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Home My WebLink AboutContract 43814 (2)>11V' bECRETARLiz,/ )1 i Y « (i)enTRACT Oa I-7 --oil LICENSE AGREEMENT FOR TAKE ME FISHINGTM Recreational Boating and Fishing Foundation, a non-profit organization doing business at 500 Montgomery St., Suite 300, Alexandria, VA 22314 (hereinafter "Licensor"), and The City of Fort Worth, a home -rule municipal corporation of The State of Texas, doing business at 1000 Throckmorton Street, Fort Worth, TX 76102 (hereinafter "Licensee"), enter into this License Agreement as of the date set forth below. NOW, THEREFORE, in consideration of the foregoing and the terms, covenants, and conditions set forth below, the parties agree as follows: DEFINITIONS 1. "TAKE ME FISHING Mark(s)" as used herein shall mean the Take Me Fishing logo; the Take Me Fishing logo with call to action; the Take Me Fishing logo with web address; the Take Me Fishing logo with National Fishing & Boating Week tag line; and/or the Take Me Fishing logo with .org, namely takemefishing.org (stylized), all shown below: TAX : E, PIE r ,- . OE t3 TAZE NIF RISKING' takemefishing.org TAXF 1E FO5HIN6m National Fishing & Boating Week Inv 1 tI.na A TAKE ME FISHING" TAKE ME FISHINGtm takemefishing.org TAKE t1E FISHING Winans, Fishing 1, aOAling Wnb ; t Jot F 2.. "Goods and Services" as used herein shall refer to advertising and marketing materials produced and used by or for the Licensee from the date this License Agreement is fully executed through the date on which the License Agreement expires for the purpose of promoting awareness of and participation in events and programs offered by the Licensee that are designed to foster in members of the public, particularly children, an awareness of and interest in recreational fishing in and around the City of Fort Worth. (Above please specify the item on which the mark will appear and the duration of use— starting and endin 1 PO w OFFICIAL RECORD dat:. Y SECRETARY Ft■FOR 11 tJ tip TA RIGHTS GRANTED 3. Licensor grants Licensee a non-exclusive license to use the TAKE ME FISHING Mark(s) in connection with the Goods and Services defined in paragraph 2. 4. Licensee recognizes that Licensor is the sole and exclusive owner of all right, title, and interest in and to the TAKE ME FISHING Mark(s). All use of the TAKE ME FISHING Mark(s) shall inure to the benefit of Licensor. Licensee, by this License Agreement or by use of the TAKE ME FISHING Mark(s), shall acquire no right, title, or interest in or to the TAKE ME FISHING Mark(s) or the goodwill associated therewith. 5. Licensee agrees not to contest, challenge, or attack Licensor's rights in the TAKE ME FISHING Mark(s) or the validity of this License Agreement. 6. Licensee agrees to comply with the appropriate guidelines for proper use of the TAKE ME FISHING Mark(s) attached as Exhibit A. 7. Licensee will use the TAKE ME FISHING Mark(s) only in connection with the sale, distribution, and promotion of the Goods and Services as identified in Paragraph 2. QUALITY CONTROL 8. Licensee agrees to offer any goods or services under the TAKE ME FISHING Mark(s) in full accord with all applicable national, state, local, and other laws and regulations. 9 Licensee agrees to use the TAKE ME FISHING Mark(s) only in connection with the sale, promotion, and distribution of Goods and Services related to the promotion of recreational boating and fishing and to maintain the quality of such Goods and Services at a level at least as high as the current acceptable standards of quality prevailing in the boating, fishing, and conservation industries. 2 10. To ensure that Licensee exercises proper quality control over the goods and services it offers under the TAKE ME FISHING Mark(s), Licensee shall provide to Licensor, on an annual basis, representative samples of Licensee's products, labeling, and advertising using the TAKE ME FISHING Mark(s) in connection with such goods and services. Representative samples must be submitted electronically along with the application for the license agreement, and then electronically through Licensor's website each year thereafter. 