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Home My WebLink AboutResolution - 2981 - Agreement - Fair-Play Scoreboards - Scoreboard System, Municipal Coliseum - 12_15_1988Resolution #2981 December 15, 1988 Item #22 HW:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement by and between the City of Lubbock and Fair -Play Scoreboards, a division of Fairtron Corporation, for a scoreboard system and related equipment, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 15th day of December 1988. 14 -B.C. McMIIN, MAYOR —ATTEST: Kanerye boya, city secretary — APPROVED AS TO CONTENT: ez Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: Harold Willard; Assistant City Attorney * c Resolution #2981 December 15, 1988 Item #22 DWM:dw AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT BETWEEN FAIR -PLAY SCOREBOARDS, a division of Fairtron Corporation, hereinafter referred to as "FAIR -PLAY", and the CITY OF LUBBOCK, a Home Rule Municipal Corporation of the State of Texas, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, FAIR -PLAY manufactures scoreboard systems and related equipment; and WHEREAS, CITY desires to have installed in its Municipal Coliseum sports facility a scoreboard system and related equipment hereinafter referred to as "Scoreboard;" and WHEREAS, FAIR -PLAY is willing to construct, install and maintain at its own expense and convey to the CITY a Scoreboard as hereinafter described in consideration for the privilege of selling rights to display advertising thereon from time to time as hereinafter described, and CITY is willing to provide space in said sports facility for installation of such Scoreboard as well as all electrical power and conduit necessary for proper operation of said Scoreboard together with all steel structures and other facilities necessary for proper installation and operation of same; NOW, THEREFORE, for the consideration above described, and the further consideration of the mutual promises, covenants and conditions more particularly hereinafter stated, FAIR -PLAY hereby conveys to CITY, the Scoreboard more particularly described in Exhibit "A", attached hereto and made a part hereof. The parties hereto further agree as follows: 1. FAIR -PLAY TO INSTALL SCOREBOARD. FAIR -PLAY shall at its own expense construct and install said Scoreboard in said sports facility as directed by CITY. Said Scoreboard shall meet the specifications set forth in Exhibit "B", attached hereto and by reference made a part hereof as though copied herein in detail. Following installation, FAIR -PLAY shall at its sole expense, upon installation and from time to time thereafter as necessary train and instruct CITY personnel to operate the Scoreboard. 2. CITY TO PROVIDE NECESSARY SPACE FOR INSTALLATION AND OPERATION OF SYSTEM. CITY at its own expense shall provide an electric hoist necessary to operate the Scoreboard. The CITY shall also provide a room approximately 8'x 8' for installation of computer hardware necessary to operate said Scoreboard. 3. WARRANTY AND MAINTENANCE. FAIR -PLAY warrants that the Scoreboard will conform to the description and specifications contained in Exhibits "A" and "B". FAIR -PLAY further warrants that at no cost to CITY, FAIR -PLAY will supply CITY with an adequate inventory of all component parts necessary to keep the Scoreboard operational and repair or replace any defective component parts as needed without delay for a period of ten (10) years from the date of installation and acceptance of the Scoreboard by CITY. In addition, FAIR -PLAY shall train CITY personnel to perform routine maintenance on the Scoreboard.and remove and replace such component parts. FAIR -PLAY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL WARRANTIES IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. 4. FAIR -PLAY TO SELL SCOREBOARD ADVERTISING AS FOLLOWS: A. CITY grants to FAIR -PLAY the exclusive right, for a period of ninety (90) days from the date of execution of this Agreement, to obtain necessary advertisers for said Scoreboard. B. CITY grants to FAIR -PLAY the right to make arrangements with the advertisers with respect to the dates and times for the display of advertising copy and the frequency of display on the Scoreboard; provided that all such advertising agreements executed by FAIR -PLAY and its advertisers and all advertising copy to appear on the Scoreboard shall first be submitted to the Director or his designated agent for the Auditorium -Coliseum for his written approval, which approval shall not be unreasonably withheld or delayed. FAIR -PLAY shall not submit any advertiser -2- or advertising copy to appear on the Scoreboard which may now or hereafter be competitive with any board, commission