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HomeMy WebLinkAboutContract 56379 CSC No.56379 2021 PARTNER AGREEMENT Alliance Air Productions THIS AGREEMENT made on June 28,2021, between ALLIANCE AIR PRODUCTIONS a Texas non-profit corporation, hereinafter referred to as ("PRODUCER"), and CITY OF FORT WORTH, hereinafter referred to as ("PARTNER") at the Fort Worth Alliance Air Show, hereinafter referred to as("EVENT"). PARTNER agrees to comply with all of the terms and conditions hereof. ACCEPTANCE OF TERMS AND CONDITIONS 1. RESPONSIBILITIES. PRODUCER will provide PARTNER the standard benefits outlined in the 2021 Sponsorship Brochure unless otherwise defined herein. 2. FEES. PARTNER agrees to pay PRODUCER $15,000. In order to receive full PARTNER benefits, full payment must be submitted within 30 days of online registration, but no later than October 1, 2021, by check or money order made payable to Alliance Air Productions and mailed to 7801 Canterbury Terrace; McKinney,Texas 75072. Payments received less than 30 days prior to EVENT will not be allowed to access event site and may forfeit rights to be included as a PARTNER in current EVENT, or any subsequent or future events. 3. PROMOTIONAL MATERIAL. PRODUCER reserves the right to approve all PARTNER sponsorship, advertising, and merchandising for the event including radio, print,television,website,and souvenirs. PARTNER shall comply with all statutes, laws,ordinances, rules, and regulations of all governmental authorities and all rules and regulations promulgated by PRODUCER. PARTNER shall not conduct or allow to be conducted any illegal or immoral activities or business. PARTNER must include representation of PARTNER entity only in event promotional material. 4. INSURANCE. PARTNER agrees to maintain,at its sole cost and expense,self-insured insurance policies of all liability as referred to above,and as follows: PARTNER is required to submit a letter of self-insurance indicating policy or policies of worker's compensation and commercial general liability insurance, including personal injury and property damage, with contractual liability coverage, in the amount of One Million Dollars ($1,000,000.00) for property damage and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Fort Worth Alliance Airport(the"Airport"). PARTNER,at its own expense,also shall maintain during the term of this Agreement"All Risks"or"Special Causes of Loss"property self-insurance covering the replacement cost of all of PARTNER'S personal property contained on or about the Airport.PARTNER'S insurance policies shall (i) name PRODUCER as certificate holder and list The City of Fort Worth, Texas (the "City"), Alliance Aviation Management,Ltd. ("AAM"),Alliance Air Management,Ltd. ("AAML")and ADC Group Marketing as additional insureds (except for the worker's compensation policy, which instead shall include a waiver of subrogation endorsement in favor of PRODUCER,the City,AAM and AAML), (ii) be self-insured which is acceptable to PRODUCER, (iii) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to PRODUCER, and (iv) include a waiver of subrogation in favor of PRODUCER, the City, AAM and AAML. In addition, such self-insurance provided by PARTNER shall be primary coverage for PRODUCER when any policy issued to PRODUCER is similar or duplicate in coverage,and PRODUCER'S policy shall be excess over PARTNER'S policies. Said policy or policies or certificates thereof shall be delivered to PRODUCER upon PARTNERS acceptance of this Agreement and upon each renewal of said insurance. PARTNER shall list certificate holder address as Alliance Air Productions, 13851 Aviator Way, Fort Worth,Texas 76177. 5. CITY OF FORT WORTH AND ALLIANCE AIR PRODUCTIONS AGREEMENT. PARTNER acknowledges and agrees that this Agreement is subject to the Alliance Air Show Agreement (the "City Agreement") by and between the City and PRODUCER dated April 25, 2017. This Agreement incorporates by reference the terms of the City Agreement and PARTNER shall comply with the terms of the City Agreement. OFFICIAL RECORD CITY SECRETARY Page 1 of 7 FT. WORTH, TX 6. ASSIGNMENT. PARTNER shall not assign any of its rights and obligations under this Agreement to any party without the prior written consent of PRODUCER,which consent may be withheld in PRODUCER's sole discretion. 