11. To the extent allowed by law, Licensee shall indemnify and hold Licensor, its affiliates, subsidiaries, agents, and assignees harmless from any liability, loss, damage, or expense (including reasonable attorney's fees and court costs) incurred through third -party claims relating to Licensee's Goods or Services offered or sold under the TAKE ME FISHING Mark(s) or advertising of the Goods or Services offered or sold under the TAKE ME FISHING Mark(s) throughout the term of this License Agreement. Nothing contained herein shall ever be construed so as to require Licensee to create a sinking fund or to assess, levy, and collect any tax to fund its obligations under this paragraph. TERMINATION 12. This License Agreement is entered into for a period of three (3) years. After the expiration of this License Agreement, the parties are free to negotiate a new agreement. 13. In the event that the United States Fish and Wildlife Service (USFWS) elects to dissolve the Licensor, all ownership and Licensor rights to the TAKE ME FISHING Mark(s) will revert to the USFWS. In this instance, the License Agreement between the Licensee and Licensor will terminate. A subsequent license agreement will need to be negotiated between the Licensee and the USFWS. 14. Licensor may terminate this License Agreement upon thirty days written notice to Licensee in the event of a breach of a material provision of this License Agreement, provided that Licensee fails to cure the breach during that thirty day notice period. Failure to maintain such minimum quality set forth in Paragraphs 8 and 9 above shall be grounds for termination of this 20. Nothing contained in this License Agreement shall be construed to place the parties in the relationship of partners, joint venturers, or agents, one for the other, and neither party shall have the power to obligate or bind the other in any manner whatsoever. 21. This License Agreement is binding on the parties hereto, their subsidiaries, divisions, and all those acting in concert or participation with them or under their direction or control. 22. No failure or delay by either party to this License Agreement at any time to enforce any provision of this License Agreement or exercise any rights or remedies in this License Agreement shall be construed as a waiver or relinquishment of any such provision, right or remedy; and the License Agreement and all of its provisions shall remain in full force and effect notwithstanding any such failure or delay. 23. No amendment or modification to this License Agreement shall be valid or binding upon the parties unless made in writing and signed by both parties. This License Agreement embodies the entire understanding of the parties with respect to its subject matter and merges all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject of this License Agreement. 24. This License Agreement may be signed using one or more counterparts, each of which when signed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. This License Agreement shall be enforceable upon the exchange of facsimile signatures and shall be effective only upon Licensor's written approval. IN WITNESS WHEREOF, each of the parties has caused this License Agreement to be executed by its duly authorized representative on the dates set forth below: RECREATIONAL BOATING AND FISHING FOUNDATION Licensor (RBFF) authorized representative By: Title: Date: d 1 9>4 CITY OF FORT WORTH Licensee authorized representative I By: Title: Assistant City Manager Date: iof»/ J Licensee Contact Information First Name: Sheri Last Name: Endsley Company: City of Fort Worth Title: District Superintndent Southwest Region Department: Parks and Community Services Department Email: endsley.sheri@fortworthtexas.gov Address 1: 4200 