HomeMy WebLinkAboutItem 04 - Texas Round-Up Health & Fitness Initiative ITEM # °a_.__
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: DECEMBER 2, 2008
SUBJECT: TEXAS ROUND-UP HEALTH & FITNESS INITIATIVE
RECOMMENDATION:
Staff recommends the City Council approve an agreement with Texas Round-Up, Inc., a
health and fitness initiative promoted by Governor Rick Perry. The City of Grapevine
would join other surrounding cities in this affiliate agreement to help promote health and
wellness within the resident and employee population in Grapevine.
FUNDING SOURCE:
There will not be a funding source that is needed for this program because there is not a
fee to become an affiliate city in the agreement.
BACKGROUND:
In 2004, Governor Rick Perry launched the Texas Round-Up statewide fitness initiative
to motivate and encourage Texans to become more active and to incorporate healthy
choices in their daily lives. Texas Round-Up is an independent not-for-profit
organization. The Affiliate .Cities program puts Texas Round-Up programs in local
communities across the state. Any mayor in Texas can affiliate with the Texas Round-
Up at no cost by promoting GetFitTexas! in their community. GetFitTexas! provides
Texans with the tools needed to establish regular physical activity routines and healthy
habits.
This program includes a free online tracking system and an educational component
emphasizing the benefits of regular exercise and healthy choices. More than 55,000
Texans have used the online tool to log their fitness activities and many have seen great
improvements to their overall health. All users are encouraged to participate in the
challenge by completing and logging 30 minutes of physical activity at least five days per
week for six weeks.
DE
November 21, 2008 (12:16PM)
ROUND-UP
HEALTH a FITNESS INITIATIVE 2009 Affiliate City Agreement
.'his agreement ("Agreement") is entered into this 2nd day of December, 2008 by and between The Texas
Round-Up, Inc. ("Corporation"), and City of Grapevine ("Affiliate") to set forth the terms and conditions upon
which Affiliate agrees to be associated with the Corporation. The Corporation and the Affiliate are hereinafter
referred to as the "Parties."
Texas Round-Up Programs and Events, and any associated Affiliate Program or Event sponsored by the
Affiliate are conducted to promote and fulfill the Corporation's mission to improve the health of Texas through
education and promotion of physical activity and healthy living. The Corporation seeks to improve the quality of
life by encouraging our community to sustain life-long habits of fitness and health through events and programs
such as the Texas Round-Up. The Corporation is a non-profit organization exempt from federal tax pursuant
to §501 (c)(3) of the Internal Revenue Code.
1. This Agreement shall be effective from the date first set forth above and will automatically and annually
renew on January 1st of each following year unless either party provides thirty (30) days prior written notice
to the other party with a desire to terminate the agreement.
2. The Affiliate desires to take one of the following actions (check all that apply) and by its signature below,
the Corporation agrees to recognize the Affiliate Program and/or Event as an official Affiliate Program
and/or Event of Texas Round-Up.
Host an Affiliate Program ("Affiliate Program"). The Affiliate agrees to actively promote
GetFitTexas!, the Texas Round-Up online activities tracking program. The Affiliate will establish
a central location where residents can register online for the Activities Program. The Affiliate
will provide support and assistance to residents and City employees, as appropriate. The
Affiliate agrees to display Texas Round-Up promotional materials in city office buildings.
Affiliate agrees to provide a link on it's homepage to the Texas Round-Up website
(www.texasroundup.org), and will include messaging about the Texas Round-Up in appropriate
communications, newsletters and emails. (initial)
❑ Host and Affiliate Event ("Affiliate Event").: The Affiliate agrees to hold the following
described physical fitness event "Event Name" in Grapevine, Texas. The Affiliate agrees
to provide the Corporation with the following statistics, as they relate to the Affiliate
Event:
• Total race registrations
• Race registrations by gender
• Race registrations by age:
O 18 and Under
o 19-35
o 36-50
o 51-65
O 65 and Over
• Percent change in race registrations from 2007, if available (initial)
3. The Corporation
• grants the Affiliate a limited, non-exclusive license to use the Corporation's name, logo, service
marks and trademarks ("Corporation Licensed Marks") solely for the purpose of including the
Corporation in listings and descriptions of the Affiliate's promotional materials and advertisements
for the Affiliate Program or Affiliate Event during the Term of this Agreement. The Affiliate shall not
sublicense, transfer or assign the use of the Corporation Licensed Marks or sponsor licensed marks
to any person or entity without the prior written consent of the Corporation or the sponsor. Except
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for the non-exclusive license to use granted herein, Affiliate acquires no right, title or interest in (or
any goodwill associated with) the Corporation Licensed Marks or the Texas Round-Up Event.
• encourages the Affiliate to actively promote the Corporation's Governor's Challenge. The Affiliate's
participation can be counted towards a possible award in the Governor's Challenge. If the Affiliate
is part of the Governor's Challenge program, the Affiliate agrees to utilize GetFitTexas!, the
Corporation's online Activity Training Program, for data collection and analysis so that competition
scores and results can be accurately tabulated by the Corporation.
• will provide the Affiliate with consulting services on how to hold a successful Affiliate Program
and/or Affiliate Event. The content and amount of services provided shall be in the Corporation's
sole discretion, and the Corporation makes no representation on the success of the Affiliate
Program and/or Affiliate Event.
• will recognize the affiliation in all Affiliate literature produced by the Corporation.
