4.9. SR 10-02-2017City of
Elk -
River
Request for Action
To
Item Number
Mayor and City Council
4.9
Agenda Section
Meeting Date
Prepared by
Consent
October 2, 2017
Rich Czech, Arena Manager
Item Description
Reviewed by
Arena Ice Resurfacer Marketing Agreement
Cal Portner, City Administrator
Reviewed by
Termination
Action Requested
Approve, by motion, the termination of the agreement between the Decklan Group and the City of Elk
River to market advertisers for the city's two ice resurfacers.
Background/Discussion
The City of Elk River contracted with the Decklan Group to market advertising for the city's two ice
resurfacers. Arena staff would like to terminate the agreement and seek advertising on their own.
Financial Impact
N/A
Attachments
■ Marketing Agreement from Decklan Group
The Elk River Vision
A avelcoming community avith revolutionary and spirited resourcefulness, exceptional p o w E A E u e r
service, and community engagement that encourages and inspires prosperity ,� g /�
Agreement 2016-26
Ice Arena Sales and Marketing Agreement — City of Elk River
This Agreement ("Agreement") is made effective as of July 25, 2016, by City of Elk River,
13065 Orono Parkway, Elk River, MN 55330, and Decklan Group, LLC, 812 Main St. Suite
250, Elk River, Minnesota 55330.
Furthermore, the party who is contracting to receive services, City of Elk River shall be referred
to as "Client," and the party who will be providing the services, Decklan Group LLC, shall be
referred to as "Consultant".
Consultant has a background in sales, marketing, and community outreach and is willing to
provide services to Client based on this background. Client remains responsible for all of their
decisions.
Client desires to have consulting services, as described in Section 1 below, provided by
Consultant.
Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning July 25', 2016 Consultant will provide the
following services(collectively, the "Services"):
Procurement of sponsorship commitments within accepted guidelines:
• Ice Resurfacing Machine Vinyl Wraps (2 different machines)
Consultant will act as a sales and marketing arm for arena staff securing commitments,
collecting ad content, and forwarding that content to the selected printing service.
Consultant will not act as accounts receivable, or contracting agent.
Consultant duties are complete once final artwork mock-up is approved by advertiser.
Final installation and transport are the responsibility of the Client.
2. PERFORMANCE OF SERVICES. The manner in which the Services are to be
performed and the specific hours to be worked by Consultant shall be determined by
Consultant. Client will rely on Consultant to work as many hours as may be reasonably
necessary to fulfill Consultant's obligations under this Agreement.
3. OUTCOME OF APPLICATION. Consultant makes no guarantee as to the results of
their sales and marking efforts.
4. PAYMENT. Client will pay a 15% commission for the total value of the advertising
commitment secured by Consultant. Payment is due to Consultant upon payment of funds
by advertiser to Client.
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5. SUPPORT SERVICES. Client will provide the following support services for the benefit
of Consultant: provide all requested artwork, creative property, design portfolios,
customer testimonials, and client/associate list via electronic .csv file. Consultant shall
return all other materials provided by Client immediately upon termination of this
Agreement.
6. NEW PROJECT APPROVAL. Consultant and Client agree that, unless terminated
earlier pursuant to Section 9 below, Consultant's Services will terminated on July 25tH
2021. Should Client desire to continue with this Agreement beyond sixty (60) months,
Client shall enter into a new agreement with Consultant prior to the commencement of a
new project or continuation of services.
7. ERRORS AND OMISSIONS. Consultant shall provide services under this Agreement in
a competent and professional manner, consistent with the standards of the industry, and all
content posted by Consultant shall accurately reflect the documents and information
provided by Client. Consultant shall not be liable for any additional expenses incurred, or
contracts lost by Client, caused by Client's delay, omission, or error in providing
documents or information to Consultant.
8. DATA PRACTICES COMPLIANCE. Consultant will have access to data collected or
maintained by the Client to the extent necessary to perform Consultant's obligations under
this Agreement. Consultant agrees to maintain all data obtained from the Client in the
same manner as the Client is required under the Minnesota Government Data Practices
Act, Minn. Stat. Chap. 13 (the "Act").
9. TERM/TERMINATION. This agreement shall terminate automatically on July 25th,
2021 unless earlier terminated by Client. Client shall have the right to immediately
terminate this Agreement for any reason upon written notice to Consultant. At which time
all future commissions based on current contracts become due in full to Consultant.
10. RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an
independent contractor with respect to Client and not an employee of Client. Client will
not provide fringe benefits, including health insurance benefits, paid vacation, or any other
employee benefit, for the benefit of Consultant.
11. EMPLOYEES. Consultant's employees, if any, who perform services for Client under
this Agreement shall also be bound by the provisions of this Agreement.
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12. NOTICES. All notices required or permitted under this Agreement shall be in writing
and shall be deemed delivered when delivered in person or deposited in the United States
mail, postage prepaid, addressed as follows:
If for Client:
City of Elk River
Cal Portner, City Administrator
13065 Orono Parkway
Elk River, MN 55330
If for Consultant:
Decklan Group
Annie Deckert, President
812 Main St Suite 250
Elk River, MN 55330
Such address may be changed from time to time by either party by providing written
notice to the other in manner set forth above.
13. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties
and there are no other promises or conditions in any other agreement whether oral or
written. This Agreement supersedes any prior written or oral agreements between the
parties.
14. AMENDMENT. This Agreement may be modified or amended only if the amendment
is made in writing and signed by both parties.
15. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provisions it would become a valid and
enforceable agreement, then such provision shall be deemed written, constructed, and
enforced as so limited.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that
party's right to subsequently enforce and compel strict compliance with every provision
of this Agreement.
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17. APPLICABLE LAW. This Agreement shall be governed by the laws by the State of
Minnesota.
Party receiving services:
City of Elk River
By:
John J. Dietz
Mayor
By:
Tina Allard
City Clerk
Party providing services:
Decklan Group, LLC
By:
Annie B. Deckert
President
Date:
Date:
Date:
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