SPONSORSHIP AGREEMENT - Suncorp Corporate Services Pty Limited Sunshine Coast Regional Council - Suncorp Sponsorship App A Agreement
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Suncorp Sponsorship App A Agreement SPONSORSHIP AGREEMENT between Suncorp Corporate Services Pty Limited and Sunshine Coast Regional Council
SPONSORSHIP AGREEMENT DATED THE day of 2010 BETWEEN: Suncorp Corporate Services Pty Limited ABN 69 074 966 466 of Level 18, Suncorp Centre, 36 Wickham Terrace, Brisbane, Queensland 4000 (“the Sponsor”) AND: the person specified in Item 1 of the schedule (“the Recipient”) RECITALS: A. The Sponsor wishes to provide the Sponsorship Value to the Recipient in return for the Sponsor Benefits and the parties have agreed to enter into this Agreement to evidence that arrangement. IT IS AGREED: 1. DEFINITIONS AND INTERPRETATIONS 1.1 In this Agreement unless the context otherwise requires or the contrary intention appears the following terms have the meanings respectively assigned to them: “Agreement” means this agreement and any Schedule to this Agreement; “Business Day” means any day excluding Saturdays, Sundays and public holidays in Queensland; “Commencement means the date specified in Item 2 of the Schedule; Date” “Customer” means any person who is a customer of or has dealings with the Sponsor or the Recipient; “Dealing with includes the collection, use, storage, and/or Personal disclosure of Personal Information; Information” “Expiry Date” means the date specified in Item 3 of the Schedule. “Financial means a business that provides financial services Institution” including banking, insurance and investment management services as their core products; Sunshine Coast Regional Council Contract 2010-2011 Page 2 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
“Force Majeure” means an act, omission, cause or circumstance outside a party’s reasonable control including but not limited to fire, storm, earthquake, explosion, accident, enemy acts, sabotage, labour dispute and act or omission of a third party; “GST” means the Goods and Services Tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 and related Acts of the Commonwealth (“GST Law”); “Guidelines” means those Guidelines made by the Privacy Commissioner pursuant to the Privacy (Private Sector Amendments) Act 2000 (CTH) relating to the National Privacy Principles; “National Privacy means those National Privacy Principles incorporated Principles” into the Privacy Act by the Privacy (Private Sector Amendments) Act 2000 (CTH); “Personal means information or an opinion (including Information” information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about a Customer whose identity is apparent, or can reasonably be ascertained, from the information or opinion, whether provided directly by a party to this Agreement or a Customer or by any other person; “Privacy Act” means the Privacy Act 1988 (CTH) as amended from time to time; “Sponsor Benefits” means the rights and entitlements of the Sponsor set out in Item 1 in Schedule A; “Sponsor Contact” means the person and address specified in Item 4 of the Schedule; “Sponsor Group” Means (a) Suncorp-Metway Limited (“Suncorp”); (b) The Sponsor; (c) any present or future corporation or other business entity controlled by, controlling or under common control with Suncorp and for this purpose “control” means the right to control the composition of the board of directors or the right to cast or Sunshine Coast Regional Council Contract 2010-2011 Page 3 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
control the casting of at least 50% of the maximum number of votes at a general meeting or the right to at least 50% of the dividends or income of that corporation or other business entity; (d) any present or future corporation or other business entity with which any of the companies identified in paragraphs (a), (b) or (c) above is consolidated or amalgamated or corporatised or merged into or to which all or substantially all of its assets are transferred; and (e) a company formed for purposes including the holding of some or all of the issued share capital, assets or liabilities of one or more of the entities mentioned in paragraphs (a) – (d) above. “Sponsorship means a written report to be prepared by the Evaluation Report” Recipient at its own cost in accordance with the requirements detailed in Item 3 in Schedule A; “Sponsorship means the period specified in Item 5 of the Schedule Period” as the period in respect to which the Sponsor Benefits relate; “Sponsorship means the amount specified in Item 4 of Schedule A; Value” 1.2 In this Agreement including any Schedule unless the context otherwise requires: (a) a singular number includes the plural number and vice versa and reference to each gender includes the other gender; (b) words denoting individuals or persons include bodies corporate and trusts and vice versa; (c) headings are for convenience only and shall not affect interpretation; (d) the word “dollar” and symbol “$” refer to the lawful currency of Australia; (e) reference to any document or agreement includes reference to such document or agreement as amended, novated, supplemented, varied or replaced from time to time; Sunshine Coast Regional Council Contract 2010-2011 Page 4 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
