HomeMy WebLinkAboutAgreement - University of ND Du Lac - VPA Services for 40th US Senior Open Championship1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOI ITH BEND- 1NDIANA 46601-1 930
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
i1A'1 OF PUBLIC WORKS
May 28, 2019
Jeff Jarnecke
Venues, Parks and Arts - City of South Bend
RE: University of Notre Dame Du Lac - Agreement
To Whom it May Concern:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on May 28, 2019, approved the above
referenced agreement for Venues, Parks and Arts to provide service, equipment, and
advertising in exchange for advertising, tickets, and benefits from the 401h United States
Senior Open Championship.
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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
40TH UNITED STATES SENIOR OPEN
CONTRACT— VENUES PARKS AND ARTS
PACKAGE
Custom Trade Package —
(See enclosed Schedule of Benefits)
TOTAL INVESTMENT:
TOTAL
FULL TRADE
4 4
WARREN COURSE
40TH
FULL TRADE
COMPANY NAME:
(Print name exactly as it should appear in Championship Program and on signage applications.)
CORPORATE Q , .� NTACT: TITLE:__.........................m �
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MAILING ADDRESS:
STATE: ZIP:
FAX:
MOBILE PHONE:
THIS IS A LEGAL, BINDING CONTRACT. I HAVE READ AND UNDERSTAND THE TERMS OF THIS CONTRACT ON THE REVERSE SIDE OF THIS
PAGE AND ALL ATTACHED SCHEDULES, WHICH ARE PART OF THIS CONTRACT. I FURTHER UNDERSTAND THAT I WILL BE INVOICED
ACCORDINGLY UPON ACCEPTANCE OF THIS AGREEMENT. PAYMENT SHALL BE MADE ACCORDING TO THE PAYMENT SCHEDULE WHETHER
SUPPORTER RECEIVES AN INVOICE OR NOT.
THIS CONTRACT CONTAINS A BINDING ARTe e V1 tT0fjj f SION, WHICH MAY BE ENFORCED BY THE PARTIES.
lioacd of Puhlic Worj&
FULL CORPORATE NAME
CLIENT AUTHORIZED SIGNATURE
BY:
(PRINT NAME AND TITLE)
y P DATE
AUTHORIZED BY HOST UNIVERSITY OF NOTRE DAME DU LAC
BY:
(PRINT NAME AND TITLE)
CHAMPIONSHIP DATES: JUNE 24 - 30, 2019
DATE, —
1
40TH UNITED STATES SENIOR OPEN
CONTRACT- VENUES PARKS AND ARTS
See Terms and Conditions beginning on page 2 of this Contract and exhibit A
CouAMspiONS riffs DAS!5 JUNE 24 - 30, 2019
40TH UNITED STATES SENIOR OPEN
CONTRACT— VENUES PARKS AND ARTS
TERMS AND CONDITIONS
THIS AGREEMENT ("Agreement") is made and entered between the University of Notre Dame Du Lac, host of the 2019 Senior Open Championship
(the "Host"), and the person or entity named on the reverse of this Agreement (the "Supporter") (individually a "Party" and, together, the
"Parties").
1. Term. The term of this Agreement (the "Term") shall commence on the Acceptance Date set forth on the reverse of this Agreement next to the
Host representative's signature and shall continue, unless earlier termination as provided for herein, through the Tuesday immediatelyfollowing
the 2019 U.S. SENIOR OPEN (the "Event"), unless otherwise stated.
2. Ppyrrrent. Supporter will be invoiced in accordance with the payment terms described on page one of this agreement and the attached Payment
Schedule, which is incorporated herein by reference. Supporter shall be responsible to pay any and all sales or other similar taxes to the extent
applicable.
3. Benefits Subscribed, Supporter is investing in one or more Event benefits as indicated on the first page of this Agreement, subject to the terms
and conditions of the "Schedule of Benefits" attached hereto, which is incorporated herein by reference. The Host will use reasonable efforts
so that Event benefits will be in accordance with those customarily provided at similar events sponsored by the United States Golf Association.
