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HomeMy WebLinkAboutLIGHTWORKS PRODUCTIONS ROBERT VISOCKY - CONTRACT - RFP - P1013 EPIC SIGNSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Robert (Bob) Visocky, doing business as Lightworks Productions, LLC, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 1, 2006, and shall continue in full force and effect until May 31, 2007, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver -Boulder -Greeley CPI-U as published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of 07/24/98 EXHIBIT C SERVICE PROVIDER COMPENSATION PLAN A. Service Provider will be expected to generate a minimum of $40,000 in annual gross advertising revenue as a contract requirement. Advertising Customers shall bear all costs for production of the advertisement; as well as all costs for repair, maintenance or replacement of damaged ad panels. Service Provider shall bear all costs for operating the advertising program. Upon close of the Advertising Sale, Service Provider will obtain two checks from the Advertising Customer; one to cover the Advertising Rate for Year 1, one to cover the cost of the signage. B. The City will pay the Service Provider a Sales Commission for Advertising Sales based on the Ad Rate (see Exhibit B — Edora Pool Ice Center Advertising Rates) developed by the City and the Service Provider, according to the following formula. The City shall compensate the Service Provider for his commission percentage on a monthly basis or on a schedule as mutually agreed upon by both parties and reasonable within the guidelines of the City Finance Department.: 1. Sales commission for a one-year agreement shall be 25% of the one-year Ad Rate (i.e., $250 for a $1,000 one-year ad). 2. Sales commission for a multi -year agreement shall be 25% of the yearly Ad Rate paid each Year; Service Provider's commission is to be paid whenever the Advertising Customer pays the yearly Ad Fee to the City (see A, above). : a. If the entire Ad payment is made in Year 1, 25% commission of the entire payment amount will be made to Service Provider in Year 1. No commission would be paid to Service Provider after the Year 1 payment. b. If Ad payment is spread out over a multi -year term, the corresponding 25% commission payments to Service Provider will likewise be spread out over a corresponding multi -year term. c. If Service Provider should default on the Services Agreement, should the City opt for Early Termination, or should either party elect not to renew the Services Agreement at the annual Renewal Period; Service Provider would forego any claim for payment of commissions yet unpaid by the City. 3. Sales commission for Advertising Customers electing to purchase more than one Ad Space will be compensated the same as in #1 and #2, above. 4. The City reserves the right to negotiate additional compensation plans with Service Provider in the event that advertising opportunities in addition to those outlined in EXHIBIT A — SCOPE OF WORK Section L. 1-7 arise during the course of this Services Agreement. 5. For multi -year agreements, the total dollar amount of the sale will be spread evenly over the number of years' term of the agreement, in order to determine progress toward the $40,000 annual sales goal (i.e., a five year sale for $5,000 total would be credited as $1,000/year toward the annual $40,000 sales goal). I TO rt IL EPIC East Home I , Visitors M x 9 10 11 15 14 15 16 IT 19 19 20 21 22 28 2Q 5 32 34 Se. ating for 2 G, 0 Home lh5itors 10 11 12 13 14 151 16 1li 18 19 1211 11.123124125 126 #16, 1,., 19 e7 20 21, 2x 7 lip tu Iff vack, 29 30 5 - 0 BLUE RINK- 0 31 1 4 3 2 3 13 2 1 34 ;---.eatircfc,r 1.100 PlI pariels rrip-astu-p- IvIatenal Specifications Entnnc- hinch p-317,arborilte slueld h x ', 2 " L Logo of Vinyl material covered by a J Mft EPIC ,mod Layout 2.5'x5' 2.5'x 10' 2.5'x5' 2.5'x5' SCOREBOARD 2.5'x5' 2.5' x 5' 2.5' x 5' 2.5' x 5' 2.5' x 10' 5' x 8 - Panels @ 2.5 feet high by 5 feet wide 2 - Panels @ 2.5 feet high by 10 feet wide 11111c Mini, Scorcimard U Vancl. Rini,i 18" x 16' SCOREBOARD 18" x 16' 2 - Panels @ 18 inches high by 16 feet wide ( viewable size 14 3/4 inches high by 15 feet 9 inches wide) Clear front Advertising window 24" x 54" 20 Panels available for advertising Scoreboard 10 9 Feet Advertising Space - 2 panels each 9' x 13.5" 27 inches No Text A B C I D I E I F G 2 3 -- Dasherboards _ Blue P/anA --- Total for 3-vrs $72,000.00 $21,600.00 ora Pool ce enter Total for 1-yr $54 00.00 30 boards $7,200.00 4 boards Advertising Rates - —_ - 3-yr Per Yer _ $800/ r $1500/y0251mo 1-yr - Per 0/yr Year $100 $1800/yr/150/mo 4 5 6 7 Green $61,200.00 $1542800.000 5 year $50,000.00 $32,640.00 