Resolution No. 01-58 CITY OF TIGARD,OREGON
v13SOLUTION NO.O1
A RESOLUTION REVISING THE PROCEDURE TO GRANT CITY SPONSORSHIP TO
COMMUNITY EVENTS AND REPLACING RESOLUTION NO.00-01.
WHEREAS,various groups organize and put on community and cultural events for the benefit
of the citizens of Tigard;and
WHEREAS,the City of Tigard from time to time offers support for some privately organized
and operated events in the form of cash payments,in-kind services,fee waivers,and/or access to
City facilities or insurance;and
WHEREAS,it would be appropriate for the City to support certain privately organized and
operated events as a sponsor due to the number of Tigard citizens participating or volunteering
for the event,the role of the event in creating a greater sense of community in Tigard,and the
economic,artistic,and cultural benefits of the event to Tigard residents and businesses;and
WHEREAS,City sponsorship,with a commitment for long term participation,improves the
ability of event organizers to plan for the long term and to obtain other sponsors and financial
support;and
WHEREAS,the City did establish three sponsored community events in 2000 by way of
Resolution No.00-20 for the Tigard Festival of Balloons,Resolution No.00-21 for the Tigard 4`h
of July Event,and Resolution No.00-22 for the Broadway Rose Theatre Company.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The procedure for City Sponsorship of Cultural Events,included in this
Resolution as Attachment A,is hereby adopted. The procedure adopted by
Resolution No.00-01 shall no longer be in effect.
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Section 2: The standardized agreement form,included in this resolution as Attachment B,is
hereby adopted as the agreement form that the City shall use for agreements with
organizers of sponsored events. The standard form may be modified on a ease-
by-case basis to fit the particular circumstances of a sponsored event.
Section 3: This resolution is effective immediately upon passage.
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PASSED:This Q4—' day of 2001.
jayor Ci o gard
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ATTEST:
City Recor er-City of TigArd
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Page 1—RESOLUTION NO.01- g,
ATTACHMENT A
CITY SPONSORSHIP OF CULTURAL EVENTS
I, The City of Tigard will formally recognize by Council resolution those community and
cultural events that it wishes to sponsor. Sponsorship will continue until terminated
under the terms of the sponsorship agreement. All sponsored events shall remain the
responsibility of the event organizer and are not official City events.
1 City sponsorship may include City support(cash payments,in-kind services,fee waivers,
and/or access to City facilities or insurance),as identified in the sponsoring resolution. If
City sponsorship includes cash payments,the sponsoring resolution will identify a target
funding amount. A target amount may be adjusted,however,during the City's annual
budget process. City sponsorship may include coverage by the City's insurance policies
only with the written approval of the City's Finance Director and Risk Manager.
3. In identifying events for City sponsorship,the City will consider the following factors:
a. The number of City residents participating in the event.
b. The number of City residents volunteering for the event.
C. The role of the event in creating a greater sense of community and Tigard
identity.
d. Economic,artistic,and cultural benefits of the event to Tigard residents and
businesses.
e. The level of support for the event raised from other sources.
f. The event is held within the corporate limits of the City of Tigard.
4. The City may require events sponsored by the City to list the City as a sponsor in
publicity and promotional materials that list sponsors. The City may require the event to
include the City's logo on any materials or displays that display other sponsors'logos.
5. Non-sponsored events may be considered for funding during the City's annual budget
process on a year-to-year basis.
6. The organizer of a sponsored event shall be required to enter into a sponsorship
agreement with the City.
7. The sponsored event and the organizer of the sponsored event are independent of City
control and have no authority to act for the City. The sponsored event and organization
are not agents,employees or officers of the City for any purpose.
8. The City may review sponsored events and the actions of the organizers of sponsored
events at any time to determine continued compliance with agreements,sponsoring resolutions,
and applicable code provisions and may take appropriate action,including termination,for
noncompliance.
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ATTACHMENT B
SPONSORSHIP AGREEMENT
This sponsorship agreement is between the City of Tigard,an Oregon municipal
corporation(City)and .a (Organizer).
RECITALS
a. Organizer is the organizer of the (the Event)and has asked
the City to be a sponsor of the Event. Although open to the public,the Event put
on by Organizer is a private event and not an official City event.
a. City has passed a resolution which provides procedures and policies for City
sponsorship of events.
b. City has passed a resolution which authorized City sponsorship of the Event,
subject to execution of this Sponsorship Agreement.
C. City and Organizer have agreed to the scope of the City sponsorship and the
relationship between the City and Organizer as set forth below.