or department of the CITY. C. In the event FAIR -PLAY fails to obtain advertisers as set forth in paragraph A of Section 4 above within the period set forth therein, CITY at its option may either extend this Agreement for an additional thirty (30) days or terminate this Agreement. In the event FAIR -PLAY obtains advertisers as set forth in this Agreement, and the Director of the Auditorium - Coliseum has expressly approved said advertising agreements and the advertising copy for the Scoreboard, FAIR -PLAY shall have the sole and exclusive right to utilize said Scoreboard for advertising and to retain all revenues received therefrom for a period of ten (10) years. FAIR -PLAY shall also have the right during this ten-year period to replace any advertiser in default of its agreement with FAIR -PLAY, subject to the conditions contained in this paragraph. Said ten-year period shall commence upon the effective date of the installation and acceptance of the Scoreboard. D. Both FAIR -PLAY and CITY agree to abide by and fully and faithfully perform and observe each of the conditions set forth below during the term of this Agreement and during the term of any advertising agreement entered into by FAIR -PLAY and any of its advertisers, provided such agreements are approved by the CITY as provided herein and do not exceed or extend beyond the term of this Agreement. 1. The Scoreboard shall be the exclusive fixed or stationary advertising in the arena area, except for temporary messages advertising future events or advertising permitted in accordance with subparagraph 2 below. 2. No advertising directly competitive with the advertisers shall be permitted in the primary areas of the premises where the advertisers' messages are intended to be viewed except for the following: -3- (a) The permitting or selling of advertising, or the sharing in the proceeds thereof, on closed circuit television within the sports facility by CITY. (b) Advertising by the Coliseum Concessionaire of its products and merchandise at its various concession stands and through its sellers in the stands of the sports facility during events. (c) The display during an event of banners, placards, signs or other displays, temporary in nature, erected by an event sponsor, promoter or participant, even though such display may constitute advertising. (d) The display by CITY or CITY'S Civic Center Board of its own advertising intended or designed to promote the use of the Auditorium -Coliseum, whether on the Scoreboard or other locations in, on or around the sports facility. 3. Advertising on the Scoreboard shall be displayed at all events deemed appropriate in the reasonable discretion of the Director of the Municipal Auditorium -Coliseum. 4. Subject to approval by the Director of the Auditorium -Coliseum, advertisers may change the content of their advertising on the Scoreboard at all reasonable times. For this purpose, advertisers will be granted full free and unhampered access to the Scoreboard, subject to the supervision of the CITY. 5. FAIR -PLAY agrees to hold and save CITY, its agents, officers and employees harmless from and against all actions, claims, demands, losses and expense of any kind or nature which CITY, its agents, officers and employees may incur or sustain by reason of any claim, demand, investigation, or litigation resulting from messages displayed or requested to be displayed on the Scoreboard by FAIR -PLAY or any of its advertisers, including but not limited to claims, demands or litigation alleging that the messages are defamatory, constitute an illegal competition or trade practice, contain infringement of trademarks or -4- tradenames, or constitute a violation of rights of privacy or infringement of copyrights or proprietary rights, as well as any loss or damage which CITY may sustain due to failure of the Scoreboard to operate properly at any time during the ten-year term of this Agreement. This provision shall survive cancellation or termination of this Agreement. 5. DELIVERY AND INSTALLATION. FAIR -PLAY will deliver and install and have the Scoreboard ready for operation within sixty (60) days of acceptance of all advertising contracts executed in accordance with paragraph A of Section 4. 