(f) reference to a time and date in connection with the performance of an obligation by a party is a reference to the time and date in the State of Queensland notwithstanding the obligation is to be performed elsewhere; (g) where any word or phrase is given a definite meaning in this Agreement any part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning; (h) every agreement or undertaking express or implied, by which more persons than one agree or undertake any obligation and/or derive any benefit under this Agreement, will bind and/or enure for the benefit of such persons jointly and each of them severally; (i) any Schedule attached to this Agreement is intended to form part of this Agreement; and (j) the parties include their successors and permitted assigns. 2. GRANT OF RIGHTS 2.1 In consideration of the payment to the Recipient by the Sponsor of the Sponsorship Value, the Recipient grants to the Sponsor the Sponsor Benefits for the Sponsorship Period. 3. TERM 3.1 This Agreement shall commence on the Commencement Date and continue until the Expiry Date, unless otherwise terminated pursuant to the terms of this Agreement. 4. WARRANTY 4.1 Each party warrants and represents to the other that it is the legal and beneficial owner of its trade mark/s, logo/s and business name/s, for the purpose of this clause collectively referred to as “Intellectual Property”, and is entitled to grant the rights to use or license its Intellectual Property to the other party in the manner contemplated by this Agreement, and that the use of its Intellectual Property by the other party will not infringe the intellectual property rights of any third party. 5. PARTIES TO COMPLY WITH LAWS, RIGHTS AND POLICIES 5.1 The parties agree to ensure that the exercise of any of their rights or benefits under this Agreement, including, without limitation, advertising: (a) complies with all applicable laws; (b) complies with all applicable codes of conduct and industry standards; and Sunshine Coast Regional Council Contract 2010-2011 Page 5 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
(c) complies with the requirements of all relevant government statutory bodies. 6. INDEMNITY 6.1 The Recipient shall at all times indemnify and keep indemnified the Sponsor and the Sponsor Group including their directors, executives, officers, employees and agents, from and against all claims, liabilities, losses (including fines, penalties and set-offs), damages and costs (including legal costs and expenses) arising from: (a) any breach by the Recipient of this Agreement; or (b) any act or omission (including any negligence, unlawful conduct or wilful misconduct) by the Recipient or any of its employees or agents in relation to the performance of this Agreement. 6.2 This clause survives termination or expiry of this Agreement. 6A INSURANCE 6A.1 The Recipient shall maintain during the term of this Agreement public and product liability insurance of at least $20 million. 6A.2 The Recipient will provide the Sponsor with a copy of the certificates of currency after a request by the Sponsor. 7. CONFIDENTIALITY 7.1 The terms of this Agreement, including but not limited to the Sponsorship Value, and any related negotiations are confidential except where they are in the public domain, otherwise than as a result of a breach of the terms of this Agreement and each party undertakes not to make any statement or release any information concerning them or to disclose them to any person except to its accountants and legal advisers or as required by law without the prior written consent of the other party. 7.2 The Sponsor acknowledges that the Recipient’s business may require the disclosure of the financial benefits provided pursuant to the Agreement. Where a request is made by the Recipient to the Sponsor to allow the disclosure of financial information pursuant to the Agreement, such consent will not be unreasonably withheld, however, in no circumstances is the Recipient permitted to disclose any confidential information to another Financial Institution. 7.3 This clause continues to apply after the expiration of the Sponsorship Period and expiration or termination of this Agreement. 8. CONFLICT OF INTEREST 8.1 The parties warrant to each other that at the Commencement Date no conflict of interest exists or is likely to arise in the performance of their respective obligations under this Agreement. Sunshine Coast Regional Council Contract 2010-2011 Page 6 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