AGREEMENT
1. (OPTIONAL-to be used if the City requires Organizer to provide insurance. Not
applicable if City provides insurance.) This agreement shall be effective when Organizer
provides certificates of insurance as required by Section_below.
2. This agreement shall remain in effect until terminated as provided in Section_below.
3. City shall reimburse(pay)Organizer up to for fiscal year ,for costs
incurred to put on the Event,as provided for in Resolution . Payment
shall be made only after Organizer provides proof that the costs have been incurred and
paid by the Organizer and were costs of the Event. (Payment shall be made no more than
60 days prior to the Event to pay costs of the Event.) The amount of funds,if any,that
the City will provide for future fiscal years shall be determined by the Tigard City
Council in its sole discretion.
SPONSORSHIP AGREEMENT
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4. A. (OPTIONAL) City shall make the following City facilities available for use by
Organizer:
The dates and times of use of the City facilities shall be specified in a permit that must be
applied for at least^days before the Event. All fees for the permit may be waived.
B. (OPTIONAL-PROBABLY FOR BALLOON FESTIVAL ONLY)Organizer
shall have the right to use the following areas of Cook Park for the duration of the
Event:
(attach map)
During the period that Organizer has the right to use these areas,Organizer may
determine who may engage in commercial activities within these areas.For all other areas
Organizer shall have no right to exclude persons or prevent them from engaging in
commercial activity.
To provide security for equipment,goods and other property of Organizer during the
Event,camping within the exclusive area is permitted to Organizer and those permitted to
camp by Organizer. This section constitutes the camping permit authorized by TMC
Section 7.80.020.
5. (OPTIONAL) City shall provide the following in-kind services to the Organizer:
(FOR BALLOON FESTIVAL)City shall police Cook Park during the Event.
Organizer shall have no right to control or direct City police operations and City
employees. Nothing in this section relieves Organizer from responsibility for
damage to City property or other property resulting from the Event.
City shall provide litter clean up for the Event within Cook Park. Organizer shall
have no right to control or direct City employees. Nothing in this section relieves
Organizer from responsibility for damage to City property or other property
7 resulting from the Event.
SPONSORSHIP AGREEMENT
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6. (REIMBURSEMENT ALTERNATIVE) If the Event does not take place because of
weather or other reason outside the control of the Organizer,the City may reimburse
Organizer for expenses incurred by Organizer prior to the cancellation up to the amount
stated in Section 2. If the Event is canceled by Organizer for reasons within Organizer's
control,the City shall not pay any funds to Organizer and Organizer shall return to the
City all funds paid by the City to Organizer in connection with the canceled Event within
ten(10)business days of the cancellation.
(PAYMENT ALTERNATIVE) If the Event does not take place because of weather or
other reason outside the control of the Organizer,Organizer shall repay the City the
amount paid pursuant to Section 2,provided however,that Organizer shall not be
required to refund any amount actually expended for the Event before cancellation. In
determining whether proceeds from the City have been expended,Organizer shall balance
expenditures for the Event against revenue related to the Event,and all excess income up
to the amount stated in Section 2 shall be used to repay the City.
If the Event is canceled for any reason,the City shall not provide any in-kind services
after the date of cancellation. If the Event is canceled for any reason,the City's facilities
shall be available to the Organizer on the same basis that they are available to any other
person or entity.
If the main location of the Event moves outside the City limits of the City of Tigard for a
given year,the City may terminate or reduce payments and/or the provision of services as
it determines appropriate. The termination or reduction shall be decided by the City
Council in its sole discretion.
7. Organizer shall identify City as a sponsor of the Event and Organizer shall provide the
following rights to City:
(Include as appropriate)
A. The right to have a booth at the Event.
B. The right to have banners at the following locations: (list)
such banners to be provided by Organizer and to be of a size and design chosen by
City and placed in accordance with City's directions.
C. The right to have (number)additional signs at locations specified by
City and at a distance of at least (number)feet from other signage,such
signs to be provided by Organizer.
D. The right to signage on all courtesy vehicles,if any,used by Organizer in
connection with the Event.
SPONSORSHIP AGREEMENT
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E. The right to credit as follows in all print advertising of a size larger than
(number)square inches placed by Organizer in connection with the Event:
inclusion of City as listed sponsor.
F. The right to be named in all press releases issued by Organizer.
A. The right to be listed in any list of sponsors or to be included in any
acknowledgment of sponsors.
H. The right to (number)pages of advertising in the official program
produced by Organizer.