4. pefautlt ercn'Lroation. In addition to all other rights and remedies available at law or in equity, either Party hereto shall be entitled to terminate
this Agreement by giving written notice to the other Party hereto if the other Party hereto shall have failed, within fifteen (15) calendar days for
payment failures and ninety (90) calendar days for all other failures after receiving written notice of the same, to remedy any material default
or breach by it of any provision of this Agreement or any warranty or representation made by it hereunder. All rights, remedies, and powers
conferred upon the Parties under this Agreement shall be deemed cumulative and not exclusive of any rights, remedies, or powers available at
law or in equity.
5. Intellectual Property. Neither Party shall use the names, trademarks, service marks, copyrights, call letters, trade names, or photographs of the
facilities or products of the other Party for any purpose, except as provided for in this Agreement, without the express prior written consent of
the subject Party of each proposed use and any such use must be accompanied by the appropriate trademark, service mark, copyright, or other
designation required by the owner of such property. Any license, consent, or permission and all such uses shall terminate upon the expiration
of the Term of this Agreement. However, notwithstanding the foregoing, Supporter acknowledges that its name, trademarks, service marks,
copyrights, call letters, trade names, or photographs of the facilities or products may be photographed, recorded, broadcast, distributed, or
otherwise reproduced and disseminated by reporters, television broadcasters, bloggers, photographers, news media, and other individuals
covering the Event and Supporter hereby consents to such acts.
This Section 5 shall survive the termination of this Agreement, but only with respect to acts or omissions occurring during the term hereof.
S. S_igrti Removal g4 ;, All signage is the property of the Host. Upon termination or expiration of this Agreement, the Host, at its expense, shall
remove all signs identifying Supporter at the Event and, to the extent that there is any property which has been brought onto the premises by
Supporter in the performance of its obligations under this Agreement, the Host shall allow Supporter to remove such property at the sole
expense of Supporter. Supporter shall make all removals immediately after the conclusion of Event competition and all removals must be
completed no later than 48 hours following the completion of the event. Any property of Supporter remaining after that date shall become the
property of the Host. Supporter is solely responsible and liable for any loss or destruction of property brought onto the premises by Supporter,
its agents, guests or invitees.
7. Notices. Notice by any Party hereunder shall be deemed given when: (1) hand delivered; (2) mailed, postage prepaid, certified or registered,
return receipt requested; or (3) sent by guaranteed twenty-four hour delivery service, addressed to the other Party at the addresses appearing
on the face of this Agreement; provided that either Party may, by written notice to the other Party as set forth herein, change the address to
which any such notice shall be sent.
8. Waive s.Arneqcl gets, etc. No failure or delay by any Party to this Agreement in exercising any right, power or remedy that it may have under
this Agreement shall operate as a waiver thereof of any right, power or remedy, nor shall any single or partial exercise by any Party of any such
right, power or remedy preclude any other or further exercise thereof of any other right, power or remedy. No waiver of any provision of this
Agreement and no consent to any departure therefrom shall be effective unless in writing and signed by each Party hereto, and then such waiver
or consent shall be effective only in the specific instances and for the purposes for which such waiver or consent is given and to the extent
specified in such writing. No notice to or demand on any Party shall in any case of itself entitle any Party to any other or further notice or
demand in similar or other circumstances. This Agreement sets forth the entire understanding between the Parties hereto with respect to the
subject matter hereof, and no modifications or amendment of or supplement to this Agreement shall be valid or effective unless the same is in
writing and signed by the Party against whom it is sought to be enforced.
G,I'-OAMs° ON` H1' VDF4iES: 4,11\11 24 30,2019
40TH UNITED STATES SENIOR OPEN
CONTRACT— VENUES PARKS AND ARTS
9. Imro rid ni Contractors, The Host and Supporter are independent contractors with respect to each other. Nothing contained herein shall
create any association, partnership, joint venture, employment, or agency relationship between them and any third party.