8.2 If, during the term of this Agreement a conflict or risk of conflict arises, each party undertakes to notify the other immediately of that conflict or risk. 9. TERMINATION 9.1 Either party may terminate this Agreement: (a) if the other party fails to comply with any of its obligations under this Agreement and does not remedy that default within fourteen (14) days of receiving notice to do so; (b) if either party goes into liquidation, is wound up or dissolved (except for the purpose of amalgamation or reconstruction) or enters into a scheme of arrangement with its creditors or is placed under official management or in receivership or ceases to carry on business or ceases to be able to pay its debts as they become due. 9.2 The Sponsor may terminate this Agreement at any time if the Recipient does, or fails to do, any act or thing that may have a negative, embarrassing or adverse impact upon the reputation, image, goodwill, trade mark/s, logo/s and business name/s of the Sponsor and or the Sponsor Group and in this regard the parties acknowledge and agree that the Sponsor’s right to terminate the Agreement pursuant to this clause is at the Sponsor’s sole discretion and not subject to any objective test of reasonableness. 9.3 The Recipient is also permitted to terminate this Agreement at any time if the Sponsor does, or fails to do, any act or thing that may have a negative, embarrassing or adverse impact upon the reputation, image, goodwill, trade mark/s, logo/s and business name/s of the Recipient and in this regard the parties acknowledge and agree that the Recipient’s right to terminate the Agreement pursuant to this clause is at the Recipient’s sole discretion and not subject to any objective test of reasonableness. 9.4 If this Agreement is terminated for any reason: (a) each party must negotiate and act in good faith and in a timely manner to terminate their relationship on equitable and reasonable terms; (b) within thirty (30) days of the date of termination, each party must return to the other party any materials or other property belonging to that party; and (c) all rights and licenses granted by one party to the other party under this Agreement will revert automatically to the grantor. 9.5 Termination of this Agreement will be without prejudice to the rights of any party against the other party for any prior breach of this Agreement. Sunshine Coast Regional Council Contract 2010-2011 Page 7 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
9.6 If the Agreement is terminated pursuant to Clause 9.1(a) and 9.1(b) or 9.2 hereof the Recipient will account to the Sponsor for any monies not expended for that year of the Sponsorship Period. All further obligations on the part of the Sponsor for the Sponsorship Period will cease. 10. EFFECT OF TERMINATION OR EXPIRATION 10.1 On expiration or earlier termination of this Agreement: (a) the Sponsor must immediately cease any and all reference to being sponsor of the Recipient; (b) the Recipient must, if requested by the Sponsor, immediately cease any and all reference to the Sponsor as a sponsor of the Recipient; (c) all rights and opportunities granted under this Agreement will cease and each party will immediately take measures to discontinue any advertising and promotional activities specifically related to this Agreement; and (d) the Recipient will, if requested, make available the Sponsor’s signage for collection. 11. DISPUTE RESOLUTION 11.1 Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrators for the time being of the Institute of Arbitrators Australia. 11.2 Prior to referring a matter to arbitration pursuant to subclause 11.1: (a) one party shall give to the other written notice of a dispute; (b) the parties shall refer the dispute to their respective contract managers for consideration; (c) if the respective contract managers are unable to resolve the dispute after ten (10) Business Days (or such other period as is agreed between the parties) from the date of delivery of the notice of dispute, the parties shall refer the dispute to the respective chief executive officers of each party; and (d) the parties shall in good faith explore the option of mediation. 11.3 Notwithstanding the existence of a dispute each party shall continue to perform its obligations under this Agreement. 11.4 Nothing in this clause shall prevent any party from seeking urgent equitable relief before an appropriate court. Sunshine Coast Regional Council Contract 2010-2011 Page 8 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