1. The right to have the City logo displayed on an equal basis with other sponsors.
J. The right to use photographs and film of this Event generated by the City,its
employees,agents or volunteers.
K. The right to erect a courtesy tent or host a similar area at the Event at a location
designated by Organizer.
L. The right to make public address announcements during the Event.
Nothing in the identification of the City as a sponsor shall state or imply that the
Organizer is an agent of the City or that the City is responsible in any way for the Event.
8. Organizer shall provide sufficient means by which the public may obtain information
about the Event,including but not limited to adequate phone lines to handle inquiries
about the Event. The information phone lines shall be answered by a person or by a
message that includes Event location,schedule and pricing information. Organizer shall
provide City a written public information and communication plan at least 90 days before
the Event. The City may require revisions to the plan. If Organizer fails to provide a
plan or to comply with the plan,the City may terminate this Agreement,suspend or
reduce payments,or deny Organizer the use of City facilities or services. City's only
obligation to provide information about the Event shall be to provide the Event&
information telephone number and/or web site address.
9. Food and Beverage Service.
A. Warranty. Organizer represents and warrants that it will cause all food and
beverage vendors to represent and warrant,as a condition of their participation in
the Event,that they will comply with all food service,sanitation and other
regulations applicable to their services at the Event.
SPONSORSHIP AGREEMENT
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B. Alcohol. If alcohol is served at the Event,Organizer will use its best efforts,and
will cause its vendors to use their best efforts,to comply with all applicable laws
and regulations,including City regulations,regarding the service of alcohol to
intoxicated or underage persons,and to encourage the safe use of alcohol.
C. Proof of Liquor Liability Coverage. If alcohol is served at the event,Contractor
shall provide proof of Liquor Liability coverage regaired by Sections 13 and 15 of
this Agreement.
D. Music. Organizer represents and warrants that all music played at the Event,
whether live,recorded or publicly broadcast,will be duly licensed for public
performance by ASCAP,BMI,SESAC or such other performing rights societies
or copyright owners as may be required by law,or else in the public domain.
Organizer will indemnify and hold City harmless from and against any liability
arising out of the performance of music at the Event.
10. The City and Organizer enter into this agreement at arms-length and their only
relationship is contractual. Neither party is an employee,agent,partner,or co-venturer in
relationship to the other. Organizer is and remains an independent entity and has no
authority whatsoever to act for the City. Organizer is not an officer,employee or agent of
City as those terms are used in ORS 30.265 Organizer's officers,employees and agents
are not the officers,employees,or agents of City those terms are used in ORS 30.265.
Organizer,its employees and officers shall not hold themselves out either explicitly or
implicitly as officers,employees or agents of City for any purpose whatsoever,nor are
they authorized to do so. Organizer shall include a provision that it is not an agent of the
City in all contracts it enters into with third parties.
11. Organizer is solely responsible for the organization and operation of the Event and
accepts responsibility and liability for all personal injury,property damage,and other
damages arising from or related to the Event. The City has no responsibility for the
organization or operation of the Event. To the fullest extent permitted by law,Organizer
agrees to fully indemnify,hold harmless and defend the City,its elected and appointed
SPONSORSHIP AGREEMENT
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officials,employees and volunteers from and against all claims,damages,losses and
expenses incidental to the investigation and defense thereof,based upon or arising out of
or incidental to damages or injuries to persons or property,in any way related to the
Event,or any activity associated with the Event,except for claims,damages,losses and
expenses that are solely attributable to the actions of the City. Organizer's agreement to
indemnify,hold harmless and defend the City extends to all claims damages,losses and
expenses caused by or alleged to be caused by the fault or negligence in whole or in part
of Organizergiagents,contractors,sub-contractors,employees or any third-parties that are
in any way related to the Event. This provision is essential to the City's agreement to
sponsor the Event and may not be severed from this agreement. [OPTIONAL--This
indemnity extends to but is not limited to all claims,damages,losses and expenses
relating to operation of hot-air balloons,the operation of any carnival rides or games,and
the sale or consumption of food or drink in connection with the Event.] [OPTIONAL X
This indemnity extends to but is not limited to all claims,damages,losses and expenses
relating in any way to fireworks,including injuries or damage resulting from explosion,
fire,noise,shock or other direct or indirect effects of fireworks whether or not the
damage or injury occurred from a planned or unplanned use or explosion.][OPTIONAL-
FOR CITY INSURED EVENTS X Nothing in this paragraph shall be interpreted or
applied to reduce or limit in any way the insurance coverage provided by the City under
Section 14.
