEREAS, City currently operates and maintains an annual Fourth of July Celebration, which includes a run/walk event; City wishes to provide its citizens with quality events during the Fourth of July Celebration; and NYRRC wishes to enter into agreement with City for sponsorship of Fourth of July Celebration 1999 (hereinafter referred to as the "Event") by Sponsor. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows: SECTION 1. AGENCY RELATIONSHIP N-YRRC represents that it is the exclusive agent on behalf of Sponsor with respect to sponsorship of the 1999 Fourth of July Celebration in the City of Huntington Beach. NYRRC covenants warrants and agrees that it will ensure the agreement and compliance of Sponsor with the duties and responsibilities as set forth in this Agreement. Not withstanding any other provision of this Agreement, a failure of Sponsor or City to meet the duties and obligations of this Agreement will constitute a breach of this Agreement. jmp'agree!roadrunr 03:03i99 SECTION 2. SPONSOR EXCLUSIVITY RIGHTS City, in consideration of the Agreement hereinafter stated, grants to Sponsor rights and privileges to Event category exclusivity, use of City logo and marks, signage, access to points of sale, and other rights, as more specifically defined in Exhibit A attached thereto and incorporated by reference. NYRRC will designate a representative, or representatives, to be its sole contact and agent in all consultations with City during the performance and implementation of this Agreement throughout the entire term of the Agreement. City hereby designates Bill Fowler who shall represent it and be its sole contact and agent in all consultations with NYRRC during the performance and implementation of this Agreement throughout the entire term of the Agreement. Any further agreements between NYRRC and City shall be negotiated through Ron Hagan, Director of Community Services, as City's agent, subject to City Council approval. SECTION 3. TERM This Agreement will become effective when fully signed by the parties and shall terminate at the conclusion of the Event, except with respect to any obligations hereunder which are to be performed thereafter. SECTION 4. FEE In consideration of the rights and privileges provided to NYRRC under this Agreement, NYRRC agrees to pay City a fee of Ninety Thousand Dollars (S90,000.00). The fee specified in this Section shall be paid by NYRRC to the City Treasurer at 2000 Main Street, Post Office Box 711, Huntington Beach, California 92648, or at such other place or places as City may from time to time designate by written notice delivered to NYRRC. The fee shall be due and payable as follows: 2 jmplagree.roadrunrION08 99 0 • • 525,000 deposit due upon execution of this agreement • $25,000 due on or before May 1, 1999 • $25,000 due on or before June 1, 1999 • $15,000 balance due on or before July 1, 1999. If City does not receive initial payment or subsequent payments within ten (10) days from due date, then a late charge of 5 percent (5%) shall be paid by NYRRC. In addition, one and a half percent (11/2%) interest on the unpaid balance per month shall be added for each month payment hereunder is due but unpaid, commencing the first day of the month subsequent to the due date. SECTION 5. ADDITIONAL BENEFITS TO CITY In addition, Sponsor shall also provide City with the following to support their overall involvement with the 1999 Huntington Beach Parade event: A. Approximately 4,500 T-shirt blanks for Parade Run participants. B. Approximately 500 T-shirt blanks for Parade event volunteers. C. Product to outfit approximately 50 members of the event organizing committee (colored shirt and cap). D. City shall have the right to purchase T-shirt blanks for merchandise sales to the public. SECTION 6. CATEGORY EXCLUSIVITY City grants to Sponsor the right of "Category Exclusivity," subject to the limitations set forth herein. For the purposes of this Agreement, "Category Exclusivity" is defined as ensuring that Sponsor is the only company provided fragrance, clothing and footware sponsorship at the Event. In addition, City grants Sponsor the right to engage a retail store as a Retail Partner, and City grants category exclusivity to said Retail Partner. 