• will provide cities hosting an Affiliate Program with:
i. Texas Round-Up Event promotional material, such as posters and brochures.
ii. GetFitTexas! and Governor's Challenge posters and promotional material as available.
iii. One (1) complimentary 10x10 booth at the Texas Round-Up Health and Fitness Expo on to
promote Affiliate City health and fitness programs, upon request of the Affiliate.
iv. One (1) Banner that will include the name and logo of the Affiliate and the Corporation. The
Texas Round-Up logo and the words, "A Texas Round-Up Affiliate City" will also be clearly
displayed. The layout and content of the Banners is the responsibility of the Affiliate, but
must be approved by the Corporation. Costs associated with the design and production of
the Banners will be paid for by the Corporation.
• will provide cities hosting an Affiliate Event with:
v. Texas Round-Up Event promotional material, such as posters and brochures.
vi. a link from the Corporation's web site to the Affiliate Event's home web page.
vii. One (1) complimentary 10x10 booth at the Texas Round-Up Health and Fitness Expo on to
promote Affiliate Event, upon request of the Affiliate.
viii. One (1) Start Line Banner and one (1) Finish Line Tape ("Banners") that will include the
name and logo of the Affiliate Event and the Corporation. The Texas Round-Up logo and
the words, "A Texas Round-Up Event" will also need to be clearly displayed. The layout and
content of the Banners is the responsibility of the Affiliate, but must be approved by the
Corporation. Costs associated with the design and production of the Banners will be paid
for by the Corporation.
4. The Affiliate hosting an Affiliate Program and Affiliated Promotional Activities
• If requested in writing by the Corporation, agrees to place the logos of the Corporation's major
sponsors on the home page of the City of Grapevine Parks and Recreation web site and on all
related Affiliate Program promotional material. The Corporation will provide the logos to the
Affiliate, upon approval from the Sponsors. The Affiliate may not use the logo, service marks and
trademarks of the Corporation's Sponsors without prior written consent from the Corporation and
the sponsor.
• If requested in writing by the Corporation, agrees not to recognize any sponsors of its Affiliate
Program or Event that directly compete with the Corporation's Presenting Sponsor of the Texas
Round-Up Event or Texas Round-Up Affiliate City program Sponsor. A full list of current sponsors
can be found on the Corporation's website.
• Agrees to comply with all federal, state and local laws and regulations in hosting the Affiliate
Program.
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• Agrees to maintain liability insurance that will cover Affiliate's and Corporation's liability for activities
related to the Affiliate Program with a limit of not less than $1,000,000 for each occurrence and in
the aggregate. The policy and shall cover liability arising from premises, operations, independent
contractors, personal injury and advertising injury, and liability assumed under an insured contract
including the tort liability of another assumed in a business contract. All insurers shall have a Best's
rating of AV or better and be licensed and admitted in Texas. Within ten (10) business days, if
requested in writing by the Corporation, the Affiliate shall furnish the Corporation with a certificate of
insurance executed by a duly authorized representative of each insurer, showing compliance with
the insurance requirements set forth above.
5. The Affiliate hosting an Affiliate Event
• If requested in writing by the Corporation, agrees to place the logos of the Corporation's major
sponsors on the home page of the Affiliate Event web site and on all collateral promotional material.
• If requested in writing by the Corporation, the Affiliate agrees not to recognize any sponsors of its
Affiliate Program or Event that directly compete with the Corporation's Presenting Sponsor of the
Texas Round-Up Event or Texas Round-Up Affiliate City program Sponsor. A full list of current
sponsors can be found on the Corporation's website.
• The Affiliate agrees to comply with all federal, state and local laws and regulations in hosting the
Affiliate Event.
• Agrees to maintain liability insurance that will cover Affiliate's and Corporation's liability for activities
at the Affiliate Event with a limit of not less than $1,000,000 for each occurrence and in the
aggregate. The policy and shall cover liability arising from premises, operations, independent
contractors, personal injury and advertising injury, and liability assumed under an insured contract
including the tort liability of another assumed in a business contract. All insurers shall have a Best's
rating of AV or better and be licensed and admitted in Texas. Within ten (10) business days, if
requested in writing by the Corporation, the Affiliate shall furnish the Corporation with a certificate of
insurance executed by a duly authorized representative of each insurer, showing compliance with
the insurance requirements set forth above.
6. While the Corporation recognizes the Affiliate Program and/or Affiliate Event as an affiliate to the Texas
Round-Up Event, other than the requirements contained in this Agreement, the Corporation will have no
duties, responsibility or control over the Affiliate Program and/or Affiliate Event.
7. If Affiliate breaches this Agreement, and the breach continues for more than fifteen (15) days after the
Affiliate receives written notice of the breach from the Corporation, the Corporation may terminate this
Agreement, bring a suit for specific performance or damages, or seek any combination of these remedies.
8. This Agreement shall be governed by the laws of the State of Texas, and venue for any cause of action
arising out of this Agreement shall be in a court of competent jurisdiction in Travis County, Texas.
9. This Agreement constitutes the sole agreement between the Parties, and no amendment or other
modification of this Agreement is valid unless it is in writing and signed by the Parties.
10. This Agreement shall not be assignable except by prior written consent of the Parties.
11. The signatories below and the Parties represent that they have the authority to enter this Agreement.
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AGREED AND ACCEPTED:
AFFILIATE TEXAS ROUND-UP, INC.
By: By:
Title: Mayor—City of Grapevine Title:
Date: Date:
Contact Information:
Affiliate Name: Contact:
Phone Number: Contact e-mail:
Website URL:
Address:
City: State: Zip:
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