South Freeway Suite 2200 Address 2: City: Fort Worth Phone: 817.392.5726 Please indicate your organization type: O State Agency o Federal Agency O Boat & Equipment o Manufacturer Boating Retailer o Fishing Manufacturer O Fishing Retailer State: TX Zip Code: 76115 Fax:817.392.5736 Marina, Outfitter, etc Education Organization Conservation Organization O C1ub O Media Fishing Guide / Charter Pro Angler / Fishing Personality APPROVED AS TO FORM AND LEGALITY: ATTEST: City Secreta( 1 _1 allach, Assistant City Attorney NO M &C lag .0.111.12 .41rat cOnikb,1 kibtfaCt--Q-84' °O00000°�� 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX I:r :iZr .°si 1c )�• .i�I ttNit • t J a '. 1 1 14 ►k Exhibit A TAKE ME FISHING' Logo Usage: 6uide d' • TheTakeMeFishing"iogoestablisties a brand ident ityforthe n aiona►l outreach campaign producedtosupportthe Recreational Boating Fishing Foundation's (RBFF) mission of increasing participation in recreational boating and fishing. Theriationalcam paignisanchorecbytheTakeMeFishing bran cia c8 themosteffiectivewaytoprornotethebra ndisthroughconsistentuse ofthelogo.Consistentusebuildsfamiliaritywiththebrandhelpsto reinforce it and, thus, provides brand integr-i yt RBFF offers its stakeholders a royalty -free, non-exclusive licensetousetheTakeMeFishinglogo.Totakeadvantageofthe Take McFishiri f campaignthroughtheusenfthelogo,stakeholders mustreviewartd acceptthelicensingter-rnssetforthbyRRFF.fhe licensingterrns,which incorporateiheTakeMeFishinclusa90 g uidelin es,areavaila bl eathttp://mvw.rbft:org/I icon si ng.Fail ureto abidebytheselicensingconc itiorlsaridilcgousagegurclelineswill result in revocation of the license. Forapprovaltousethelogo,pleasesubmitthecompletedlicense ag reer-nenta p plicationandprovidetearsheetsorelectronichles ,� ii totheRecreational Boating&Fishing Foundation. Photos are acceptableforoversizedoraWkWard match als.> \Iltearsheets orelectronicl"ilesrnaybesubmitted electronicallyalongwith thelicense ac reem an t. sam le mateC1als can bee -mailed to permissionsrcvrbff.org or mailed to: Recreational Boating & Fishing Foundation SOO Montgomery Street, Suite 300 Alexandria, VA 22314-2081 If you have any questions concerning the Take Me Fishing' logo or logo usage guidelines, please contact the RBFF Marketing Department at 703.519.0013 • • l of 8 I1 i ,�' ;�,' -yri �� rL 1:ik pine'fj,r,inEJ.0rE] • 4 Observea MINIMUM SlZEof no smaller than two inches wide 1 • 0 • f R TA ;roc .A3±1rJJJ1'0_ -.11;fri 2 INCHE3 fakc'niefichingrarg p • EMT General Guidejjnes Theseguiclelinesareintendedio providetheuserfstakeholderwithaa le • . providing the graphic co11sisten necessary p �exabilrtywl�iie � cessa ry to maintain brand integrity TheTakeMeFIsl11n'g��° g �� I� � is * +TakeF• available ilabie in several versions for rin Me . ishing only (stacked or hors p and e u se. ai Take Me Fishing'with horizontal) Web URL address .Tad Me Fishing's with National Boating Se Hsiitng Week tagline TheTakeMeFishirtg►logornusra@tea ysbectUsplayedwitI1themsyrnbol(Tak t tl�esubs�uentpagesfor-e�caniles."r Derr .� el~.�e�ishang �.�ee are two -col p fourcrlorPhotoshoptiogois refe e or- vector and one scolor vector logos a� p u dfl�owe er,#hea�e The logo � wadable when required. nest never be distorted or altered in any manner. COLOR PleasebesUa'ethattheTakeMeFishing l' �' ogohassucientcontrastsoastobe against its background, clearanlegihle • When using tlietwo-col o -ve r ctor~logos„ use onlyfM5 3282 i r'een a PLACEMENT AND SIZE 4 The Take Me Fishing' logo es always • p l�elogoisnott #� y reads horizontally. n ende�c tobeincarpo,rateciintc other-c starbursts, etc) 1a'aphresnapese,g,,insicfesni or p • iheTakeMef~ishingglogocanbeus , �`� logo shouldedinconjunctionwithotherlo c sinco. o g be no less thano�� of the size g psitu at�cns: r lie * Ti�elogoestntea�decltc►l�a�eas Eye of any others logo being used. t peci fiedfree spaces h is protec tecia r o� they r'�.