34 boards $93,840.00 3 ear 1 $60,000.00 N/A 600/yr/50/mo $960/yr/80/mo Per Year 10,000/yr 8 9 10 11 _Per Year 5000/yr _ Scoreboards 2-sponsors Blue 12 _ N_/A 1200/yr/100/mo_ * 2400/yr/200/mo_ 2400r/200/mo # 3600/yr/300/mo /y � 2,000/yr/250/mo — - - $2,000/yr/side $1500/yr/side — - - ---- — � *smaller panels #large panels — -_ —250/yr-- _�- 13 14 __ /n-Ice Zamboni- one -side double -sided - Green $33,0 00 00 $33,000.00 � $83,000.00 $93,000.00 5-Yearon/y--t 3-Year 5-Year _ $24,000 $30,000 00 f —_� -- � — _ T — -- -_ _ - -� $750/ r $1000/yr 15 16 17 19 20 21 22 23 24 25 26 27 Seed skating Mats p g 29 Pool Scoreboard Jean Helburg, Project Manager James O'Neill, Director of Purchasing & Risk Management City of Fort Collins 215 North Mason Street, 2°d Floor Fort Collins, CO 80522 Dear Ms. Helburg and Mr. O'Neill; I am excited to turn in this RFP regarding the sale of dasher boards, scoreboards and peripheral materials at EPIC. I believe that my background and knowledge of the area will be a nice fit in making this a success for EPIC, the City of Fort Collins and myself. I have been a resident of Fort Collins for the past 20 years, and through my experience in sales and marketing as well as involvement in several non -profits; feel I have the ability to fulfill the needs of the city regarding sales of advertising at EPIC. When I came here in March of 1986, the EPIC was under construction. With two hockey players and an avid figure skater in the family, EPIC was on the top of our list for the family. When it opened, I was able to secure the purchase of the scoreboard in the rink, partnering Hardee's and Coca Cola to cover the $15,000 cost. Obviously, having been involved with EPIC for the past 20 years, I am very familiar with the goals and mission of the Fort Collins Recreation Division and the functions associated with EPIC. I have worked with the Fort Collins Symphony Guild on the Cranberry Pops program ad sales in 2005, selling over $16,500 in less than 2 months, covering the loss of their major donor ($5,000) by securing several new advertisers. I also established three major golf tournaments in the area, "The Just For Ladies" Children's Hospital Golf Tournament, and the Kristi Visocky Memorial Golf Tournament. As you know, the Kristi Visocky tournament was the largest in northern Colorado last year, and we anticipate it being even bigger this year. In addition, I have co -produced the Denver Boat show with Gary Krahn since 1999, and have also produced 4 home shows at The Ranch since 2003. These shows require selling sponsorships, booth and bulk space as well as marketing and advertising the shows. All have been huge successes. I wish to thank you for taking the time to consider my RFP. I believe that I have a good working relationship with all parties involved and can do the job for you. Thank you, Robert "Bob" Visocky Robert "Bob" Visocky Projects 1986: Got Hardee's and Coca Cola to contribute $15,000 to EPIC for the scoreboard. 1995: Hosted the National Club Championship Hockey Tournament at EPIC. Secured sponsorships, hosted welcome party for visiting teams, got area restaurants involved. Was a huge success for both EPIC and the city in terms of financial support. 2003 — present: Producer of the Northern Colorado Home/Garden Show. Held in January of each year, with over 100 vendors and 200 booth spaces sold each show, attracting over 4,000 visitors over the 3-day run. Requires sales, marketing and layout skills. 2005: Sold ads for the Fort Collins Symphony Guild Cranberry Pops program. They came to me in September and asked if I could help them with the sales end of the event. They had lost their major sponsor ($5,000) and several $1,000 sponsors due to the economy and closure of several high-tech businesses that had been involved with them in the past. With my contacts, I was able to secure a major sponsor ($5,000) and match what they had done in the previous year ($16.500). 2003 — present: Kristi Visocky Memorial Golf Tournament. In our first three years, we have raised $60,000, with the proceeds used to provide scholarships for area women. We anticipate hitting $40,000 this year. I have secured sponsors, sold packages for the party and the golf tournament, and have gotten restaurants to participate for the party. 