11.5 If the parties cannot resolve the dispute within twenty-eight (28) days from the date of delivery of the notice of dispute, the parties shall resolve the dispute pursuant to subclause 11.1. 12. ASSIGNMENT 12.1 The Sponsor may assign, sublicense or transfer, or purport to assign, sublicense or transfer, its rights or obligations under this Agreement. 12.2 The Recipient may not assign, sublicense or transfer, or purport to assign, sublicense or transfer, its rights or obligations under this Agreement without the Sponsor’s consent, which may be given or withheld at the Sponsor’s absolute discretion. 13. GOVERNING LAW 13.1 This Agreement shall be governed by and construed according to the laws in force in the State of Queensland. 14. SEVERABILITY 14.1 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision, which shall be deemed deleted. 15. WAIVER 15.1 No right under this Agreement shall be deemed to be waived except by notice in writing signed by each party. 15.2 A waiver by either party pursuant to subclause 15.1 will not prejudice its rights in respect of any subsequent breach of this Agreement by the other party. 15.3 Subject to subclause 15.1, any failure by either party to enforce any of its rights under this Agreement, or any forbearance, delay or indulgence granted by that party to the other party, will not be construed as a waiver of that party’s rights under this Agreement. 16. FORCE MAJEURE 16.1 Neither party shall be liable for any delay or failure to perform its obligations other than payment for any monetary sums due to and owing to the other party if such failure or delay is due to Force Majeure. 16.2 A party shall notify the other party as soon as practicable of any anticipated delay due to Force Majeure and the performance of a party’s obligations under this Agreement will be suspended for the period of the delay due to Force Majeure. Sunshine Coast Regional Council Contract 2010-2011 Page 9 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
16.3 If a delay due to Force Majeure exceeds six (6) months, either party may terminate this Agreement immediately on providing notice to the other party. 17. GST 17.1 If GST is levied or imposed on or in respect of any supply made under or in connection with this Agreement for which the consideration is a monetary payment, then unless otherwise stated, the consideration provided for that supply will be increased by the rate at which that GST is levied or imposed. Where any consideration is increased pursuant to this clause that increased consideration is payable within seven (7) days of receipt of invoice from the relevant party. 17.2 A party that receives any consideration (whether in money or otherwise) must provide to the other party a GST tax invoice (or any other document required under any legislation) in the form required by the GST Law. 17.3 Each party agrees to promptly exchange adjustment notes in the form required by the GST Law, in the event that an adjustment note under the GST Act arises in connection with this Agreement. 18. GROUP BENEFIT 18.1 The Recipient will perform this Agreement for the benefit of the Suncorp Group and the Suncorp Group is entitled to rights and privileges under this Agreement as if references to the Sponsor include the Sponsor Group. 18.2 The Recipient agrees that each member of the Sponsor Group may make use of the Sponsor Benefits and is entitled to receive the Sponsor Benefits as though references in the relevant clauses of this Agreement to the Sponsor were references to that member of the Sponsor Group. 18.3 The Recipient confirms that it intends the Sponsor and each member of the Sponsor Group to benefit from each warranty, indemnity, undertaking or other obligation of the Recipient under this Agreement provided that the Sponsor, as the contracting entity, shall be responsible for enforcing and recovering under the relevant warranty, indemnity, undertaking or other obligation, including bringing any claim or demand, for and on behalf of the Sponsor Group. 18.4 The Recipient acknowledges and agrees that any act or omission of the Recipient in connection with this Agreement in relation to a member of the Sponsor Group will be taken to be an act or omission of the Recipient in relation to the Sponsor under this Agreement and that the Recipient will be liable to the Sponsor for any resulting Liability as though it had been suffered or incurred by the Sponsor. The Sponsor must ensure that any claim a member of the Sponsor Group may have against the Recipient in connection with this Agreement is brought by the Sponsor itself, as contemplated under this clause 18.4. Sunshine Coast Regional Council Contract 2010-2011 Page 10 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
18.5 The Sponsor may assign or novate the benefit or obligations of this Agreement to a member of the Sponsor Group without the consent of the Recipient, and in that event the Sponsor will notify the Recipient. 19. EXCLUSIVITY 19.1 The Recipient agrees that: (a) it shall not accept any proposal for sponsorship from any other Financial Institution during the term of this Agreement or any subsequent term; and (b) it shall not offer any other Financial Institution the opportunity to sponsor the Recipient during the term of this Agreement or any subsequent term without the written consent of the Sponsor, which may be given or withheld at the Sponsor’s absolute discretion. 