3 j mpiagree/roadrunriO3/08i99 • 0 SECTION 7. ACCESS TO CITY MARKS AND LOGOS Sponsor shall have the right to use the official Huntington Beach City logo, and City's "Surf City" trademarks. Each party shall consult with the other party prior to the use of any logos and trademarks of the other party and shall obtain the other party's prior written approval before using any of these logos and trademarks, which approval shall not be unreasonably withheld. SECTION 8. HOLD -HARMLESS AGREEMENT NYRRC shall protect, defend, indemnify and save and hold harmless City, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with Sponsor's and NYRRC's performance of or actions taken pursuant to this Agreement, or its failure to comply with any of its obligations contained in this Agreement by Sponsor or -WRRC, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. City shall protect, defend, indemnify and save and hold harmless NYRRC, its officers, officials, directors and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with City's performance of or actions taken pursuant to this Agreement, or its failure to comply with any of its obligations contained in this Agreement by City, its officers, directors, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of NYRRC. 4 jmp-agrecftadrunr:03::03 99 SECTION 9. ASSIGNING AS BREACH Neither party shall not encumber, assign, or otherwise transfer this Agreement, or any right or interest in this Agreement, without the express written consent of the other party first had and obtained. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this SECTION 10. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 11. CONFLICT OF INTEREST NYRRC shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. NYRRC warrants and covenants that to its best knowledge and information, no official or employee of City, nor any business entity in which an official or employee of City is interested, (1) has been employed or retained by NYRRC or Sponsor to solicit or aid in the procuring of this Agreement; or (2) will be employed by NYRRC or Sponsor in the performance of this Agreement without the immediate divulgence of such fact to the City Attorney or City Administrator. In the event City determines that the employment of any such official, employee jmp;'agreciraadrunr:`03.`03 99 or business entity is not compatible with such official's or employee's duties as an official or employee of the City of Huntington Beach, NYRRC, upon request of City, shall terminate such employment immediately. For breaches or violation of this Section, City shall have the right both to annul this Agreement without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. SECTION 12. PHOTOGRAPHY City has the right to for its own purposes, or may -grant permits to persons or corporations engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs or motion pictures of the Fourth of July activities without obtaining NYRRC's prior approval or without paying NYRRC any compensation for such activities. City shall obtain all necessary releases. SECTION 13. NONDISCLOSURES/PRESS RELEASES NYRRC shall consult with City and obtain City's prior written approval before issuing any press releases or otherwise making any public statements with respect to this Agreement or the transactions contemplated hereby. City shall consult with NYRRC and obtain NYRRC's prior written approval before issuing any press releases or otherwise making any public statements with respect to this Agreement or the transactions contemplated hereby. SECTION 14. CUMULATIVE REMEDIES The remedies given to the parties in this Agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Agreement. G j mp'agree:'roadrunr:`03 03:'99 SECTION 15. WAIVER OF BREACH The waiver by City of any breach by NYRRC of any of the provisions of this Agreement, irrespective of the Iength of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by NYRRC either of the same or another provision of this Agreement. SECTION 16. FORCE MAJEURE - UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either City or NYRRC be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the fee by NYRRC as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or NYRRC, required to perform the act, except that if the Event is not conducted for any reason other than the fault of NYRRC or Sponsor, City will return to NYRRC any unexpended products or other materials provided to City by NYRRC or Sponsor and will refund to NYRRC that portion of the fee paid pursuant to Section 4 hereof, less the portion of any costs in connection with its obligations under this Agreement that City has paid or is obligated to pay to any third parties. SECTION 17. NOTICE Any written notice, given under the terms of this Agreement, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: jmp.'agree roadrunr;'03:-"03 99 • CITY Ron Hagan Director of Community Services City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Phone: (714) 536-5291 Fax: (714) 374-5304 SECTION 18. ATTORNEY'S FEES NYRRC Scott Lange New York Road Runners Club, Inc. 9 East 891h Street New York, NY 10128 Phone: (212) 423-2226 Fax: (212) 360-7324 In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. SECTION 19. CONTROLLING LAW AND VENUE This Agreement shall be deemed to be made in, and the rights and liabilities of the parties, and the interpretation and construction of this Agreement, determined in accordance with the laws of the State of California. Any controversy arising out of or under this Agreement, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 20. SECTION TITLES The section titles in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Agreement or in any way affect this Agreement. SECTION 21. TIME OF ESSENCE Time is of the essence with respect to all provisions of this Agreement in which a definite time for performance is specified including, but not limited to, the payment of fee by NYRRC and the expiration of this Agreement. 8 jmpJugrce:`r0adrunr 03:'03;99 SECTION 22. SURVIVAL OF INDEMNITIES Termination of this Agreement shall not affect the right of City to enforce any and all indemnities given or made by NYRRC under this Agreement, nor shall it affect any provision of this Agreement that expressly states that its shall survive termination thereof. SECTION 23. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed City or City affiliated board, commission or member thereof, or officer, official, employee or agent of City shall be personally liable to NYRRC, its successors and assigns, in the event of any default or breach by City under this Agreement or for any amount which may become due to NYRRC, its successors and assigns, under this Agreement or for any obligation of City under this Agreement. SECTION 24. DEFAULT,• TIME TO CURE This agreement may be terminated by either party upon thirty (30) days notice in writing in the event of failure of to comply with any of the material terms or conditions or agreements hereof. In the event of termination, the party in default shall be allowed ten (10) days after notice within which to cure the failure or default which gave rise to such termination; provided, further that if the nature of default is such that more than ten (10) days are reasonably required for its cure, then the party shall not be deemed to be in default if the party commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. SECTION 25. AGREEMENT IN WRITING This Agreement contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by City and NYRRC, or their successors in interest. 9 j mp.'agree: roadrunriO3:03m99 SECTION 26. PARTIAL INVALIDITY Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the -parties hereto are not materially impaired. SECTION 27. AGREEMENT IN COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. REST OF PAGE NOT USED 10 jmp'agree:roadrunr:'03.03 99 parties. SECTION 28. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their -authorized officers the day, month and year first above written. NEW YORK ROAD RUNNERS CLUB, INC. a CITY OF HUNTINGTON BEACH, a New York r)*for-profit corporation: municipal corporation of the State of California L By: Mayor . print name ITS: (circle one) Chairman!Preside Nice Presiders A: (? By ire tw �. print n ITS: (circle one) Secretar :Chief Financial Officer. sst. Secretary — Treasurer REVIEWED AND APPROVED: City istrator ATTEST: City Clerk CO , f APPROVED AS TO FORM: P-4- 'yCity Attorney 2�_q� g�S 3 INITIATED APPROVED: Director o ommunity Services 11 j mp/agreeiroadrunrl0310309 EXHIBIT A SPONSOR BENEFITS The 951h Annual Huntington Beach 41h of July Parade and Celebration consists of four primary events as follows: 1. Red, white and blue bash at the Waterfront Hilton 2. Parade Run 5K and EXPO 3. Main Street USA 951h Annual 41h of July Parade 4. Official Fireworks/Entertainment Show Sponsor shall receive the following benefits as Presenting Sponsor of the overall 95'h Annual Huntington Beach Parade event and Title Sponsor of the 1999 Huntington Beach Parade 5K Run. Art/Official Event Graphics Sponsor logo integrated into the official event graphics as Sponsor (logo or type) presents the 951h Annual Huntington Beach Parade. Possible opportunity for Sponsor to develop actual official event graphics with direction from the City of Huntington Beach Parade organization. City will integrate approved Sponsor logo within fourteen (14) days of receipt from Sponsor. 