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HomeMy WebLinkAboutContract 52647 �n CITY SECRETARY CONTRACT NO. Sa l0y 1 �yoF �9) / PARTICIPANT AGREEMENT Alliance Air Productions THIS AGREEMENT made on MAY 9, 2019, between ALLIANCE AIR PRODUCTIONS a Texas non-profit corporation, hereinafter referred to as("PRODUCER"), and CITY OF FORT WORTH AVIATION, hereinafter referred to as("PARTICIPANT") at the Fort Worth Alliance Air Show,hereinafter referred to as("EVENT"). PARTICIPANT agrees to comply with all of the terms and conditions hereof. ACCEPTANCE OF TERMS AND CONDITIONS 1. RESPONSIBILITIES: PRODUCER will provide PARTICIPANT the standard benefits outlined in the 2019 Sponsorship Brochure unless otherwise defined herein. 2. FEES: PARTICIPANT agrees to pay PRODUCER $15,502.00. In order to receive full PARTICIPANT benefits, full payment must be submitted within 30 days of online registration, but no later than October 1, 2019, 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 the ramp and may forfeit rights to be included as a PARTICIPANT in current EVENT,or any subsequent or future events. 3. PROMOTIONAL MATERIAL: PRODUCER reserves the right to approve all PARTICIPANT sponsorship, advertising, and merchandising for the event including radio, print,television,website and souvenirs. PARTICIPANT shall comply with all statutes, laws, ordinances, rules,and regulations of all governmental authorities and all rules and regulations promulgated by PRODUCER. PARTICIPANT shall not conduct or allow to be conducted any illegal or immoral activities or business. PARTICIPANT must include representation of PARTICIPANT entity only in event promotional material. 4. INSURANCE: PARTICIPANT agrees to maintain, at its sole cost and expense, self-insured insurance policies of all liability as referred to above,and as follows: PARTICIPANT 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"). PARTICIPANT, 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 PARTICIPANT'S personal property contained on or about the Airport. PARTICIPANT'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 PARTICIPANT 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 PARTICIPANT'S policies. Said policy or policies or certificates thereof shall be delivered to PRODUCER upon PARTICIPANTS acceptance of this Agreement and upon each renewal of said insurance. PARTICIPANT shall list certificate holder address as Alliance Air Productions, 13851 Aviator Way, Fort Worth,Texas76177. 5. CITY OF FORT WORTH AND ALLIANCE AIR PRODUCTIONS AGREEMENT: PARTICIPANT 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 PARTICIPANT shall comply with the terms of the City Agreement. �1�fiM 6. ASSIGNMENT: PARTICIPANT shall not assign any of its rights and obligations under this Agre ruE6ny party without the prior written consent of PRODUCER,which consent may be withheld in PRODUCER's sole discret orCITY SECRETiARY 7. GUIDELINES AND RESTRICTIONS: PARTICIPANT must abide by the Guidelines and Restrictions ref��yeGl,tA.R f0iW i this agreement. 8. DEADLINES:PARTICIPANT must abide by the Deadlines referred to as Exhibit Bin this agreement. 9. i 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 cancelled by PRODUCER without penalty or liability on written notice to the other party if any act of God,court or governmental action or regulation,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 PARTICIPANT. If the EVENT starts and weather requires termination of the EVENT or weather disallows the conduct of the EVENT on one day,no refund will be issued.If PARTICIPANT cancels participation after PRODUCER has collected funds,no refund will be issued. 10. SOLE SOURCE PROVIDER—ADC GROUP:Alliance Air Productions 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:Alliance Air Productions 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. PARTICIPANT will have access to PRODUCER's records related to the transactions conducted under this Agreement to ensure compliance therewith. 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. ALLIANCE AIR PRODUCTIONS: ATTEST: By: <=--- By: _ U Name: To41arris Name: Ke ' :4 1 11 Title: President Title: v �AT'11 Date: O CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible By: �yL—� for the monitoring and administration of this contract, Name: Fernando Costa including ensuring all performance and reporting Title: Assistant City Manager requirements .