12. Organizer shall include in all Event-related contracts with third parties a provision
requiring the third party to defend,hold harmless,and indemnify the City as to any claim
arising from the actions or negligence of the third party and shall include in those
contracts a provision requiring the third parties to maintain adequate liability insurance
naming the City as an additional insured. Organizer shall require written contracts of all
third parties that provide food or beverage service,rides,fireworks displays,or that
operate balloons and shall require that the insurance match that required of Organizer and
be appropriate to the type of service or goods provided. Organizer shall require any third
party serving alcohol at the event to obtain Liquor Liability coverage. Limits for Liquor
Liability coverage must match the limits required of Organizer for Commercial General
Liability coverage. The Liquor Liability endorsement must be attached to the certificate
of insurance provided to the City. Organizer shall provide City with the name,address
and phone number of all third parties with which it contracts,a general description of the
work the contractor will perform,a copy of each contract,and a certificate of insurance.
Organizer shall also provide City with the name,address and phone number of all other
sponsors of the Event.
13. (If applicable).Organizer has chosen to use City property and facilities for the Event
based on Organizer's inspection of the property and facilities and determination that the
property and facilities are appropriate for the Event. Organizer accepts that the City is
not responsible for any defects,imperfections,or lack of suitability of the City property
and facilities.
14. During the term of this sponsorship agreement,Organizer shall purchase and maintain
insurance of the types and in the amounts specified in this section. Organizer shall
SPONSORSHIP AGREEMENT
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furnish acceptable certificates of insurance to City at least 60 days before commencement
of the Event,or within ten(1 O)days after execution of this agreement if this agreement is
executed less than 70 days before the Event. Certificates of insurance must be provided
to the City prior to any payment or furnishing of facilities or services by City. Organizer
shall indemnify City for any liability or damages that City may incur due to Organizer's
failure to purchase or maintain any required insurance. Organizer shall be responsible for
the payment of all premiums and deductibles. Organizer shall maintain insurance of the
types and in the amounts described below.
A. General Liability Insurance(Not applicable to Events for which City provides
insurance)
Organizer shall obtain,at Organizer's expense,and keep in effect during the term
of this agreement,Comprehensive General Liability Insurance covering Bodily
Injury and Property Damage on an Aoccurrence-form(1996 ISO or equivalent).
This coverage shall include Contractual Liability insurance for the indemnity
provided under this agreement. The following limits of insurance will be carried:
Coverage Limit
General Aggregate $1,000,000
Products-Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage(Any one Fire) 50,000
Medical Expense(Any one Person) 5,000
Employers Liability 500,000
B. Liquor Liability Coverage
If alcohol is to be served at the event,Liquor Liability coverage will be endorsed
to the Commercial General Liability coverage. Limits for Liquor Liability
coverage will match the limits provided for the Commercial General Liability
coverage. The endorsement must be attached to the certificate of insurance
provided to the City.
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C. Commercial Automobile Insurance
SPONSORSHIP AGREEMENT
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Organizer shall also obtain,at Organizer's expense,and keep in effect during the
term of this agreement,ASymbol 1"Commercial Automobile Liability coverage
including coverage for all owned,hired,and non-owned vehicles. The Combined
Single Limit per occurrence shall not be less than$1,000,000. This requirement
applies if the Organizer provides transportation to or from the event for
participants.
D. Workers Compensation Insurance
Organizer shall provide coverage for all employees coming under the scope of
State Workers Compensation laws. This shall include Employers Liability
Insurance with coverage of not less than$500,000 per accident.
E. Additional Insured Requirement
The City of Tigard,its officers,directors,employees,and volunteers shall be
added as additional insured with respect to the Event. All Commercial General
Liability insurance policies will be endorsed to show this additional coverage.
F. Insurance Carrier Acceptability
An insurance company acceptable to the City of Tigard must underwrite
coverages provided by the Organizer.
G. Evidence of Insurance
As evidence of the insurance coverage required by this agreement,the Organizer
shall provide a certificate of insurance to the City. No use of City facilities,
payment or other benefit will be provided by the City to the Organizer until the
required certificates have been received and approved by the City. The certificate
will specify and document all provisions required by this agreement. A renewal
certificate will be sent to the City 10 days prior to coverage expiration.
H. Cancellation Provisions
Coverage may not be canceled or materially changed without 30 days'written
notice to the City. The notice of cancellation provision shall be physically
1 endorsed on the Commercial Ge„eral Liability policy.