7. GUIDELINES AND RESTRICTIONS. PARTNER must abide by the Guidelines and Restrictions referred to as Exhibit A in this agreement. 8. DEADLINES. PARTNER must abide by the Deadlines referred to as Exhibit B in this agreement. 9. TERM &TERMINATION. The Agreement shall be effective from the date of signing by all parties through the final day of the EVENT. This Agreement may be terminated by PRODUCER on written notice to the other party if any act of God; court or governmental action or regulation,including without limitation emergency declarations or"stay at home"orders;quarantines;travel restrictions; disaster;strike; labor strife;civil disorder;criminal activity;casualty;or other event beyond PRODUCER'S control makes it unreasonably dangerous,illegal,or impossible to provide the facilities for the purposes intended under this Agreement or to hold the EVENT(a "Force majeure Event"). If any Force majeure Event occurs during the EVENT Dates, PRODUCER shall have the right to terminate or suspend the Function on oral notice to PARTNER. If PRODUCER is forced to cancel the EVENT due to a Force Majeure Event, no refunds will be issued. If the EVENT starts and weather requires termination of the EVENT or weather disallows the conduct of the EVENT on one or more days, no refund will be issued. If PARTNER cancels participation after PRODUCER has collected funds, no refund will be issued. 10. SOLE SOURCE PROVIDER — ADC GROUP. Producer has entered into an agreement with ADC Group to manage air show sponsorship for the EVENT as a sole partner. 11. SOLE SOURCE PROVIDER—SPECTRUM CATERING. Producer has entered into an agreement with Spectrum Catering, Concessions and Events to manage air show catering services for the EVENT as a sole partner. 12. PARTNER will have access to PRODUCER's records related to the transactions conducted under this Agreement to ensure compliance therewith. Page 2 of 7 Failure to abide by these terms and conditions may result in immediate dismissal from current EVENT,or any subsequent or future events. IN WHITNESS WHEREOF,the parties hereunto understand the guidelines that have been provided. Accepted and Agreed: VENDOR: Alliance Air Producti ns ATTEST BY: BY: Name: Tom Harris Name: Title: President Z` ^ ` Title: Date: r Date: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all per man an ep ting I Q— requirements. BY: Fernando Costa(Sep 27,202108:36 CDT) BY: Name: Fernando Costa Name: Dakota Shaw Title: Assistant City Manager Title: Airport Supervisor Date: Sep 27,2021 Date: y/2 I L2 J Z.) APPROVAL RECOMMENDED: APPROVED AS TO FORM AND LEGALITY: /> !6, BY: BY: -> Name: Roger Venables Name: Thomas Royce Hansen Title: Aviation Director Title: Assistant City Attorney Date: Sep 23,2021 Date: Sep 27,2021 ATTEST CONTRACT AUTHORIZATION: BY: M&C: N/A ��C Name: Ronald Gonzaleszy�aO� FORra� Title: Acting City Secretary �F'�.o° 00��� Date: Sep 27,2021 0~o 0. Pv° °_0 o o°° �� o F/ °O000000 �>z*x Asap OFFICIAL RECORD CITY SECRETARY Page 3 of 7 FT. WORTH, TX Exhibit A Guidelines and Restrictions Failure to abide by the following EVENT Guidelines and Restrictions may result in the termination of this agreement and the removal of participation from the EVENT site and may forfeit rights to be included as a PARTNER in current EVENT,or any subsequent or future events. PARTNER shall abide by the following guidelines: A. EVENT HOURS. Parking Lot 10:00 AM —5:00 PM. Inbound traffic closes at 1:00 PM. No vehicles allowed into the event at 1:00 PM as traffic routes will have changed to outbound traffic only.Aerial Performances are from 11:00 AM—4:00 PM.The Landing Zone is open from 10:00 AM—3:00 PM.All times subject to change. B. CHALETS. PARTNERS with a chalet will include set up and tear down of area and rental items such as:tent,guest tables with standard vinyl table covers,guest chairs and one sign designating PARTNER area. PARTNER package does not include catering. Sponsor chalet staff are required to use a guest