2006: Sold advertising and sponsorships for LightWorks productions. This included sponsors for the speaker series "Evenings with Extraordinary People" at the Lincoln Center and ad sales in the program. ROBERT A VISOCKY 2724 Maroon Court Fort Collins, CO 80525 (97o) 377-0591 (97o) 219-3297 E-mail: BVisocky(aaol.com OBJECTIVE: Marketing KEYWORDS / STRENGTHS: => Sales; Project Planning, Organization and Management, Integrated and Values -based Marketing, Media/Public Relations, Media Sales, Oversight of Public Relations, Promotion Development & Sponsorship, Excellent Verbal & Writing Proficiency, Presentation Delivery, Prioritize & Handle Multiple Tasks, Integrated Team Development, Budgets/Expenditures Preparation and Monitoring, Communication & Inter -Personal Skills, Negotiation Skills; Fundraising. RELATED EXPERIENCE: Project Planning & Monitoring Proven abilities in managing multiple high -priority projects, with an excellent record for consistently meeting established objectives, deadlines, quality standards and budget guidelines. Background in Senior Management team participation. Skilled in organizing and directing diverse groups, preparing and presenting proposals, troubleshooting tough issues, and maintaining a focus on long-term goals. Marketing Expertise • Possess 20+ years experience in marketing activities with specialized expertise in marketing and promotions. Example: Began the Northern Colorado Home & Garden Show, selling booth space to vendors, finding sponsors for the annual show, organizing, marketing and overseeing the three-day annual event. Increased number of participants and profits every year. Special Event/Fundraising Development & Implementation • Expertise in developing strong public relations/promotions events. Example: Conceived and organized the annual Kristi Visocky Memorial Golf Tournament, the largest in northern Colorado. In three years, generated over $60,000 for scholarships for area young women, and assistance to programs for youth with alcohol and drug problems. Continued, next page»»»»»»> termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Mike McDonnell, Recreation Fac/Svcs Administrator City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Service Provider: Bob Visocky Lightworks Productions,LLC 2724 Maroon Court Fort Collins, CO 80525 07/24/98 2 Copy to: Ed Bonnette, Buyer City of Fort Collins P.O. Box 580 Fort Collins,CO 80522 ROBERT A VISOCKY Resume, Page 2 (970) 377-0591 E-mail: BVisocky@aol.com WORK IIISTORY: VP Sales & Marketing, LightWorks Productions, 2005 to present Responsibilities include program ad sales, sponsorships for various speakers and events. First year gross sales were $125,000. Projected sales for the 2006 series is $200,000. Regional Marketing Director, Johnny Carino's, 1999-2002, 2003 -2005 Directed marketing efforts for a group of 10 regional Italian restaurants, reaching a market of approximately 2.5 million, and resulting in sales of $40 million annually. Responsible for advertising budgets and monitoring expenditures. Develop and oversee special promotions/events, advertising, media selection, public relations and corporate sales. Owner, AutoSell, 1996 — 2003 Created and implemented a computer program that serviced the auto industry. Sales Manager, Great Western Productions, 1999 — 2003, 2005 - present Responsible for corporate sales for various trade show events, including the Denver Boat Show, Northern Colorado Home & Garden Show, Wichita Boat Show and the Little Rock Home & Garden Show, Larimer County Food Bank events, Fort Collins Symphony events. Chrysler Customer One Manager, Foothills Auto Plaza, 1993 —1996 Served as liaison between service, sales and finance departments and customers. Established training and certification program for sales staff; raised CSI score from mid 70's to 96% satisfaction rate in less than one year. Possess additional experience in Sales, Business Management, and Events Coordination. Details provided on request. EDUCATION: Northland College, Ashland, WI, BS Business Administration University of Wisconsin, Milwaukee (post -graduate studies) COMMITTEE / VOLUNTEER INVOLVEMENT Past President / Board of Directors, Northern Colorado Youth Hockey Special Event Chairman, CSU Club Hockey team Robert Visocky References Gary Krahn, Great Western Productions 7832 Beamreach Place Fort Collins, CO 80524 E-mail: GWP80527Laol.com Phone:970-218-5645 Jody Needy, Fort Collins Symphony Guild 4615 Chokecherry Trail Fort Collins, CO 80526 E-Mail: jneedyfro�;(aaol.com Phone:970-267-0986 Donna Visocky, LightWorks Productions 2724 Maroon Ct Fort Collins, CO 80525 E-mail: Dvisockvl69Omsn.com 970-443-0732 Wendie Robinson, Neighbor2Neighbor 424 Pine Fort Collins, CO 80524 E-mail: ATobinson(an2n.org Phone:970-484-7498 E. PLEASE INCLUDE YOUR RESPONSES TO THE FOLLOWING: TYPE OF BUSINESS: Corp.-z Individual_ Partnership,.,_ NAME OF BUSINESS: .