4.9. SR 09-06-2016Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent September 6, 2016 Rich Czech, Arena Manager
Item Description Reviewed by
Sales Representation for Arena Advertising Michael Hecker, Parks and Recreation Director
Reviewed by
Cal Portner , City Administrator
Action Requested
Approve, by motion, the agreement between RinkSide Advertising and the City of Elk River for
marketing the dasher boards for advertisers at the Olympic and Barn rinks.
Background/Discussion
RinkSide Advertising is a locally-based company out of the Twin Cities in the process of networking
several arenas to attract regional and national companies such as Cub Foods, Buffalo Wild Wings,
Holiday Stations, and several others that typically do not advertise with arenas on an individual basis.
They currently have obtained agreements with 22 arena facilities and are in the process of finalizing 8
other agreements.
Since the advertisers we use and pursue are local business people, RinkSide Recruiting should not
interfere with our efforts. The agreement allows the Arena the right to refuse any company or art work
they deemed unfit for the facility.
Financial Impact
N/A
Attachments
Marketing Agreement from RinkSide Advertising Network
Agreement 2016-27
ADVERTISING SALES REPRESENTATION AGREEMENT
This Agreement (“Agreement”) is made by and between the City of Elk River, a
Minnesota municipal corporation (“City”) the owner and operator of an Ice Arena at 1000
School St NW, Elk River, MN 55330 (“Facility”) and Isport Networks LLC, a Delaware
limited liability company, d/b/a Rinkside Advertising Network, having a principal place
of business at 513 Greenview Drive, Chanhassen, MN 55317 (“Rinkside”) and dated this
_______ day of _______________, 2016 (collectively, “Parties”).
1. Engagement of Services City hereby engages Rinkside as an authorized and non-
exclusive representative to procure advertising from third-party companies (“Advertisers”)
to be displayed primarily on the dasher boards of the Facility ice rink(s) and other
locations described herein.
2. Terms of Agreement. Advertisements will be sold and installed on a per-dasher
board basis. The agreed-upon cost to Rinkside of a dasher board, each of which is
approximately 33” x 96”, shall be $500 per year (each dasher board is referred to herein as
an “Advertisement”, the company whose product or service is displayed is referred to as an
“Advertiser”).
City shall advise Rinkside of additional advertising opportunities as they become available,
and this list may be supplemented. Rinkside’s payment to City on any Advertising project
shall be due within forty-five (45) days of Rinkside’s receipt of proof of performance from
City.
3. Approval Process. Within fourteen (14) days of procurement of each
Advertisement, Rinkside shall send Insertion Order via e-mail providing a visual mock-up
of the Advertisement to be installed, the Advertisement’s dimensions, and Advertiser’s
desired advertising location within the rink (i.e., Inside North, South, East, or West).
Within three (5) business days of the date of receipt of the Insertion Order, Facility shall
notify Rinkside of any objection to the proposed advertisement. If no objection is received,
the sale is deemed final.
4. Installation of Advertisement. Rinkside will be responsible for the production of
advertisements and will furnish advertisements and all associated installation materials to
City for install. Upon installation of each Advertisement (“Final Installation”), City shall
send an email with a photograph of installed advertisements to Rinkside confirming Final
Installation. The one-year term for each Advertisement and the forty-five (45) day billing
term shall begin on the date of Final Installation.
5. Term and Termination. This Agreement shall commence on the date hereof and
shall continue for a term of three (2) years. At the end of said Initial Term, this Agreement
shall automatically renew for successive subsequent one (1) year terms thereafter. Notice
of non-renewal must be sent by cancelling party at least 30 days prior to the end of the
existing term.
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6. Use of Images. To promote the Facility and the Rinkside Advertising Network
offering, City grants Rinkside authorization to use images of the Facility, including but not
limited to events taking place at the Facility in Rinkside sales materials, including
proposals, websites, flyers and other to be determined materials.
7. Governing Law and Jurisdiction. The construction and performance of this
Agreement will be governed by the laws of the State of Minnesota, without application of its
conflict of laws principles. Any litigation to resolve the terms of this Agreement will be
venued in Minnesota District Court, in Sherburne County, Minnesota.
8. Notices. Any notice, demand or request required or permitted to be given under
the provisions of this Agreement shall be in writing; shall be delivered personally, including
by means of facsimile or e-mail, or mailed by registered or certified mail, postage prepaid
and return receipt requested; shall be deemed given on the date of personal delivery (with
confirmation of transmission or, if by e-mail, confirmation of receipt) or on the date set
forth on the return receipt; and shall be delivered or mailed to the addresses set forth on
the first page of this Agreement or to such other address as any party may from time to
time direct, with copies to:
RINKSIDE: Isport Networks LLC
d/b/a Rinkside Advertising Network
513 Greenview Drive
Chanhassen, MN 55317
CITY: City of Elk River
Cal Portner, City Administrator
13065 Orono Parkway
Elk River, MN 55330
9. Force Majeure.
(a) If a Force Majeure Event occurs, the party that is prevented by that Force
Majeure Event from performing any one or more obligations under this agreement
(the “Nonperforming Party”) will be excused from performing those obligations, on
condition that it complies with its obligations.
(b) For purposes of this agreement, “Force Majeure Event” means, with respect
to a party, any event or circumstance, regardless of whether it was foreseeable, that
was not caused by that party and that prevents a party from complying with any of
its obligations under this agreement \[(other than an obligation to pay money)\], on
condition that that party that uses reasonable efforts to do so, except that a Force
Majeure Event will not include \[any a strike or other labor unrest that affects only
one party, an increase in prices, or a change of law\].
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(c) Upon occurrence of a Force Majeure Event, the Nonperforming Party shall
promptly notify the other party of occurrence of that Force Majeure Event, its effect
on performance, and how long that party expects it to last. Thereafter the
Nonperforming Party shall update that information as reasonably necessary. During
a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit
damages to the Performing Party and to resume its performance under this
agreement.
10. Data Practices. All data created, collected, received, maintained or disseminated
for any purpose in the course of this Contract is governed by the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules
adopted to implement the act, as well as federal regulations on data privacy.
11. Copyright. If Rinkside uses any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, Rinkside shall provide for such use
by suitable legal agreement with the patentee or owner. If no such agreement is made
Rinkside shall indemnify and hold harmless the City from any and all claims for
infringement by reason of the use of any such patented designed, device, material or
process, or any trademark or trade name or copyright, and shall indemnify and defend the
City for any costs, liability, expenses and attorney's fees that result from any such
infringement.
ISPORT NETWORKS LLC
d/b/a RINKSIDE ADVERTISING NETWORK
By:__________________________________________
Name:______________________________
Title:________________________________
CITY OF ELK RIVER
By:____________________________________________
John J. Dietz, Mayor
By:____________________________________________
Tina Allard, City Clerk
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