HomeMy WebLinkAboutGrant Agreement - Crispin Porter & Bogusky LLC - Grant from Dominos for Patching City Potholes1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SMITH BEND. INDIANA 46601-1830
CITY OF PETE BUTTIGIEG, MAY
BOARD OF PUBLIC WORKS I
December 20, 2018
Morgan Burrows
Crispin Porter & Bogusky LLC
6450 Gun Park Drive
Boulder, CO 80301
RE: Grant Agreement
Dear Ms. Burrows:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on December 20, 2018, approved the above
referenced grant from Domino's Pizza for patching City potholes in the amount of $5,000.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK TAMES A. MUELLER THERESE J. DGRAU
DOMINO'S "PAVING FOR PIZZA" AGREEMENT
Domino's would like to engage with the City of South Bend, Indiana, by and through it Board of
Public Works, (the "City") to improve road conditions by providing funds to fill potholes in accordance
with the terms of this Domino's "Paving for Pizza" Agreement ( the "Agreement"). Accordingly, the City
and Crispin Porter & Bogusky LLC ("CPB"), 6450 GunPark Drive, Boulder, CO, 80301, as agent for
Domino's Pizza LLC. ("Domino's"), agree as follows:
Funds: Domino's will provide to City funds in the amount of $5,000 (the "Funds"), payable 1/31/18
provided that this Agreement has been fully executed by City and Domino's and further provided that
City is in compliance with this Agreement.
Use of Funds: City agrees to use the Funds solely for the purpose of filling potholes in the City. City
agrees that the potholes will be filled no later than December 31, 2019. City will provide CPB with the
total number of potholes that will be filled using the Funds.
Material's Usage: City agrees to film or photograph at least two (2) of the potholes before and after
they are filled and provide the film/photographs (collectively, the "Images") to CPB for Domino's use.
City agrees that Domino's may use the Images, may identify the City as an "official partner" of the
Paving for Pizza Program and may indicate that Domino's provided the City with Funds to fill potholes in
the City, in any and all media and materials, anywhere in the world, for any lawful purpose, including
without limitation for purposes of advertising and trade, in perpetuity, in connection with Domino's
"Paving for Pizza" campaign.
Messagin Domino's agrees that messaging or other materials that reference the City and potholes
and/or the Paving for Pizza Program (collectively, the "Materials"): (a) will not portray the City in a
negative light, nor will the Materials suggest that the City has difficulty filling potholes or has an
excessive number of potholes; and (b) will comply with brand protection or compliance guidelines
provided by the City to CPB. Accordingly, Agency will provide the Materials to the City for its review so
that the City may confirm that the Materials comply with this "Messaging" provision. City agrees that
the City will respond to any Agency request for review of Materials within ten (10) business days of
receipt of the applicable Materials. If the City believes that any Materials do not comply with this
"Messaging" provision, the City agrees to explain its reasons for this belief in writing and with specificity,.
If the City does not respond withint ten(10) business days of Agency'es request for review, the
applicable Materials will be deemed in compliaince with this "Messaging" provision.
Representations and Warranties: The signatories to this Agreement represent and warrant that the
signatories have the right, power and authority to enter into and bind the respective parties to the
terms of this Agreement.
Use of Domino's Came and Trademark: City agrees that City shall not use Domino's name or trademark
in any public -facing materials unless City obtains Domino's written approval in each instance.
Release: City agrees that City shall have no claim to compensation or benefits (other than as specifically
set forth herein) nor any claim arising out of or in connection with this Agreement, including without
limitation, any claim in connection with City's use of the Funds, the filling of the potholes, or the use of
the Images and City's name.
Controlling Larne: This Agreement is governed by the law of the State of Indiana, and any venue for any
action related to this Agreement shall be in the St. Joseph County, Indiana
Conti e�nc : City understands and agrees that until this Agreement has been fully executed by both
parties, CPB/Domino's shall have the right, but not the obligation, to terminate this Agreement, and in
such event the terms of this Agreement shall be deemed null and void and of no force or effect and
neither party shall have any obligation to the other party.
Confidentiality: The parties understand and agree that the City, as a governmental entity, is subject to
the Indiana Access to Public Records Act (I.C. 5-14-3-1 et,seq.).
ACCEPTED AND AGREED:
CITY OF SOUTH BEND, INDIANA CRISPIN PORTER & BOGUSKY LLC.,
BOARD OF PUBLIC WO S as agent for Domino's Pizza LLC.
w.
Gary A. ilot, President
- TZI ZL�By..
Su—z yFri r. Member
Title:
Membec,..,Z'4 44T ere,�vA��1
Date:
rese J. D6rau, Member
Elizabeth A. Maradik, Member
ATTEST, �� ..��
'Linda M. Martin, Clerk
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
12/18/18
Jitin Kain
Department PW
BPW Date 12/20/18 Phone Extension 5835
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Required Prior to Submittal to Board
Legal Attorney Name Clara McDaniels
Controller review is required for all Contracts $5,000.00 or more
Controller and greater than one year in length per the City Purchasing
Policy
Purchasing EJ
Checkmthe A
Agreement
❑ Professional Services
Bid Opening
El Quote Opening
F] Chg Order No.
❑ Ease./Encroach.
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
T riate Item Type —
[1 Contract
El Amendment
El Bid Award
El Quote Award
El C/O &PCANo.
_
El Traffic Control
for All Submissions
Proposal
Req. to Advertise
PCA
[J Resolution
n Claim
Required Information
Crispin Porter & Bo u�sk r LLC
Addendum
❑ Title Sheet
LJ Yes LJ If Yes, Approved by Purchasing
No
❑ MBE Completed E-Verify Form Attached El Yes
❑ WBE ❑ No
Domino's Paving for Pizza
$5,000
Grant acireement _ __ _
Domino's Pizza has awarded the Cityof South Be n d —ag rant in
the amount of $ 5,000 to use towards raatchina Wholes in the
city.
For Change Orders +91
Amount of Increase $
Decrease $
Previous Amount $
Current Percent of Change: %
New Amount $
..w �.�....___-
Total Percent of Change: %
_._.........
Time Extension:
Dispersal Afi6i" Approval
Copy Original
❑ ® Crispin Porter & Bugusky
® �I Lind.a....M.a.�.i.n ................_�.............
Jitin Kain