//j&,qrh02>,&C5 &j6ucr/04)5, ADDRESS: a7aY AfAv&) (1T CITY/STATE r T ZIP CODE �8S'Lb CONTACT PERSON - D2 (100c x / PHONE 9r0 -3»' 0""/ MOBILE 970-,-19- 32-97 EMAIL ADDRESS 9 V SKY CI /4'DL - COW WHAT OTHER NAME(S) HAS YOUR FIRM OPERATED UNDER: HAVE YOUR 0?5 YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? YES_ NOIF YES, EXPLAIN: HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN PART OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A CONTRACT WITHIN THE LAST FIVE YEARS? YES, NO $ IF YES, EXPLAIN: ARE YOU PRESENTLY OR IN THE PAST SEVEN YEARS BEEN A PARTY TO ANY LITIGATION WITH AN OWNER OR OTHER GOVERNMENT AGENCY? YES— NOX IF YES, EXPLAIN: HAS YOUR FIRM OR ANY PARTNERS OIL OFFICERS EVER BEEN INVOLVED IN ANY BANKRUPTCY ACTION? YES NQ_& IF YES, EXPLAIN: F. COMPENSATION SUBMITTAL: IF CONTRACTOR IS NOT INCLUDING SIGN -MAKING PRODUCTION IN THIS PROPOSAL, PLEASE COMPLETE ONLY SECTION 1 BELOW. 1. PERCENT OF GROSS SALES PER ADVERTISEMENT TO BE PAID TO CONTRACTOR: Single Advertisin Panel: One-year: a? B Multiple -year: First year: lS /0 Additional years: 60o c3 U oA /0416 0*4 Ap /0 % r z07' Multiple Advertising Pancla r same advertiser: One-year: Multiple -year: First year: 44&,w�• o et.. fie..► c �.�.�✓ Additional years: IF CONTRACTOR HAS THE CAPABILITY TO PROVIDE SIGNMAKING SERVICES TO ADVERTISERS ON A TURN -KEY BASIS AS PART OF THEIR PROPOSAL; PLEASE INCLUDE YOUR PROPOSAL FOR THAT HERE AS AN ADDITIONAL OPTION FOR THE CITY'S CONSIDERATION: 2. PERCENT OF GROSS SALES PER ADVERTISEMENT TO BE PAID TO CONTRACTOR: Single Advertising Panel: One-year: Multiple -year: First year: Additional years: Multiple Advertising Panels for same advertiser: One-year: Multiple -year: First year: Additional years: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, in accordance with Exhibit C Service Provider Compensation Plan, consisting of two (2) pages, attached hereto and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative(s) who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative(s). 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 07/24/98 3 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use. C. Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected good shall be replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 07/24/98 4 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. 07/24/98 5 CITY OF FORT COLLINS, COLORADO a municipal corporation By. E, Jams edl II, CPPO, FNIGP Dire of Purchasing and Risk Management Date:? Robert (Bob) Visocky Doing b s Ligjitworks Productions, LLC By: rraFP,ryH.�aLfr !�%�K�t'Pri•e/(� CORPORATE PRESIDENT OR VICE PRESIDENT Date: 6 b & 07/24/98 EXHIBIT A SCOPE OF WORK A. Service Provider shall solicit and sell annual or multi -year advertising for areas identified in the Edora Pool Ice Center Advertising Policy (Attached) and as outlined in this Services Agreement. Service Provider shall be. required to make a good faith effort to sell appropriate advertising, in accordance with the Edora Pool Ice Center Advertising Policy. B. Advertising rates will be established mutually between the City and the Service Provider, and will be reviewed annually for possible adjustment. All advertising shall be sold at agreed -upon rates, to be set forth in a Rate Sheet (see Exhibit B) that will become part of the Services Agreement; unless the City grants to Service Provider express written permission to deviate from such rates. C. Service Provider will be expected to generate a minimum of $40,000 in annual gross advertising revenue as a contract requirement. Advertising Customers shall bear all costs for production of the advertisement; as well as all costs for repair, maintenance or replacement of damaged ad panels. Service Provider shall bear all costs for operating the advertising program. D. Service Provider shall obtain written intent (letter of agreement provided by the City) from the advertiser to advertise, and submit that to the City representative, along with a proof of the proposed advertising and specific location(s) inside the EPIC facility. E. Service Provider shall inform the advertiser of the process for payment as well as the additional cost and process for production of the advertisement. F. Service Provider shall keep updated and accurate records of all sales calls made, including unsuccessful contacts. Service Provider shall provide a copy of these records on a monthly basis to the City in an effort to keep the City notified of advertiser payment dates, amounts, and advertising timeframes. Service Provider's books and records will be subject to inspection and audit, upon request from the City. G. The City reserves the right to free use of ad space. The City would bear the additional cost and process for production of the advertisement located in that space. H Service Provider shall strictly observe and conform to all applicable federal, state, and local laws, regulations, and