2. Advertising Sponsor integrated into official newspaper media partner advertising insertion schedule. Total column inches and circulation figures shall be provided by City. All advertising will be ongoing through the day of the Event. 3. Television Sponsor recognition in HBTV local cable pre -event television advertising spots promoting the Huntington Beach Parade event. Two hour parade special on the 4th of July on public television with national uplink. The estimated audience is approximately 5 million nationwide with satellite uplink. Negotiations with broadcast station are ongoing and anticipated to be completed by April 30, 1999. 4. Announcements Sponsor association with event used in announcements by designated event emcee's for each of the official parade events. 5. Banners Space and labor to suspend up to one hundred twenty (120) sponsor supplied banners with name and logo in various strategic venue locations for all official parade activities, including but not limited to the following: Parade float entry area 1 jmp:agree:1ommy:03i05i99 Exhibit A Red, white and blue bash at the Waterfront Hilton Parade Run snow fencing at start/finish Parade bleacher area Fireworks venue City will use best efforts to have all banners suspended by June 14, 1999, contingent upon receipt of the banners from Sponsor no later than May 15, 1999. 6. Official Race Entry Brochure Sponsor, NYRRC and Retail Partner name and logo featured in a minimum of 150,000 color race brochure programs including official entry form distributed throughout Southern California via retail outlets, heath/fitness clubs, participant residences, running clubs, and other road races. City will make best efforts to ensure timely distribution of the race entry brochures. Sponsor and Retail Partner special recognition detailed in the official entry brochure. City will make best efforts to integrate Sponsor's logo into race entry brochure, upon receipt of logo from Sponsor. 7. Distribution of materials Approved Sponsor company/product information or promotional items distributed to event participants and attendees at the various parade events. City will make best effort to distribute in a timely manner. 8. Official Host Hotel Sponsor is entitled to two (2) rooms at the Waterfront Hilton Hotel from July 2Id to July 4t", 1999. City will use best efforts to secure two (2) additional rooms for Sponsor at Sponsor's expense. 9. Exhibit Space Allotment of a minimum 10 x 10 foot exhibit space to display products/services at each parade event at Sponsor's expense. Event will provide one (1) canopy for these areas. Each additional booth will be $50.00/ each. 10. Exclusivity Sponsor shall be the exclusive fragrance, clothing and footwear category sponsor of the 951h Annual Huntington Beach Celebration. The City of Huntington Beach shall make best efforts to align exclusivity of other sponsor categories with Sponsor's Retail Partner. 11. Name Association Sponsor granted license to use event logo and name in association with sponsor's participation in the event. Sponsor incorporated as Presenting Sponsor of the 95t" Annual Huntington Beach Celebration and Title Sponsor of the Parade Run event in advertising and promotional materials. 2 jmp:agree:tommy:03:'05-99 Exhibit A 12. Event and Race T-Shirts Sponsor, NYRRC and retailer partner name and logo included on official race t-shirts for race staff, participants, and volunteers. Sponsor shall provide a minimum of five thousand (5,000) official T-shirts in the sizes as defined by City. 13. Race Entries Twenty complimentary race entries and T-shirts for Sponsor to enter participants of their choice in the event, eg. Sponsor Team. The names of the individual participants must be provided to City by June 15, 1999. 14. Red, white and blue bash hospitality Invitations . Twenty complimentary invitations (two tables) to the kick-off dinner dance, July 2nd 1999, at the Waterfront Hilton for sponsor to invite sponsor representatives. Names of confirmed guests to be provided to the parade organizing committee no later than June 15, 1999. 15. Size_cial Promotions Sponsor entitled to organize or develop special promotion in conjunction with event sponsorship. Special Sponsor run division - top finishers wearing Sponsor briefs win special prize. Sponsor will provide City with description of promotion no later than June 15, 1999. 