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HomeMy WebLinkAboutSTREET MEDIA HOLDINGS LLC - CONTRACT - AGREEMENT MISC - STREET MEDIA HOLDINGS LLC Parks and Recreation 215 North Mason Street Third Floor PO Box 580 Fort Collins, CO 80522 970.221.6655 970.221.6586 - fax fcgov.com/recreation CITY OF FORT COLLINS THE LINCOLN CENTER SPONSORSHIP AGREEMENT SHOWSTOPPER This Sponsorship Agreement (“Agreement”) is made and entered into as of September 1, 2021 by and between THE CITY OF FORT COLLINS, a Colorado municipal corporation (“City”), whose principle address is 300 LaPorte Avenue, Fort Collins, Colorado, 80521, for the benefit of the City’s Cultural Services department (“The Lincoln Center”), and STREET MEDIA HOLDINGS, LLC, a Colorado Limited Liability Company, whose principal address is 161 E Saturn Dr, Fort Collins, CO 80525 (“Sponsor”). IN CONSIDERATION of the terms and conditions contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Term of Agreement. This Agreement will be effective as of September 1, 2021 and shall remain in effect until August 31, 2022. 2. SPONSOR Contributions. SPONSOR will provide the City with the following: (a) $5,724 in in-kind underwriting from September 1, 2021 to August 31, 2022; (b) Digital logo in .eps or .pdf format sent to abaumgartner@fcgov.com; and (c) $5,700 of paid media for City. 3. City Contributions. In exchange for the SPONSOR’S CONTRIBUTIONS, the City will provide THE SPONSOR with the following (“Sponsor Benefits”): (a) Category exclusivity as public radio sponsor; (b) Crowd welcomes before each Showstopper show (pending artist permission); (c) 2 pairs of tickets (4 total) for the following Showstopper show: Cats; (d) 2 pairs of tickets (4 total) for the following Showstopper show: Waitress; (e) Logo recognition as Showstopper sponsors in Spring brochure (108,000+ distribution); (f) Logo recognition and website link on all shows on LCTix.com; (g) Logo recognition in Showstopper series; (h) Logo recognition on all 24” X 36” posters in Lincoln Center lobby, Wilbur’s Total Beverage, Edora Pool and Ice Center, Fort Collins Senior Center, Mulberry Pool and 3 Fort Collins Youth Clinic locations (provided Youth Clinic renews sponsorship); (i) Logo recognition Dazbog table tent cards in 4 locations; (j) Logo recognition on all 11” X 17” posters distributed regionally on a per show basis; and (k) $5,700 for paid media to Street Media Group. 4. Sponsor Marks. Sponsor hereby grants the City the limited, royalty free, non-exclusive, revocable right to use Sponsor’s logos in connection with the events contemplated hereunder. Sponsor’s logos shall remain the exclusive property of Sponsor, and any and all rights therein will inure to the benefit of and be the exclusive property of Sponsor. The City will at all times use Sponsor’s logos solely for the purpose described in this Agreement, or as may be further approved by Sponsor in writing from time to time. DocuSign Envelope ID: B10E3116-5E93-4F00-BF3B-2F291F32BACD 5. Future Sponsorships. The City agrees to offer Sponsor a right of first refusal for the opportunity to sponsor the 2022-2023 Lincoln Center season and should the Sponsor elect to exercise that right, the sponsorship and fee shall be agreed upon and paid prior to August 1, 2022. This Section 5 shall survive termination of the Agreement, except a termination by the City for an uncured default by Sponsor. 6. Default and Termination. If either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. If a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. 7. Liability. Each party is responsible for its own negligence and that of its officers, employees, and agents. Nothing in this Agreement is intended as a waiver of the provisions of the Colorado Governmental Immunity Act, C.R.S. Sec. 24-10-101 et seq. 8. Obligations Subject to Appropriation. The City’s obligations in subsequent fiscal years are subject to annual appropriation of funds sufficient and intended for such purpose by the Fort Collins City Council in its sole discretion. 9. Additional Provisions. This Agreement represents the complete understanding between the parties, and shall be binding upon the parties, their officers, employees, agents, assigns and successors in interest. This Agreement may not be amended except in a writing signed by both parties, and may not be assigned without the prior written consent of the other party. The persons executing this Agreement certify that they have authority to bind their respective entities to the terms of this Agreement. The laws of the state of Colorado will govern the interpretation and enforcement of this Agreement and venue for any disputes arising out of this Agreement shall be had in the state of Colorado. In carrying out their obligations under this Agreement, the parties will comply with all applicable provisions of federal, state, and local laws, rules and regulations. No relationship of employer/employee, partnership, joint venture, or agency is created by this Agreement. Neither party will be liable to the other for any delay or default in performance of this Agreement that is caused by conditions beyond the reasonable control of the party whose performance is affected, including but not limited to acts of God, wars, strikes, acts of terrorism, or similar unforeseen circumstances. DocuSign Envelope ID: B10E3116-5E93-4F00-BF3B-2F291F32BACD SPONSOR: STREET MEDIA GROUP By: _________________________________ Audrey Labrecque, Account Executive Date: ________________________ THE CITY OF FORT COLLINS a Colorado municipal corporation By: ___________________________________ APPROVED AS TO FORM: Gerry Paul, Purchasing Director __________________________ Date: ______________________________ Assistant City Attorney __________________________ (Print name) DocuSign Envelope ID: B10E3116-5E93-4F00-BF3B-2F291F32BACD 9/3/2021 Ted Hewitt 9/3/2021