orders that have been or may hereafter be established. I. Service Provider shall pay for any and all space used by Service Provider for any advertising purpose, and any such use must conform to all other requirements of this Services Agreement. J. The City reserves the right to reclaim any Ad Space should the Advertising Customer go out of business during the term of their Ad Contract. Any reclaimed Ad Spaces will go back into the City's inventory; available for resale to subsequent Advertising Customers. K. The parties acknowledge that the City's objectives for the advertising program to be carried out through the performance of this Services Agreement are to generate revenue for the City through the placement of advertising in a City -owned recreational facility; to maintain a neutral position on political, religious, and ideological matters; and to limit advertising to family -oriented products and services appropriate for citizens of all ages. Because the City's sale of advertising space is for the purpose of raising revenue, and not for the purpose of establishing a forum for public speech, the City reserves to itself the sole and final authority as to whether proposed advertising is consistent with these objectives. All advertising in place during the term of this Services Agreement shall comply with this provision. Advertising that is determined by the City to be inconsistent with these objectives shall be removed immediately upon receipt of a written request for such removal by the Service Provider. L. Advertising will be limited to the following areas (also see enclosed diagrams): 1. Panels located on the dump tanks of both ice resurfacers 2. Designated sections of dasher board panels in both ice arenas 3. Advertising panels attached to the scoreboards in both ice arenas and the pool (see enclosed pictures): a) EPIC Pool Scoreboard (Layout and Picture of Scoreboard enclosed) b) EPIC Rink Scoreboards (ad layout enclosed) c) EPIC Rink Dasher Boards (ad layout enclosed) 4. Marquee and kiosk space in areas designated by facility staff 5. Lobby and hockey benches 6. Banners or flags located in areas designated by facility staff 7. Designated sections of speed skating mats 8. Other areas at the discretion of facility and/or City staff M. Advertising must comply with the following policy (Revised by City Council 411 /03): ADVERTISING POLICY — EDORA POOL ICE CENTER Purpose: This policy establishes guidelines for regulating advertising within the pool/ice arena facility known at EPIC. The facility staff may, when financially desirable, actively market and promote the sale of advertising space to generate revenue. Statement of Policy: 1. Advertising at EPIC may not include or constitute the following: a) advertising that primarily conveys a political, religious, ideological or other non- commercial message; b) advertising of alcohol or tobacco products or other products or services available only to adults by law; c) advertising that promotes illegal activities or transactions, that is misleading or deceptive, or constitutes a public nuisance; d) advertising of any product or service primarily related to sexual or violent activities, or advertising of any product or service in a manner that is sexually suggestive, that displays or suggests violence, or is inappropriate for minors. 2. The City reserves the right to view any advertisement prior to its posting, and to reject, in the City's sole discretion, advertising that does not comply with the above guidelines. 3. Advertising rates will be established by staff and/or through the City's competitive bidding process. 4. Advertising will be limited to the following areas: • Panels located on the dump tanks of both ice resurfacers. • Designated sections of dasher board panels located on the east side of both ice arenas. • Advertising panels attached to the scoreboards in all three venues. • Marquee and portable kiosk space in areas designated by facility staff. • Lobby and hockey benches. • Banners or flags located in areas designated by facility staff. 5. Individual advertisers will be responsible for providing the advertising materials and any costs associated with the advertising materials and their display. 6. The length of the advertising contracts will vary based on location and type of event. 7. Annual advertising contracts for certain spaces will be offered through a competitive bidding process. Seasonal or event advertising for other spaces will be offered on a first -come, first -serve basis through the Facility Manager. 8. Advertisements do not reflect the views or recommendations of the City of Fort Collins, the Parks and Recreation Department, or its employees.