►�� text. Pi ease be sure t$� • eaasegui�aler�ttothehel i�t • atall ohergraphlcs and/or�text is outside g �fhenuseciia�broacieast,the10. ra�r�crs tsacie this free area. g trompriseatleast25% ofth eon _s cr ee l'' for no less than three seconds. aF��ageandapp ear 'ill applicable print restrictions apply as well. height ofiTMF text F e rer� uiredfreespace • 41 If you have any questions concerning the Take Me Fishing" logo guidelines, please contact the RRFF Marketing Department at 703.519.0013. 2 of 8 PRIMARYTAKE ME FISHING'" LJGOS - PHUT OSHOP'R STACKED LOGOS LARGE TEXT .GRAYSCAI'E tot Li FHA rim 4 • 5 H FOUR-COLOR PROCESS STACKED LOGOS — LARGE ICON 'G R AYS CAI►E IN Fi ;31 114:::fi • r-- FOUR-COLOR' PROCESS � ,e, f 1 lif'1.J A iLt J d• J C'lI L'u'7�• HORIZONTAL LOGOS GRAY.SCALE I KE lit i ifro FOUR-COLOR; PROCESS se 2 f • JUTI7 OND.ARY17AKE L `TAc: KEL) LOGOS - LARGE TEXT GRAYS TAKE ME FISHING" • TWO—COLOR: PMS 3282 + P NIS 146 TAKE ME FISHING" F c.- 1.II J •. OLO F: PR • Cr Ii' S - ILLUSTRATOFF HORIZC)NTAL LOGOS 1. 4RAY ,..,:_. LE TAKE ME FISHINGTh TWO—COLOR; PMS 3282 + PMS 146 TAKE ME FISHING'" ilso\14-91:0 f SI Fltr—;;110,Lre STACKEDLOGQS LARGE ICON • TAKE ME FISHING` TWO—COL.OF.: P,'vi.:' :s,. i3z + P.MS 146 TAKE ME FISHIN6" TAK€ ME FO5HQ4JCTh • 4 of 8 PRIMARYTAKE ME FISHING'"' LOGOS PHOTOSHOP® + URL STACKED LOGOS - LARGE TEXT GRAYSCAIE ifs 1'ir 7r takemeFlsPiing.org FOUR-COLOR PROCESS .F; takerneI9shhi j.orq STACKED LOGOS - LARGE ICON GRAYSCALE • T,i\KIE ME F3r • GI] " I d ki'ni L_!iSIi is t. ee m — HIM -•--. _Wile l • FOUR-COLOR PROCESS KIE d iriki WV" Paketlief fiitiy,ary t. t HORIZONTAL LOGOS eGRAYSCALE TAKE ME Fi E. _ I t lemePikhing, Dry FOUR-COLOR PROCESS - M� FOSHI f r,kF'I11N) ihilintj,4ir`tj 5 of 8 SECO NDARYTAKEMEFI SF-IINCLOGOS ILLU STRATOF?+URL • STACKED LOGOS - LARGETEXT GRAYSCALE TAKE r 1s IINGTh takeuuie isIiiuq fll-(J T K -COLOR: NOS 3282 + MIS 146 TAKE ME FISHINE takemefishimj ortj FODUR-COLOR PROCESS _ i / !, 1 j_ �.\ ra: 'Pe& Ej 1 -11 ij takesiaerfsl hNiy.orq HORIZONTAL LOGOS GRAYSCALE TAKE ME FISHINE fakenwf5hirlq.ary TWO-COLOR: PMS 3282 PMS 146 TAKE ME FISHING" to ke fi) eFI 51)10;g, 01•4 FOUR-COLOR PROCESS r iftAkk: takemefrshing,onj STACKED LOGOS - LARGE ICON • • GRAYSCALE • TAKE ME FISHIN"r; takers efhliingporg TWO-COLOR: PMS 3282 + PMS 146 TAKE ME FISHING" takenieflshing.ory FOUR-COLOR PROCESS TMIE 51F. takemerishing,Qry 6 of 8 • PRIMARY 1TAKE ME FISHINC LOGOS- PHOTOSHOP'» + NATIONAL FISHING & BOATING WEEK TAGLINE STACKED LOGOS - LARGE TEXT GRAYSCALE ir t National Fishing 6 Healing Week Off_ •It- - FOUR-COLOR PROCESS rei rr • I Is :I National Fishing L Liu :II l»�� '►r•�,�' .��l, ,. __I„__ ._ nhI-t ,I•l. , .,.. tilt .._,.... ,.....• ... STACKEDLOC,OS-LARGEICON GRAYSCALE • TAXE ENE FJSHUE NNatiaral F+sh:nq G Eo rinq Week FOUR-COLOR PROCESS tigilir\H(E 111E IFASC-111 flaticnai F Ming &, yantrnq Wee, HORIZONTAL LOGOS GRAYSCALE TAXLE ME ESHIrir Pw tinnnl Fj,hi►rr; ti R intir,cg idol k FOUR-COLOR PROCESS 1t, re. iriziaS41146PA tinhnonl Fishing G Boeting'il k SFCONDARYTAKEMEFISHING"i.OGOS ILLUSTRATOR" + NATIONAL FISHING & BOAT[ING TAGLINE STACKED LOGOS -LARGETEXT GFIAY;CALE • TAKE ME FIS �INGTM National Fishing & Boating -Week lune 1-June 8 ' 46 TAKE ME FISHINE !National Fishing G 8oatmy Week lune 1- Iune 8 FOUR-COLOR PROCESS • 1 IM II JIR U1. National Fishing & Dealing Week June 1- June 8 HORIZONTAL LOGOS F:AY' :: A.LE TAKE ME FISHING" PHotioiinl G Uoclinti 1,00.pk lunp i-lune.a 1-1/01r_; 0LOR. PNI,5 3282 + PMS 146 • TAKE ME FISHING'" tli7tionnI hint'f, Li oat ingWeek lone I-lune U FOUR-COLOR PROLES STACKED LOCOS -LARGE ICON! ; RhYS'. LE TAKE ME FISHINE 41 a tiai KiI t Elblag ! tln.►h, ►►14 OPE; lithe 1—how 8 TWO- CoLOF:: F',MS 3,282 + PM$ 146 TAKE ME FISHING'" $ tlnna l 1 ! U natin j w,rk Ivn► t -It rr l :La:FEMME (National Fishing & Doatinrj Week lune 1—lune B F,' )I I F:-4.:!'_"Lr.-' F; F'F:i C E S `Tr7r t I± IlilE Efl5FUQfftctSPw q .. nli nnv►I 1 L hl nq u atli, 9 week Imo i-Iune J • 8 of 8