////// Date: By: LA- le�\ Name: Dakota Shaw APPROVAL RECOMMENDED: Title: Airport Supervisor By: APPROVED AS TO FOR NQ LXG ame: William Welstead Title: Aviation Director �,� By: Name: Thomas Royc ansen ATTEST: f' Title: Assistant City Attorney By: ®�.... fit` CONTRACT AUTHORIZATION: Na e: Mary ' vita&C: N/A Title: Cityy Secr ,ary �.- OFFICIAL RECORD �' J CITY SECRETARY 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 PARTICIPANT in current EVENT, or any subsequent or future events. PARTICIPANT shall abide by the following guidelines: A. CHALETS: PARTICIPANT with a chalet area will include set up and tear down of area and rental items such as:tent,guesttables with standard vinyl table covers, guest chairs and one sign designating PARTICIPANT area. PARTICIPANT package does not include catering. • Sponsor Chalet Staff are required to use a Guest Credentials wristband to enter the Chalet. (Staff wristbands are no longer available.)Exhibit Staff Passes do not provide admittance to Chalet. B. CATERING: PARTICIPANT is responsible for coordinating catering through event's exclusive caterer,Spectrum Events. Cateringis subject to additional fees. For catering arrangements, contact: Spectrum Events Ms. Melanie Parker 281-363-0900 ext.239 mparker@spectrumfcs.com C. CITY OF FORT WORTH HEALTH PERMIT: PARTICIPANTS 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: http://fortworthtexas.gov/health/temporary/,or contact: Ms.Josie Vargas Ft. Worth Public Health Department 818 Missouri Avenue; Ft.Worth,TX 76104 817-392-7255 Fax:817-392-3713 D. EXHIBITORS: PARTICIPANT with exhibit space has purchased ramp space only. PARTICIPANT is responsible for providing requirements needed such as electrical, table(s), chair(s), tent(s), signage, etc. Any additional items needed 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. Nothing may penetrate the concrete ramp. It is recommended all tents be secured with water barrels. Refer to Section L regarding tent and water barrel rental. • Water Barrel weights for windy conditions will be provided as follows: 0 10x10 Exhibit—Includes 2 water barrels with tie-down straps 0 20x20 Standard Exhibit—Includes 4 water barrels with tie-down straps o NP 10x10 Exhibit—Includes 2 water barrels with tie-down straps o NP 20x20 Exhibit—Includes 4 water barrels with tie-down straps o Water barrel weights are not provided for other exhibits,but may be rented. • All PARTICIPANTS with exhibit tents are required to have a 2A-10BC fire extinguisher in their booth. PARTICIPANT must provide fire extinguisher. E. AIRCRAFT: PARTICIPANTS with display aircraft will be provided a designated parking area based on logistic and operational requirements. Aircraft must arrive the afternoon of Thursday or Friday week of EVENT by 8 AM. Aircraft must depart Sunday after the gates close at 5 PM. Most aircraft will not be able to start up and taxi. Due to the amount of activity during breakdown on the ramp, PARTICIPANT will be required to hand walk their aircraft to the south end of the ramp where aircraft will be departing. PRODUCER will not assist in wing walking. PARTICIPANT must obtain a PPR number from PRODUCER for approval to fly into Fort Worth Alliance Airport. F. SET UP AND INSTALLATION/RESTOCK: Chalet/Lodge areas will be installed and set during the week of the EVENT. Exhibit row will be installed and accessible Friday week of EVENT. PARTICIPANT will be allowed to access ramp during the ramp access hours below. Ramp Access Hours during week of EVENT: Friday 9:00 AM—4:00 PM Saturday 6:30 AM—8:00 AM and 6:00 PM—7:00 PM Sunday 6:30 AM—8:00 AM and 6:00 PM—7:00 PM Vehicle access to the ramp is limited. PARTICIPANTS that require access to the ramp during Ramp Access Hours must submit names of individuals, date and approximate arrival time in the Ramp Access section during online registration. Ramp Access submittal is due by 30 days prior to event. Failure to do so will delay access to the ramp. Larger exhibits may be allowed as early as Wednesday or Thursday the week of the event with advance coordination through PRODUCER. Exact set up time of your area will be subject to large military aircraft arrivals and may not be able to be positioned until such aircraft have been placed. We cannot control all military aircraft arrival times as they change frequently due to military operations.Vehicle access to the ramp must be approved in advance by the PRODUCER by completing the Ramp Access section during online. G. VEHICLE RAMP ACCESS:With approved submittal of the Ramp Access Form,PARTICIPANT may access the ramp bygoing through the Airport Support gate Security Check on Flight Line Road and proceed to the Delivery