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Failure of City to demand such certificate or other evidence of full compliance with these
insurance requirements or failure of City to identify a deficiency from evidence that is
a provided shall not be construed as a waiver of Organizer's obligation to maintain such
insurance.
(FOR 4—OF JULY FIREWORKS ONLY)The City agrees to include the Event as an
insured activity under its existing liability insurance policies.
SPONSORSHIP AGREEMENT
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The insurance required under this Paragraph shall require the insurer to give City not less
than thirty(3 0)days'notice prior to termination or cancellation of coverage.
Organizer shall require all entities it contracts with to provide service at the Even`to
provide insurance with the same limits required of Organizer.
15. Organizer shall adhere to all applicable federal,state,and local laws,regulations,
executive orders and ordinances and obtain all required permits. Required permits may
include but are not limited to:
Park Reservation Permit
Parade Permit
Noise Limit Permits
Liquor Licenses
Food Handler Permits
Public Assembly Pennits
Fees for permits for the Event may be waived.
16. Notices. All notices required or permitted to be made under this Agreement shall be in
writing and shall be deemed to have been duly given when delivered or sent by prepaid
certified or registered mail or fax:
If to Organizer,to:
(Address) (Fax)
If to City,to:
(Address) (Fax)
or such other address as either party may designate in writing to the other party for this
purpose.
17. Other Warranties. Organizer represents and warrants that:
j A. Organizer has the full right and legal authority to enter into and fully perform this
i Agreement in accordance with its terms without violating the rights of any other
person;
B. Organizer9trademarks do not infringe the trademarks or trade names or other
rights of any other person;
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7 C. Organizer has all government licenses,permits or other authorizations necessary
to conduct the Event as contemplated under this Agreement;and
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D. Organizer will comply with all applicable laws,regulations and ordinances
pertaining to the promotion and conduct of the Event.
B. Organizer will ensure that all persons and entities it contracts with to provide
services or goods at the Event shall have the knowledge,experience and capacity
to provide the goods and services.
18. Records and Reporting
A. Organizer shall maintain a complete set of records relating to the Event,in
accordance with generally accepted accounting procedures. The records must be
maintained for at least three years from the date they are generated. Organizer
shall permit the authorized representatives of the City to inspect and audit all
work,materials,payrolls,books,accounts,and other data and records of
Organizer relating to the Event while this Agreement is in effect and for three
years after termination of this Agreement. The obligations imposed by this
section shall survive termination of this Agreement.
B. Organizer shall request funding on an annual basis for future years within the
City's established budget cycle. The request for funding shall include:
i. Financial statements from the previous year9Event.
ii. The budget for the Event to the year for which funding is requested.
iii. An Event schedule.
iv. A list of events associated with the Event.
V. The amount of ftmds requested and the purpose for which the funds will
be used.
vi. A list of all other services,facilities,or other benefits,that Organizer is
requesting from City.
C. Failure to comply with subsections A or B of this section shall constitute cause for
termination of this Agreement by the City.
19. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be
construed in accordance with the laws of the State of Oregon,except for choice of law
provisions. City and Organizer both consent to jurisdiction in the state and federal courts
located in Oregon. Organizer shall comply with the clauses required in every public
contract entered into in the State of Oregon as set forth in ORS 279.312,279.314,
279.316 and 279.320,which are hereby incorporated by reference.
20. Non-Assignment. Neither party shall assign this Agreement without the prior written
approval of the other party,except that City may assign this Agreement to any successor
entity.
21. Complete Agreement. This Agreement represents the entire agreement between the
parties and supersedes all other agreements,if any,express or implied,whether written or
SPONSORSHIP AGREEMENT
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oral. Organizer has made and makes no representations of any kind except those
specifically set forth herein.
22. Binding Agreement. This Agreement shall be binding upon the parties,their successors
and assigns.
23. This agreement may be terminated by mutual agreement of the parties. Either party may
terminate this agreement for no reason by providing notice of termination one year prior
to termination. Either party may tenninate this agreement for default by providing 30
days'notice. If the other party may cure the default and does so within 30 days,the
agreement shall not terminate. City may terminate this agreement without notice by vote
of the City Council if the City Council determines that it is in the public interest to do so.
Any breach of this agreement shall be considered a default. The indemnification
provisions shall survive termination.
24. Except for those responsibilities expressly reserved to the City Council,all rights and
duties of the City may be exercised by the City Manager or designee.
ORGANIZER SPONSOR
[Name] City of Tigard
[Signature] [Signature]
[Date] [Date]
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