credential wristband to enter chalet as staff wristbands are no longer available. Exhibit staff passes do not provide admittance to chalet. C. CATERING. PARTNER is responsible for coordinating catering through event's exclusive caterer,Spectrum Events.Catering is subject to additional fees. For catering arrangements,contact: Mrs. Melanie Smalley,Spectrum Events,at 713-897-8239 or melsmalley(@spectrumfcs.com D. EXHIBITORS. PARTNER with exhibit has purchased space only on grass unless otherwise identified. PARTNER is responsible for providing requirements needed such as electrical, table(s), chair(s), tent(s), signage, etc. Any additional items required must be arranged through PRODUCER. Exhibit must be manned at all times and never left unattended. Exhibit must be properly secured and in good condition.Tents must be flame resistant and be strong and sturdy enough to withstand excessive windy conditions. It is recommended all tents be secured with water barrels.Refer to Section L regarding tent and water barrel rental.All PARTNERS with exhibit tents are required to have a 2A-10BC fire extinguisher in their booth. PARTNER must provide fire extinguisher. E. MILITARY EXHIBITORS. PRODUCER proudly salutes and encourages the important participation of all military entities at EVENT and recognize the primary participation is to promote awareness and recruitment opportunity. Any selling or offering of free water,beverages or food related items are considered contractual conflicts and violations. Free promotional items are acceptable such as plastic bags, posters, calendars, postcards, literature, and key chains. Examples of free items that create a contract violation include but not limited to clothing, hats and drinking vessels. Under current DoD policy, any military personnel are prohibited from selling any merchandise at civilian air shows. No military display squadron merchandise should be given away for free or sold unless authorized by PRODUCER. F. VEHICLE EXHIBIT DISPLAY. If PARTNER exhibit includes a branded vehicle in their exhibit area during EVENT hours, PARTNER must notify PRODUCER upon execution of this agreement to coordinate logistics. G. AIRCRAFT EXHIBIT DISPLAY.There will be no static on the airport ramp as the ramp will not be accessible to the public.PARTNERS with maneuverable aircraft that can easily arrive and depart outside of the airfield such as helicopters or aircraft on trailer,will be provided a designated public accessible parking area based on logistic and operational requirements.Aircraft must arrive the afternoon of Thursday or Friday week of EVENT by 8 AM and depart Sunday after 5 PM. PARTNER must obtain a PPR number from PRODUCER for approval to fly into Fort Worth Alliance Airport H. SALES AND PROMOTIONS. PARTNERS with exhibits will not be allowed to sell or giveaway items within exhibit area that conflict with merchandise concession sales. Items must be of limited quantity and approved by PRODUCER 60 days prior to the event by submitting a list of items through the online registration. Giveaway items to PARTNER'S chalet guests are allowed in PARTNER chalet areas only. I. CITY OF FORT WORTH HEALTH PERMIT. PARTNERS with sampling benefits are required to obtain a City Health Permit at their own expense and liability. PARTICPANT will be subject to fines if they fail to get the permit from the City of Fort Worth. PRODUCER accepts no responsibility or liability with regards to the Health Permit or any subsequent fines. Please apply online at Page 4 of 7 http://fortworthtexas.gov/health/temporary/ or contact: Fort Worth Public Health Department, 818 Missouri Avenue, Fort Worth,TX 76104,Office 817-392-7255 or Fax: 817-392-3713. J. SET UP/INSTALLATION/RESTOCK.Chalet areas will be installed and set during the week of the EVENT. Exhibits will be installed and accessible Friday week of EVENT. Larger exhibits may be allowed as early as Wednesday or Thursday the week of the event with advance coordination through PRODUCER. PARTNER will be allowed to access exhibit area during the hours below. Exhibitor access hours during week of EVENT: Friday 12:00 PM Exhibitor set-up begins.07:00 PM Exhibitor set-up ends. Saturday 07:00 AM Exhibitor set-up begins. Sunday 07:00 AM Exhibitor set-up begins. 