Check-In Tent, shown in Attachment 2,where PARTICIPANT will wait for an escort to their assigned space.The use of personal vehicles(golf carts, mini-bikes,bicycles, etc.)will not be allowed to remain on or at PARTICIPANT area during the day. If PARTICIPANT requires the use of a vehicle in their area during EVENT hours, PARTICIPANT must notify PRODUCER upon execution of this agreement.The vehicle must be displayed within PARTICIPANT area. Speed limit is 6 mph while on airport grounds. Aircraft and pedestrians always have the right of way-stop and yield to aircraft and pedestrians. H. TEAR DOWN: PARTICIPANT will expedite dismantling of exhibit area or removal of any personal items brought into PARTICIPANT area immediately after EVENT ends at 5 pm on Sunday. No driving on the ramp is allowed until 6:00 PM with proper vehicle credential.All trailers,tents and exhibits must vacate the ramp by 7:00 PM Sunday, as the ramp area becomes an active airfield. Area must be free of trash and placed in trash receptacles upon vacancy. I. HOURS OF OPERATION: Main and VIP Gates are open to the public from 9:00 AM—5:00 PM Saturday and Sunday.Support Gate is accessible to support guests* with proper credentials.Support Gate operation hours are during the week are: Friday 9:00 AM—4:00 PM Saturday&Sunday 6:30 AM—7:00 PM *Support groups such as: exhibitors, vendors, volunteers, performers, static, first aid, security and fire department personnel supporting the production of the event. J. PEDESTRIAN AND VEHICLE CREDENTIALS: Credentials will be mandatory Friday-Sunday week of EVENT.Wristbands will be used for pedestrian access through the support gate as EVENT in Attachment 1. Parking credentials will be issued for vehicle ramp access through the support gate. Upon request, PARTICIPANT will be issued one temporary parking credential.To reducevehicle activity on the ramp and for the safety of aircraft operations and pedestrians, temporary parking credentials are limited. Passenger vehicles will not be allowed to park at PARTICIPANT area during event. Vehicles must be parked in the assigned parking lot located at the south end of the ramp defined as Lot 1 in Attachment 2. Exhibit PARTICIPANT'S will be issued parking credentials described below, based on exhibit size.All other PARTICIPANT'S refer to your sponsorship package forallocation. Staff Wristbands Lot 1 Staff Parkins Credential Allocation: Up to 10x20 6 total 3 total 20x20 to 30x30 10 total 5 total 40x40 14 total 7 total 8ox30 18 total 9 total 100x80 22 total 11 total Larger spaces contact PRODUCER Credentials are not day specific.Credentials will be distributed in advance of the event.If you require more parking or wristband credentials than allocated, PARTICIPANT must purchase additional credentials through the eTouches registration system prior to the EVENT. A limited number of additional parking and wristband credentials are available for purchase at a reduced price; wristbands are$1.00 and Lot 1 Parking Passes are$10.00each. Sponsor Chalet Staff are required to use a Guest Credentials wristband to enter the Chalet. (Staff wristbands are no longer available.) Exhibit Staff Passes do not provide admittance to Chalet. K. ADDITIONAL GUEST PARKING PASSES/PROGRAMS/ADS: Any items not included in your PARTICIPANT benefits package such as additional parking passes, event program ad or program packs can be purchased through the online registration. L. 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 PARTICIPANT'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 PARTICIPANT elects to rent tent(s),table(s),and chair(s)or coordinate decor,arrangements can be placed through the online registration system. If PARTICIPANT 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): PARTICIPANT 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 PARTICIPANT'S occupying a chalet is provided to power the beverage units and restroom facilities only. If power is needed for other usage, PARTICIPANT 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. PARTICIPANT 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. M. 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 PARTICIPANT area. N. SUBLETTING OF SPACE:ASSIGNMENT OF APPLICATION/CONTRACT IS PROHIBITED. PARTICIPANT shall not sublet PARTICIPANT area in whole or part. In no event shall PARTICIPANT grant to any person or entity permission to share PARTICIPANT area. PARTICIPANT shall not assign this agreement. 