Loading...
HomeMy WebLinkAbout92-03 - Advertising and Sponsorship Policy_14307 RESOLUTION NO. 92-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AN ADVER- TISING AND SPONSORSHIP POLICY FOR CITY OF COSTA MESA RECREATIONAL PROGRAMS AND EVENTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLONS: WHEREAS, the City of Costa Mesa desires to establish a policy for advertising and sponsorships for City of Costa Mesa recreational programs and events administered by its Community Development Department; and WHEREAS, California Government Code Sections 37110, 37110.5, 37361, 37391, 37396, and 40100 authorize the City of Costa Mesa to provide its citizens with musical, recreational, educational, cultural, and promotional benefits or advantages; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa hereby approves the Advertising and Sponsorship Policy for the City of Costa Mesa recreational programs and events attached hereto as Exhibit "A"; provided however, that all expenditure of public funds and use of public facilities pursuant to such policy shall be consistent with applicable California and City of Costa Mesa statutes, ordinances, and regulations. PASSED AND ADOPTED this 6th day of January, 1992. Mayor o T the City of Costa Mesa ATTEST: N City Clerk of the City of Co y a Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 92-3 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 6th day of January, 1992. IN WITNESS WHEREOF, I have hereunto set my hard and affixed the Seal of the City of Costa Mesa this 7th day of January, 1992..1. Ci y Clerk and ex -officio Clerk of e R City Council of the City of Costa M a A08 EXHIBIT A TO RESOLUTION NO q,1-3 ADVERTISING AND SPONSORSHIP POLICY OF CITY OF COSTA MESA RECREATIONAL PROGRAMS AND EVENTS Sec. 1. Purpose: This policy provides for an operational guideline to assist City of Costa Mesa staff in the evaluating and implementing of advertising and sponsorship proposals as part of City of Costa Mesa ("City") recreational programs and events. Sec. 2. Definitions: (a) Advertising shall mean all media relations and material which is associated with a City recreational program and event. (b) Endorsement shall mean any property, trademark or seal assigned and transferred by a private party to the City or the City to a private party. (c) SROnsOrshio shall mean a voluntary contribution of money or other property of value from a private party to the City in conjunction with a City recreational program or event. Sec. 3, General Policy: (a) The City may, at its sole discretion, accept or reject a gift of advertising, endorsement or sponsorship from a private party where the terms and use of such gift are consistent with a recognized public purpose. (b) The City shall reject all gifts of advertising, endorsement or sponsorship where the terms of the gift require the City to: (1) Endorse any product as an "official" .,product or service of the City and its recreational programs and events; or (2) Install or maintain a permanent signorbanner of any kind on any City property, facility, vehicle or structure; or (3) Use the City seal, logo or other mark of the City without prior approval of the City Council or its designee, the City Manager; or Exhibit "A" Resolution No. 92-3 Page 1 of 4 L (4) Expend public funds or use public property for a recreational program or event, which does not benefit the citizens of the City, without prior approval of the City Council; or (5) The gift includes tobacco or alcoholic beverage sponsorship. (c) Where the City accepts a gift of advertising, endorsement or sponsorship from a private party, the City reserves the right to require from the private party making such gift: (1) Liability insurance, when necessary, must be provided to the City seven (7) working days prior to the scheduled program or event in an amount and form approved by -the City Attorney or Risk Manager. (2) An audit of all contributions or other property of value given to the City by the private party making the gift of advertising, endorsement or sponsorship. L (3) All rides, games or other special attractions to be provided as part of a sponsorship by a private party must be approved or rejected by the City in addition to the approval of the sponsorship. Any fee charged for such rides, games or other special attractions must also be approved or rejected by the City in addition to the approval of the sponsorship; provided, however, that such fees shall only be allowed for recovery of direct costs for providing the rides, games or other special attractions. Such costs shall not include the cost for providing liability insurance coverage, which cost is the responsibility of the private party providing the sponsorship. If such fees are to be donated to a charitable organization, the City must approve or reject the recipient of such donated fee proceeds. (d) The City offers four (4) special recreational events which the City encourages gifts of Exhibit "A" Resolution No. 92-3 Page 2 of 4 , z:309 310 (h) The City reserves the right to determine the nature and degree of recognition on City event flyers and City program booklets for private party's providing gifts of advertising, endorsement or sponsorship for a City recreational program or event. Where the City determines that recognition on City event flyers and City program booklets will be given to a private party providing a gift of advertising, endorsement, or sponsorship, such private party shall provide to the City Attorney where necessary, a written waiver and indemnity agreement and proof of ownership of its trademark, logo or other copyrighted material to be used in the City event flyers or City program booklets. Sec. 4. Application and Approval Process: (a) An application to provide a gift of advertising, endorsement or sponsorship shall be in a written Exhibit "A" Pesolution No. 92-3 Page 3 of 4 advertising, endorsement and sponsorships from private parties. The events are: the Summer Fun Faire; the Halloween Happening; the Holiday Snowhill; and Easter Egg-citement. (e) The City offers five (5) recreational programs which the City encourages gifts of advertising, endorsement and sponsorships from private parties. The programs are: Flag Football; Basketball; Cross Country; Track and Field Meet; and Co -Ed Softball. (f) The City provides for the staff, facility, facility liability coverage and event flyers for the events and programs listed in Subsections (d) and (e). Provide however, the City may accept one (1) major sponsorship per event or program if the private party providing the sponsorship contributes funds to reimburse the City for the full and complete costs of the event, event staff and event flyers. If a single sponsorship does not provide for the complete reimbursement of such event costs, the City may accept multiple sponsorships for the event, in a share determined by City staff to reimburse the City for the complete cost of the event, event staff and event flyers. (g) The City will not accept a major sponsorship for more than one (1) event or program from the same private party. (h) The City reserves the right to determine the nature and degree of recognition on City event flyers and City program booklets for private party's providing gifts of advertising, endorsement or sponsorship for a City recreational program or event. Where the City determines that recognition on City event flyers and City program booklets will be given to a private party providing a gift of advertising, endorsement, or sponsorship, such private party shall provide to the City Attorney where necessary, a written waiver and indemnity agreement and proof of ownership of its trademark, logo or other copyrighted material to be used in the City event flyers or City program booklets. Sec. 4. Application and Approval Process: (a) An application to provide a gift of advertising, endorsement or sponsorship shall be in a written Exhibit "A" Pesolution No. 92-3 Page 3 of 4 proposal filed with the City Director of Community Services. (b) Consistent with Section 3, Subsections (a) and (b), the City Director of Community Services may approve or reject an application for gifts of a value of less than $5,000 for advertising, endorsement or sponsorship for City recreational programs and events. (c) Consistent with Section 3, Subsections (a) and (b), the City Manager may approve or reject an application for gifts of a value exceeding $5,000 for advertising, endorsement of sponsorships for City recreational programs and events. Prior to such determination, the City Director of Community Services shall provide a written recommendation with such application. (d) In the event the application is approved by the City Director of Community Services or City Manager, the gift shall not be deemed to be accepted until a written agreement is entered into between the private party making the gift and the City and approved as to form by the City Attorney. All written agreements must be approved and executed by the City Manager or his designee. L Sec. 5. Amendments: This policy shall only be modified, amended, or waived pursuant to a resolution of City Council. 4 Exhibit "A" Resolution No. 92-3 Page 4 of 4 ,JL{ 311