16. Posters Sponsor, NYRRC and retailer partner logo included on a minimum of 2000 color posters to be distributed throughout Southern California. Posters to be jointly distributed by Sponsor and City no later than June 14, 1999. 17. Race Bib Numbers Sponsor name and logo included on participant racing bib numbers. 18. Direct Mail Parade Run - minimum 20,000 direct mailing of the official entry brochure to targeted frequent participants in roadrace and walking events in the Southern California market. An 8'/z x 11 two sided informational letter on Fourth of July letterhead incorporating Sponsor and Retail Partner Logo enclosed with City of Huntington Beach water bill to over 50,000 homes and businesses by May 1999. Quarter page, black and white description of the Fourth of July activities incorporating Sponsor and Retail Partner logos in the "Sands", Summer issue direct mailed to 48,000 in May. 1999. 3 jmp:agrce:tommy:03.!05 99 Exhibit A 19. Race Awards Ceremony Sponsor representative included in the official awards presentation to race winners. 20. Vendor Partnership Opportunities Sponsor vendors will be offered a twenty percent (20%) discount on exhibitor opportunities if affiliated with Sponsor. 21. Race Start/Finish Banners Sponsor logo included on official start and finish banners hung at the Huntington Beach Parade Run event. 22. Advance Promotion Banners Sponsor logo included on special banners hung no later than June 14, 1999, at the following four (4) of the following locations: Main Street and Pacific Coast Highway Main Street and Orange Huntington Beach Pier and Pacific Coast Highway Main Street at lake Park 23. Radio Promotion Sponsor recognized as Presenting Sponsor in the pre -event radio advertising promotion schedule. City will make best efforts to secure radio promotion for Sponsor and Retail Partner, including race packet pick-up date at the Retail Partner's location. 24. Parade Float Sponsor entitled to one complimentary float entry (maximum value of approximately $2000.00) and/or one convertible automobile in the VIP section of the Parade to have representation with Sponsor officials. 25. Merchandisina Sponsor opportunity to create a merchandising partnership relationship with the Huntington Beach Parade event. Perhaps integrate a promotion with a retail partner for sales of official parade souvenir items. 26. Website City will make best efforts to coordinate website development and appropriate website links through race organizer or NYRRC. 27. Press Releases Sponsor name association in all press releases generated for the 95t" Huntington Beach Parade event by the City of Huntington Beach Parade event Public Relations Committee. 4 jMP:agree:tommy:03:1Os'99 Exhibit A 28. City Tapestry Banners Sponsor logo included in pageant flagging program for the Parade event at up to 75 locations at major arterials within the City of Huntington Beach beginning June 1$t. 29. Official Parade Program Sponsor to have the following opportunities in the Official Parade Program: Cover with Sponsor logo integrated into official event logo; One-half page welcome ad as Presenting Sponsor; Double truck center spread. 30. Sponsorship for 2000 Fourth of July Celebration If the City shall elect to seek sponsorship for the 2000 Fourth of July celebration, then City will negotiate exclusively with Sponsor regarding the 2000 Event through September 15, 1999 and, if no agreement is reached by such date, City will be free to negotiate with another potential sponsor, but will notify Sponsor of the final offer from such other potential sponsor and Sponsor shall have ten (10) days from its receipt of such notice to better such other offer. 5 jmpmgree:tommy:03105M Exhibit A �q- L/-Zv-� ��� • • ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEINI APPROVED BY THE CITY COUNCIL/ REDEYELOPMENT AGENCY OF THE CITY OF Hi : "TL\GTON` BEACH DATE: _�/ Ll— Z /9II TO:ALk-)1'0kx RynneA-C1dZ . 1"d - ATTENTION: ffCt)Tl Na e e,157 9 aTr-e.e i DEPARTMENT: Stroe e&u)YpeR /UV MAP REGARDING: City, State, Zip See Attached Action Agenda Item E-/6 Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement RCA CC: ti Name Department Name Name Name Bonds / Deed _ J RCA Agreement Department RCA Ag7ee:nem Department - RCA Department RCA Risk Management Dept, Insurance Other Insurance Other Insurance Other Agreement Insurance Other Agreement Insurance Other Insurance Received by Name - Company Name - Date G: Fo1l owup/coN-c r1 tr (Telephone: 714.536.5227 ) • 4 .. ...:�.m:#:2 ATTACHMENT:. 0 r� u 0