07:00 PM Exhibitor tear down complete. K. TEAR DOWN. PARTNER will expedite dismantling of exhibit area or removal of any personal items brought into PARTNER area immediately after EVENT ends at 5 pm on Sunday.All trailers,tents and exhibits must vacate the area by 7:00 PM Sunday. Area must be free of trash and placed in trash receptacles upon vacancy. L. CREDENTIALS. Wristbands and parking passes are not day specific and will be mandatory Friday — Sunday week of EVENT. Credentials will be distributed in advance of the event. Non-display, personal vehicles must park in the designated lot. Exhibitor credentials will be issued based on allocation outlined below. All other PARTNERS should refer to your sponsorship package for allocation. Staff Wristbands Parking Pass for Staff Parking Lot 10x10 Exhibitor 6 total 3 total 20x20 Exhibitor 10 total 5 total Additional wristbands or parking passes can be purchased through the Aventri registration system prior to the EVENT. A limited number of credentials are available and can be purchased at a reduced price for working or set-up staff. Wristbands are $1.00 and Staff Parking Lot parking passes are$20.00 each. Sponsor chalet staff are required to use guest credential wristbands to enter the chalet. Chalet staff wristbands are no longer available. Exhibit Staff Passes do not provide admittance to chalets. M. RENTALS. For continuity of appearance, PRODUCER has contracted with preferred vendors for equipment rentals. This allows PRODUCER the ability to manage delivery and pick up of rentals in a timely manner upon the PARTNER'S request and reduces the number of outside vendors on the ramp as a safety precaution. Rented items are subject to additional fees.Available rental items include but are not limited to: • TENTS/TABLES/CHAIRS/DECOR: If PARTNER elects to rent tent(s), table(s), and chair(s) or coordinate decor, arrangements can be placed through the online registration system. If PARTNER elects to provide a tent, PRODUCER must be notified 60 days in advance.Tent and decor must be flame resistant. Each structure and/or visual aid must be pre-approved in advance by PRODUCER. • GENERATOR(s): PARTNER may supply their own generator. Rental arrangements can be placed through the online registration. Generators must be located at least 20 feet away from tent or like structure and must be isolated from contact with the public by fencing or other approved means. • ELECTRICITY: Power is NOT supplied. Power to PARTNER'S occupying a chalet is provided to power the beverage units and restroom facilities only. If power is needed for other usage, PARTNER must supply own generator that must be approved by PRODUCER,or rental arrangements can be placed through the online registration. • SPACE HEATERS: Space heaters are NOT supplied. PARTNER may supply their own or rent through the online registration system. Only electric space heaters are allowed under tents. Propane heaters are not allowed under tents and must be located at least 10 feet from the tent or structure. N. SPONSOR AD ONS.Any items not included in your PARTNER benefits package such as additional parking passes, event program ad or program packs can be purchased through the online registration. Page 5 of 7 O. DECOR. PARTNER will be allowed to personally customize chalet and/or exhibit with decor at PARTNERS expense. All decor must be flame resistant and shall be confined to area footprint only. PARTNERS with chalet area may contact PRODUCERS exclusive caterer to coordinate decor arrangements. P. SIGNAGE. No display stand or signage will be permitted beyond PARTNER area. All signage must be professional and attractive, no homemade signs allowed. PARTNERS with chalet areas defined with a cyclone fence line will be allowed to place signage on fence line as long as front view of sign is facing inward toward PARTNER area,subject to PRODUCER advance approval. Q. DONATIONS.Certified 501c3 organizations or bona fide government agency will be allowed to accept but not progressively pursue