10. Parties in Interest. All grants, covenants, and agreements contained in this Agreement shall bind and inure to the benefit of the Parties hereto
and their respective successors and assigns, provided that neither Party to this Agreement may assign or transfer any of its rights or delegate
any of its duties or obligations under this Agreement without the prior written consent of the other Party.,
11. gqMtrning The Parties contemplate that this Agreement will be performed in the State of Indiana. This Agreement shall be governed by,
subject to, and interpreted in accordance with the laws of the State of Indiana regardless of whether this Agreement is executed in a state other
than the State of Indiana and regardless of the choice of law and conflict of laws statutes and common law of the state in which this Agreement
is executed or the State of Indiana.
12. Survival. All representations, warranties, and indemnities contained herein or made by the Parties hereunder shall survive the execution and
delivery of this Agreement and any expiration and/or termination of this Agreement.
13. Severabihty. If any term or provision of this Agreement shall be determined to be illegal or unenforceable, all other terms and provisions of this
Agreement shall nevertheless remain effective and shall be enforced to the fullest extent permitted by the applicable law.
14. t onfidentighty, Any proprietary information received by one Party regarding the operation or products of the other Party shall be treated as
strictly confidential and shall be enforced to the fullest extent permitted by applicable law.
15. Attorney$' Pees. Notwithstanding any other provision of this Agreement, if either Party takes legal action to enforce the terms and conditions
of this Agreement, the prevailing Party in such legal action shall be entitled to recover reasonable attorneys' fees and cost (whether incurred in
a judicial or nonjudicial proceeding) from the other upon the entry of a final nonappealable judgment.
16. Further Assurances, Each Party shall take any and all steps, and execute, acknowledge and deliver any and all further documents that the other
may reasonably request to effectuate the intent and purposes of this Agreement.
17. No Refunds. No refunds of any amount paid hereunder by Supporter shall be made under any circumstances, including without limitation the
cancellation or rescheduling of one or more rounds of the Event. In the case of a complete cancellation of the Event by the Host or the USGA,
the Host will use reasonable efforts to maximize all potential refunds to all Supporters less all out-of-pocket expenses incurred.
18. IHeadl'ngs. Headings appearing at the beginning of any subdivision of this Agreement are for convenience only and shall not be used in
interpreting the provisions of this Agreement.
19. counterparts., This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which
taken together shall constitute one and the same document.
20. Authoritytq xecgq,, Supporter warrants and represents that: (1) Supporter has authority to enter into this Agreement; (2) the person executing
this Agreement is duly authorized and has full and legal authority to execute this Agreement and take those actions necessary so as to
consummate the transactions contemplated by this Agreement; and (3) the person executing this Agreement has the power and authority to
legally bind Supporter.
4
40TH UNITED STATES SENIOR OPEN
CONTRACT— VENUES PARKS AND ARTS
Exhibit A
The University of Notre Dame Du Lac 2019U.S. Senior O en agrees to provide Venues marks and Arts the following
oods and services:
• Twelve (12) Clubhouse / Patio Hospitality tickets per day (Wednesday — Sunday)'
o Daily food and beverage included (Wednesday —Sunday)
• Ten (10) Irish Club Tickets per day (Monday — Sunday)'
• Twenty (20) single day gallery tickets per day (Monday — Sunday)
• Four (4) players in the Championship Invitational, Monday July 111, 2019
• Four (4) players in Championship Preview Day (2019)
• Four (4) Preferred Parking Passes per day (Monday — Sunday)
• Ten (10) 2019 U.S. Senior Open Programs
Championship MarketinR and Promotional Opportunities
• One (1) full -color, full page advertisement in the official championship program
• Exclusive opportunity to purchase official championship merchandise bearing your company logo and the 2019
U.S. Senior Open logo
• Right to support 2019 U.S. Senior Open promotional activities approved by the USGA
• Onsite distribution of Venues Parks and Arts marketing collateral during the week of the championship in the
following areas:'
o USGA Headquarters
o Championship Office
o Caddie Hospitality
o Volunteer Headquarters
o Media Center
o Superintendent Hospitality
1 Clubhouse / Patio Hospitality is open Wednesday — Sunday, food and beverage included.
2 The Irish Club is a shared pavilion located adjacent to the 171h hole of the championship course. Upgraded food and beverage is available for
purchase. The championship will provide television monitors, computer scoring and security.