20. PRIVACY 20.1 The Parties acknowledge and agree that: (a) information provided to the receiving party by the disclosing party pertaining to its Customers, may be Personal Information; (b) the receiving party shall deal with any Personal Information it receives from the disclosing party in accordance with the National Privacy Principles, Guidelines and the Privacy Act; (c) the receiving party shall take all reasonable steps to ensure that Personal Information held by it is protected against misuse, loss, unauthorised access, unauthorised modification, or unauthorised disclosure; (d) the receiving party shall ensure that authorised personnel only will have access to Personal Information and that personnel will only be authorised for such access on a “need to know basis” where access to such Personal Information is essential in order for personnel to carry out his / her / their duties; (e) the receiving party shall use Personal Information held only for the purposes of fulfilling its obligations under this Agreement; (f) the receiving party shall not disclose any Personal Information for sale or profit or any other benefit; (g) the receiving party shall ensure that its personnel (inclusive of staff and sub- contractors) are aware of the obligations under this Agreement (and in particular this clause) and the National Privacy Principles, Guidelines and the Privacy Act and where necessary shall provide its personnel with adequate training in respect of same; Sunshine Coast Regional Council Contract 2010-2011 Page 11 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
(h) the receiving party shall not disclose any Personal Information other than in accordance with this Agreement, without the prior written authority of the disclosing party; (i) notwithstanding any other clause to the contrary contained in this Agreement the receiving party shall indemnify the disclosing party for any loss or damage or cost the disclosing party may become liable for or incur in connection with a claim or action resulting from a breach of this clause by the receiving party; (j) the receiving party shall immediately notify the disclosing party in writing upon the receiving party becoming aware of any breach of this clause giving details of the breach; (k) this clause shall survive the termination of this Agreement and shall continue to operate as between the parties until such time as the parties have either destroyed or returned to the other all Personal Information that the receiving party holds. 21. NOTICES 21.1 Notices under this Agreement may be delivered by hand, by mail or by facsimile transmission to the address specified in Item 6 in the Schedule. 21.2 Notice will be deemed given: (a) in the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving party; (b) in the case of posting, three (3) days after dispatch; (c) in the case of facsimile transmission, upon completion and upon confirmation of transmission by the sender’s facsimile machine of all pages of the notice. 22. ENTIRE AGREEMENT 22.1 This Agreement constitutes the entire agreement between the parties. Any prior arrangements, agreements, representatives or undertakings are suspended. 22.2 No modification or alteration of any clause of this Agreement will be valid unless evidenced in writing and signed by each party. Sunshine Coast Regional Council Contract 2010-2011 Page 12 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
EXECUTED as an Agreement by the parties Signed for and on behalf of ) Suncorp Corporate Services Pty Limited ) by its duly appointed officer in the presence ) of: ) ) ) _______________________________ ) ......................................................... Witness Signature ) Signature of Officer ) ) _______________________________ ) ........................................................ Witness’ Name ) Print Name of Officer ) ) ) ) ) ) Signed for and on behalf of ) Sunshine Coast Regional Council ) ) by its duly appointed officer in the presence ) of: ) ) _______________________________ ) ……………………………………...… ) Signature of Officer and ) ) _______________________________ ) ………………………………………... ) Print name of Officer in the presence of: ) ) ) _______________________________ ) ………………………………………... Name of Witness Signature of Witness Sunshine Coast Regional Council Contract 2010-2011 Page 13 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
S C H E D U L E 1 RECIPIENT:- Sunshine Coast Regional Council 2 COMMENCEMENT DATE:- 10 May 2010 3 EXPIRY DATE:- 10 May 2011 4 SPONSOR CONTACT:- Emma Kennedy Marketing Officer Community Sponsorships Suncorp 5 SPONSORSHIP PERIOD:- 12 months 6 NOTICES:- Sponsor: Terri Meadmore Executive Manager Brand and Sponsorships Suncorp-Metway Limited Level 13, Suncorp Centre 36 Wickham Terrace Brisbane Qld 4001 Recipient: Pauline Gordon Director Community Services Locked Bag 72 Nambour Qld 4560 Sunshine Coast Regional Council Contract 2010-2011 Page 14 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