6. It is further agreed and hereby stipulated by the parties hereto as a covenant and condition for the continued permission and right to sell Scoreboard advertising granted to FAIR -PLAY in Section 4 hereof that FAIR -PLAY, its successors and assigns at their own expense and cost shall fully and faithfully train CITY personnel and provide CITY with all component parts necessary for proper maintenance of the Scoreboard in accordance with Section 3 of this Agreement, and upon failure to do the same, any and all obligations herein assumed and agreed to by CITY shall terminate and title to said Scoreboard shall remain in CITY without further obligation on the part of CITY. 7. TITLE. Immediately upon installation of the Scoreboard and acceptance by CITY, title to said Scoreboard will be vested in and remain with CITY, and CITY shall assume the risk of loss or damage and shall be solely responsible for such loss or damage and all taxes, insurance, license fees and other applicable charges against the Scoreboard. 8. NOTICES. Notices required or permitted hereunder shall be duly given if sent by certified mail addressed, if to CITY, to: the City Manager of the City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457; and if to FAIR -PLAY, to: Fair -Play Scoreboards, Fairtron Corporation, 1700 Delaware Avenue, Des Moines, Iowa 50317, or to such other address as either party may hereafter specify in writing. -5- 9. Notwithstanding anything contained in this agreement, any advertising concerning alcoholic beverages must be approved in advance by the City Council of the City of Lubbock. EXECUTED by the respective parties hereto acting by and through their duly authorized offices, this the� day of - 0"OAVJ I-Q, , 1988, in duplicate, either copy of which shall be considered the original hereof. CITY OF LUBBOCK 113.--C. McMinn, MAYOR Ranette"Boyd, City Secret ry APPROVED AS TO CONTENT: /e Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS T FORM: ennis W. McG ll, Assistant Civil Trial Attorney FAIRTRON CORPORATION FAIR -PLAY COREBO S By: ATTEST: -6- DCHIBIT "A" GENERAL DESCRIPTION: FOUR-SIDED BASKETBALL SCOREBOARD MODEL-A109, WITH A 48 - 96 COLOR MESSAGE CENTER AND INTERNALLY ILLUMINATED ADVERTISING PANELS. ALL FOUR SIDES OF THE SCOREBOARD FACE IDENTICIAL. OVERALL SIZE: 12' - 0'H = 15' - 6" SQUARE AT TOP 13* - 0" SQUARE AT BOTTOM SCOREBOARD NUMERALS - ALL INDOOR 4.7 SINGLE STROKE LAMP NUMBER PATTERN LOCATED BEHIND COLORED TELELITE SCREENS. CLOCK, 12" HIGH AMBER NU1. MERALS; TEAM SCORES, 12" HIGH RED NUMERALS; TEAM FOULS, 10 HIGH GREEN NUMERALS; PLAYER NUMBER, AND FOULS, 10" HIGH RED NUMERALS. REAR -ILLUMINATED SCOREBOARD CAPTIONS - FOULS, PLAYER, AND FOULS, 4" HIGH WHITE FILON LETTERING; BONUS, 4" HIGH GREEN FILON LETTERING. SCOREBOARD TEAM NAMES- 7 a 48 LAMP MATRIX SYSTEM, 6- HIGH CLEAR LENS CHARACTERS. INTERNALLY ILLUMINATED ADVERTISING PANELS - .SCOREBOARD ADVERTISING, REAR -ILLUMINATED COPY AREA: 0' - 10 H t 4' - O"L WHITE PLEX. ADVERTISEMENTS. •TOP ADVERTISING PANEL, REAR -ILLUMINATED COPY AREA: I - 6"H a 13' - 6"L WHITEPLEX. (I- - 6"H = fi - 6"L ALL EIGHT ADVERTISEMENTS) MESSAGE CENTER (IMIOC)- 48 > 96 COLOR LENS MATRIX SYSTEM, CAPABLE OF GRAPHICS AND ANIMATION. APPROXIMATE WEIGHT OF TOTAL SYSTEM- 7,000 LBS. POWER REOUIREMENTS- 120-208VAC, 60HI, S PHASE, 4 WIRE POWER SUPPLY, TOTAL DEMAND- 34, 030 WATTS. ADVERTISING PANELS: 2,08OWATTS (8,F48Ti2/CW B 16,F96Ti2/CW LAMPS) SCOREBOARD: 5, 100 WATTS 1-161, u37, B 10 WATT LAMPS MESSAGE CENTER: 26,850 WATTS(u656 LAMPS) (TYPICAL LOAD 65%-TO% OF TOTAL DEMAND) �///: ``' PROPOSED y� NIRTRON SCOREBOARD MODE -A 09BASKFORALL LUBBOCK CIVIC CENTER rttoe►0RATIOM WITH A 46 996 COLOR MESSAGE CENTER NGV1III LaB8 Y-5-A109 ' EXHIBIT "B" :GENERAL DESCRIPTION: FOUR-SIDED BASKETBALL SCOREBOARD MODEL-A109, WITH A 48 x 96 COLOR MESSAGE CENTER AND INTERNALLY !ILLUMINATED ADVERTISING PANELS. ALL FOUR SIDES OF THE SCOREBOARD FACE IDENTICIAL. OVERALL SIZE: 12' - 0"H x 15' - 6" SQUARE AT TOP 13' - 0" SQUARE AT BOTTOM SCOREBOARD NUMERALS - ALL INDOOR 4 x 7 SINGLE STROKE LAMP NUMBER PATTERN LOCATED BEHIND COLORED TELELITE SCREENS. CLOCK, 12" HIGH AMBER NUMERALS; TEAM SCORES, 12" HIGH RED NUMERALS; TEAM FOULS, 10" HIGH GREEN NUMERALS; PLAYER NUMBER, AND FOULS, 10" HIGH RED NUMERALS. REAR -ILLUMINATED SCOREBOARD CAPTIONS - FOULS, PLAYER, AND FOULS, 4" HIGH WHITE ;FILON LETTERING; BONUS, 4" HIGH GREEN FILON LETTERING. SCOREBOARD TEAM NAMES- 7 x 48 LAMP MATRIX SYSTEM, 6" HIGH CLEAR LENS CHARACTERS. INTERNALLY ILLUMINATED ADVERTISING PANELS- •SCOREBOARD ADVERTISING, REAR -ILLUMINATED COPY AREA: 0' - 10"H x 4' - 0"L WHITE PLEX. ADVERTISEMENTS. *TOP ADVERTISING PANEL, REAR -ILLUMINATED COPY AREA: I. - 6"H x 13' - 6" L WHITE PLEX. (I' - 6" H x 6' - 8% ALL EIGHT ADVERTISEMENTS) MESSAGE CENTER ( IMIOC) - 48 x 96 COLOR LENS MATRIX SYSTEM, CAPABLE OF GRAPHICS AND ANIMATION. APPROXIMATE WEIGHT OF TOTAL SYSTEM- 7,000 LBS. POWER REQUIREMENTS- 120-208VAC, 60Hz, 3 PHASE, 4 WIRE POWER SUPPLY, TOTAL DEMAND- 34, 030 WATTS. ADVERTISING PANELS: 2,080WATTS (8, F48T12/CW & 16, F96T12/CW LAMPS) SCOREBOARD: 5, 100 WATTS (# 161, # 37, a 10 WATT LAMPS) MESSAGE CENTER: 26,850WATTS (#656 LAMPS) (TYPICAL LOAD 65%-70% OF TOTAL DEMAND)