donations. R. PETS.Animals of any kind are not permitted onsite. S. ATTIRE.All employees of PARTNER will be dressed in clean uniforms, all of a standard color, and will conduct themselves in an orderly,courteous,and sanitary manner at all times. T. SECURITY. EVENT is secured with 24-hour security Friday—Sunday week of show. PARTNERS shall assume full responsibility for the security of their assets. U. NOISE DEVICE. No voice amplifiers of any kind are permitted. Sound level of TV, radio or stereo must be kept to the confines of the PARTNER area. V. SMOKING. No smoking,explosives,flammables,or other dangerous items will be allowed at EVENT. W. FIRE EXTINGUISHER. All PARTNERS with exhibit tents are required to have a 2A-10BC fire extinguisher in their booth. PARTNER must provide fire extinguisher. X. SUBLETTING OF SPACE.ASSIGNMENT OF APPLICATION/CONTRACT IS PROHIBITED. PARTNER shall not sublet PARTNER area in whole or part. In no event shall PARTNER grant to any person or entity permission to share PARTNER area. PARTNER shall not assign this agreement. Y. SOLICITATION OF BUSINESS-RESTRICTIONS. If PARTNER elects to exhibit, solicitation will be confined to the exhibit area and to those persons or firms who are bona fide exhibitors by virtue of paying for exhibit space and being party to this agreement. PARTNER shall not conduct business outside PARTNER'S assigned exhibit space and no distribution or solicitation from aisles is permitted. Z. OTHER RESTRICTIONS: No selling or offering free bottled water or soft drinks. Hand grenades,fake or real guns and other weapons are restricted from being sold. You do not want the bomb squad, FBI or other security surrounding you. No food, drinks, coolers portable awnings/tents, alcoholic beverages, pets, bicycles, skateboards, scooters or in-line skates allowed on EVENT grounds. Helium filled objects of any kind are not permitted on the EVENT grounds. Page 6 of 7 Exhibit B Deadlines J2021 Sponsor Checklist PARTICIPANT shall upload items pertaining to PARTNER sponsorship package by using the online registration at https:Hna.eventscloud.com/2021AIliancePartner/. Items immediately submitted upon registration will maximize sponsorship exposure. Due August 25,2021 ❑ Program Ad-Refer to Log Ad&Specifications.Questions,contact Joel Rowe at Joel@cookseVpr.com or 972-580-0662 x36 Due September 8,2021(45 days prior to show) ❑Aventri.com registration.Benefits will be activated once payment is received.Registration received less than 30 days prior to show,PARTNER forfeits benefits rights. ❑ Payment.Payment must be received no less than 30 days and no later than October 1 from the date that appears on the invoice generated during registration at Aventri.com.Benefits will activate once payment is received.Make check payable to:Alliance Air Productions.Mail check to: 7801 Canterbury Terrance,McKinney,Texas 75072 ❑ PARTNER Agreement executed via DocuSign unless advance arrangements have been made. ❑ Logo uploaded to Aventri.com during registration.Must be in EPS file only or high res JPEG(300 dpi) ❑ URL Link ❑Social Media Form Due September 23,2021(30 days prior to show) ❑Credentials Received ❑ PA Script ❑ Insurance certificate ❑Catering order to event caterer,Spectrum.Questions,contact Melanie Smalley,Spectrum Catering 713-897-8239 or melsmalley@spectrumfcs.com ❑Swag Bag Items.Mail to:Alliance Air Productions c/o Christina Carey,2221 Alliance Blvd,Ste.100,Fort Worth,TX 76177. Applies to In-Flight Program only and participating exhibitors. Due October 2,2021(21 days prior to show) ❑ Full payment of quote and final guest count submitted to event caterer,Spectrum. ❑ Remaining balance of any additional catering add-on's following event will be due to event caterer upon receipt of final invoice from event caterer. ALL OTHER QUESTIONS CONTACT: Adria Hoffman I ADC Group, Inc. 1 972-540-1742 1 adriahoffman(@adcgroupmarketing.com Air Show Dates:October 22-24,2021 1 Featuring the U.S. Navy Blue Angels in the NEW F-18 Super Hornet Note: Not all items listed above are included in all sponsor& exhibitor packages. Please refer to your specific package for benefit details. Page 7 of 7