3 Distribution of marketing collateral left to the discretion of the Championship staff
5
:u.0 ui is wo<uwii nuu tu:.uu r c 24 0, 2019
40TH UNITED STATES SENIOR OPEN
CONTRACT— VENUES PARKS AND ARTS
Exhibit A
goods and services:
• Use of mutually agreed upon city equipment during the Championship (Dates TBD) (Listed below)
o Rakes - 5
o Shovels - 5
o Road barricade - 25 (sawhorse type)
o Picnic tables - 40
o Light towers - 4
o Sign boards — 2
o Corn hole sets - 3
• Presence at mutually agreed upon city golf course events
Opportunity for a mural to be painted in Downtown South Bend in memory of the Championship
• Opportunity to place banner on the Century Center in Downtown South Bend.
Opportunity to utilize the South Bend River Lights during Championship Week (Use to be mutually agreed upon)
• Light pole banners to be displayed in Downtown South Bend (Creative to be provided by the 2019 U.S. Senior
Open) (Content to be mutually agreed upon)
• Championship countdown standard to be displayed at mutually agreed upon city golf courses (creative to be
supplied by Championship, signage to be supplied by the city)
• Table tents and promotional items to be displayed in various locations throughout the city (creative to be
provided by the Championship) (content to be mutually agreed upon)
• An effective social media campaign, which will include Facebook, Instagram, and Twitter. (Content to be
mutually agreed upon)
• Inclusion in various e-newsletters (content to be mutually agreed upon)
* Exclusive email blasts to various outlets (Content to be mutually agreed upon)
• Digital inclusive on city golf course GPS systems (creative to be provided by the Championship) (content to be
mutually agreed upon)
• Link and logo on websites
• Listing under any 'news and events' sections within the websites
• Participation in the following events:
o Saint Paddy's Day Parade (2019)
o Best Week Ever (2019)
o Children's Arts in the Park (2018 & 2019)
o Art Beat / Kid Beat (2019)
6
d..Ir/1MI::PI?,.aINSHIP ICDAN:S:Aj1N[.: 24 .30, 201.9
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 05/23/2018
Department VPA: Facilities &
Name Patrick Sherman Grounds
BPW Date 05/28/2018 Phone Extension 5601
........... - ....... - . .... . .... . - . .....
Eqqyired Prior to Submittal to Board ITITmm
.......... . . . ....
Legal Z Attorney Name Aladean DeRose
Controller ❑ Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing z
Check the,
L Agreement
El Professional Services
F� Bid Opening
El Quote Opening
El Change Order No.
El Ease/Encroach.
F-1 Other:
Michael Schmidt
Topriate Item Type -
....................
Z Contract
F-1 Resolution
F-1 Bid Award
0 Quote Award
El C/O & PCA No.
El Traffic Control
for All Submissions
Proposal
EJ Req. to Advertise
d Information
Company or Vendor Name University of Notre Dame Du Lac
El PCA
Addendum
E] Title Sheet
New Vendor El Yes Z No El If Yes, Approved by Purchasing
MBE/WBE Contractor E] MBE F-1 WBE
MBE/WBE Contractor Requested E] No F-1 Yes Name of Company
Project Name 40th United States Senior Open Contract - Custom Trade Package
Project Number 1085-2019
Funding Source N/A
Account No. N/A
Amount $ Goods and services per contract agreement
................................... -
Terms of Contract Through Tuesday following 2019 tournament
.... p'
Purpose/Description Mutual service and advertising 6're�e�ment for 201 en.
F-1 Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination , Non -Debarment, E-Verify, Iran, etch
��g�ired For Chan e Orders, Only
Amount of F] increase $
EJ Decrease
Previous Amount
- - - — — ------- - - - — ---------- - - - Current Percent of Change:
New Amount
Total Percent of Change:
Dispersal After Approval
Copy Original
El n
El El
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