0. SOLICITATION OF BUSINESS-RESTRICTIONS: If PARTICIPANT 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. PARTICIPANT shall not conduct business outside PARTICIPANT'S assigned exhibit space and no distribution or solicitation from aisles is permitted. P. DECOR: PARTICIPANT will be allowed to personally customize chalet and/or exhibit with decor at PARTICIPANTS expense. All decor must be flame resistant and shall be confined to area footprint only. PARTICIPANTS with chalet area may contact PRODUCERS exclusive caterer to coordinate decor arrangements. Q. SIGNAGE: No display, stand or signage will be permitted beyond PARTICIPANT area. All signage must be professional and attractive, no homemade signs allowed. PARTICIPANT'S 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 PARTICIPANT area, subject to PRODUCER advance approval. R. PETS:Animals of any kind are not permitted on the ramp. S. ATTIRE:All employees of PARTICIPANT 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 ramp is secured with 24-hour security. PARTICIPANTS shall assume full responsibility for the security of their assets. U. SMOKING: No smoking,explosives,flammables or other dangerous items will be allowed at EVENT. V. FIRE EXTINGUISHER: All PARTICIPANTS with exhibit tents are required to have a 2A-10BC fire extinguisher in their booth. PARTICIPANT must provide fire extinguisher. W. WARBIRD ORGANIZATIONS: We encourage the participation of warbird and vintage aircraft displays. In recognition of their fundraising efforts via novelty sales to promote and underwrite their participation, each participating warbird aircraft may install one small location next to their aircraft in order to sell retail items only pertaining to their aircraft. Any other aviation merchandise or convenience sundries are considered contractual conflicts and violations. Funds obtained from donations, tours,and cockpit photos are permitted. X. MILITARY RECRUITEMENT AND RESERVES: We salute and encourage the important participation of various military entities at our EVENT and recognize the primary participation is to promote awareness and opportunity. Any selling or offering of free water or other various beverages 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 are clothing,hats and any drinking vessels or bottles. Y. MILITARY STATIC DISPLAYS: We proudly salute and encourage any Armed Forces event static display participation. Under current DoD policy, any military personnel are prohibited from selling any merchandise at civilian air shows. No military static display squadron merchandise should be given away for free unless authorized by Alliance Aviation Management, LTD. No beverage or food related items should be sold or given away by military static display participants. Z. DONATIONS: Certified 501c3 organizations or bona fide government agency will be allowed to accept but not progressively pursue donations. AA. SALES AND PROMOTIONS: PARTICIPANTS 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 PARTICIPANT'S chalet guests are allowed in PARTICIPANT chalet areas only. BB. DISPUTES: All disputes, arising from any cause, among PARTICIPANTS, shall be settled by PRODUCER, whose decision shall be final. PRODUCER further reserves the right to discontinue any exhibit that is in violation of these conditions, and all rules governing PRODUCER.All points not covered here are subject to decision by PRODUCER. CC. 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, firearms, skate boards, scooters or in-line skates allowed on EVENT grounds. Helium filled objects of any kind are not permitted on the EVENT grounds. Exhibit B Deadlines PARTICIPANT shall upload items pertaining to PARTICIPANT sponsorship package by using the online registration.Items immediately submitted upon registration will maximize sponsorship exposure. DEADLINE Registration August 9(after August 9, benefits excluded) Payment 30 days from Aventri.com registration date and no later than October 1. Benefits will activate once payment is received. Participant Agreement August 15 Logo August 15 EPS file only or high res JPEG(300 URL Link August 15 Program Ad August 15 Credentials Mailed to Participants September 20 PA September 20 Ramp Authorization Submittal September 27 Insurance Certificate September 27 Catering orders submitted to Spectrum October 1 Full payment of quote and final guest October 4 count due to Spectrum* * Balance of Catering payment due upon receipt of final invoice from Spectrum Note: Not all items listed above are included in all sponsor&exhibitor packages. Please refer to your specific package for benefit details.