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HomeMy WebLinkAboutVIII-09 Approve Advertising Agreement with Midstate Plumbing and Heating City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: February 3, 2025 Item: Advertising Agreement Council Action Requested: Approve advertising agreement with Midstate Plumbing and Heating. Background Information: While we have a current advertising program for the Hastings Civic Arena, a full vinyl wrap of an ice resurfacer is not a current option. This advertising practice has become more popular, and Midstate Plumbing and Heating desires to contract for this advertisement. Staff research regional advertising rates for the same service, and the cost of $1,500.00 per year with a three (3) year agreement is common. Staff developed an agreement, received edits and review by legal counsel, and offer the attached as a final product. Financial Impact: Positive financial impact. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ Advertising agreement VIII-09 1 AGREEMENT FOR ICE ARENA ADVERTISING SPACE ICE RESURFACER VINYL WRAP This Advertising Agreement (“Agreement”) made this day of , between CITY OF HASTINGS 101 4th STREET EAST HASTINGS, MN 55033 (hereinafter referred to as “City”) - And – MIDSTATE PLUMBING HASTINGS, MN (hereinafter referred to as the "Advertiser") The parties hereto agree as follows: 1. The City hereby agrees to lease to the Advertiser certain advertising space, in the form of a vinyl wrap, on one (1) of the ice resurfacers at the Hastings Civic Arena located at 2801 Red Wing Boulevard, Hastings, Minnesota 55033, for the term of THREE (3) years beginning and ending . Advertiser agrees to pay City rent in the amount of $4,500.00 for the advertising space according to terms and conditions outlined herein. 2. The Advertiser agrees to pay rent in the total amount stated above to the City according to the following payment schedule: $1,500.00 by March 1, 2025. $1,500.00 by March 1, 2026. $1,500.00 by March 1, 2027. 3. The advertising wrap shall be professionally made and all costs associated with design, ,creation, and installation will be the sole responsibility of the Advertiser. Advertiser shall be solely responsible for any damages to the ice resurfacer that may occur during the installation and/or removal of the vinyl wrap. The Advertiser will contract a 3rd party to have the ice resurfacer covered/wrapped with the advertisement. The Advertiser agrees that the City must approve the advertisement prior to the ice resurfacer being covered and/or wrapped and has the right to reject any advertisement that is or becomes, in the absolute discretion of the City, not suitable for display in the Hastings Civic Arena. No advertisement is permitted that promotes tobacco or alcoholic products, or is offensive in text or artwork, or that contains attachments of a personal, racial, sexual, religious or political nature, or is demeaning or discriminatory toward any person or group on the basis of age, sex, race, ethnicity, religion, physical appearance or disability. 4. The Advertiser agrees that the maintenance and upkeep of the vinyl advertising wrap on the ice resurfacer shall be the Advertiser’s responsibility and in the event the signage shows signs of wear, or is damaged, destroyed or stolen, the Advertiser will immediately complete any VIII-09 2 necessary repairs or replacements, at a time and to standards specified by the City. Advertiser further agrees that no product or wrap will be installed on the ice resurfacer that will potentially damage any existing finish or that will interfere with any operation of the ice resurfacer. 5. The City reserves the right to terminate this Agreement at any time, without notice or penalty or further liability to the Advertiser and agrees to refund to the Advertiser any monies received from the Advertiser, pro-rated for the period of time affected by any said termination. Advertiser agrees to waive all claims against the City for any cause that may arise as a result of such termination. 6. The Advertiser acknowledges that this Agreement does not give it any right to enter the Hastings Civic Arena for the purpose of viewing, altering or removing its advertisement at any time except during regular Arena operating hours. Advertiser further acknowledges that this Agreement does not provide the Advertiser with access to any part of the Arena that is not open to the public without authorization from the Civic Arena Manager or Civic Arena Supervisor. 7. The Advertiser accepts total responsibility for the accuracy of any claims made in its advertisement(s) and agrees to indemnify and hold harmless the City and its elected officials and employees from any claims, costs and liabilities against the City that may arise as a result of any advertisement(s) displayed by the Advertiser. Advertiser shall indemnify City against legal liability for damages arising out of claims by Advertiser’s employees. City shall indemnify Advertiser against legal liability for damages arising out of claims by City’s employees. 8. The Agreement shall be governed by and interpreted under the laws of the State of Minnesota and any action must be venued in Dakota County District Court. The Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 9. Nothing in this Agreement shall be deemed to constitute a partnership, joint venture, employment or agency relationship among the parties. 10. This Agreement is not assignable without the mutual written agreement of the parties. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. 11. A waiver by either City or Advertiser of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 12. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 13. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. VIII-09 VIII-09 4 IN WITNESS WHEREOF, the Advertiser and the City by their authorized representatives have hereunto set their signatures. CITY OF HASTINGS By: Mary Fasbender, Mayor By: ____________________________ Kelly Murtaugh, City Clerk Date: ___________________________ VIII-09 VIII-09