S C H E D U L E A 1. SPONSOR BENEFITS:- In return for the Sponsorship Value, the Recipient shall provide the following benefits, rights and services to the Sponsor: Category Exclusivity The Sponsor shall receive sponsorship category exclusivity for bank, insurance, wealth management and financial services across the Recipient’s Lifeguard service. Intellectual Property Rights Use of the Recipient’s intellectual property including logos, images and related insignia for use in co-branded promotional campaigns (the Sponsor agrees to obtain approval of the use of these logos, images and related insignia from the Recipient prior to use). SIGNAGE Lifeguard Towers – Signage to be installed and maintained (at Sponsor’s cost) on or in prominent locations near to Thirteen (13) Lifeguard Towers situated at: • Noosa West Beach • Noosa Heads Beach • Sunshine Beach • Peregian Beach • Coolum North Beach • Coolum Main Beach • Maroochydore • Mooloolaba Spit • Wurtulla Beach • Currimundi • Dicky Beach • Kings Beach • Golden Beach Signage will include Recipient and Sponsor logos. Signage production and installation will be at the Sponsor’s cost, except for replacing the Recipients logo when finalised. The size of the signage is to be a minimum of 830mm high x 1200mm wide with the final signage design to be approved by the Recipient and the Sponsor. Signage will be updated and replaced at time agreed to by both the Recipient and Sponsor. A-Frame Signage Recipient Lifeguard personnel to place A-Frame “Lifeguard on Duty” and ‘UV Warning Meter” signs on eighteen (18) of the Recipient’s major beaches as follows: One(1) sign at Noosa Heads Beach (one each of “Lifeguard on Duty” and “UV Warning Meter”) One (1) sign at Sunshine Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays) One (1) sign at Noosa West Beach (one each of “Lifeguard on Duty” and “UV Warning Meter Mon – Fri less public holidays”) Sunshine Coast Regional Council Contract 2010-2011 Page 15 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
One (1) sign at Sunrise Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” All weekends and public holidays within Daily Placement period dates and Queensland Christmas & Easter School Holidays) One (1) sign at North Peregian Beach (one each of “Lifeguard on Duty” and “UV Warning Meter All weekends and public holidays within Daily Placement period and Queensland Christmas & Easter School Holidays”) One (1) sign at Peregian Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays) • Two (2) signs at Mooloolaba Spit (one each of “Lifeguard on Duty” and “UV Warning Meter” on all weekends and public holidays within exposure period and Queensland Christmas & Easter School Holidays). • Two (2) signs at Coolum Beach (one each of “Lifeguard on Duty” and “UV Warning Meter”). • One (1) sign at Alexandra Headlands (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays). • One (1) sign at Maroochydore (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays). • One (1) sign at Yaroomba Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays). • Two (2) signs at Dicky Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays) • Two (2) signs at Kings Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays ) • One (1) signs at Bulcock Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays ) • One (1) signs at Buddina Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” Mon – Fri less public holidays ) • One (1) signs at Golden Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” during Queensland Christmas & Easter School Holidays) • One (1) signs at Currimundi Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” All weekends and public holidays within Daily Placement period and Queensland Christmas & Easter School Holidays”)) • One (1) signs at Wurtulla Beach (one each of “Lifeguard on Duty” and “UV Warning Meter” All weekends and public holidays within Daily Placement period and Queensland Christmas & Easter School Holidays”)) The portable signs are to be in a form approved by the Recipient and the Sponsor and will be placed behind the flags on the aforementioned beaches as per the following signage placement schedule: 2010-2011 Daily placement (including weekends and public holidays except where outlined) • Summer & QLD/NSW December School Holidays (1 December 202010 – 28 February 2011) The Lifeguard Service agree to store and display the signage. The Sponsor will pay for the cost of the signs, except for replacing the Recipients logo, and ownership of the Sunshine Coast Regional Council Contract 2010-2011 Page 16 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
signage will remain with the Sponsor. The Recipient will be responsible for updating the meter on the UV Signage A-frames on a daily basis in line with the UV rating delivered daily on the Bureau of Meteorology website. ( http://www.bom.gov.au/products/UV/Sunshine_Coast_QLD.shtml) Pop-Up Tents Sponsor-branded “pop-up” (3mx3m) tent is to be placed behind the flags at the following beaches: Pop up tent at each of the following Northern Beaches: • Two (2) x Noosa Heads Beach • One (1) x Sunshine Beach (Sunrise Beach during weekends & public holidays) • One (1) x Peregian Beach (Nth Peregian during weekends & public holidays) • One (1) x Coolum Beach • One (1) x Yaroomba (Mon- Fri less public holidays) Pop up tent at each of the following Southern Beaches: • Two (2) x Kings Beach Mon – Fri less public holidays • One x (1) Dicky Beach Mon – Fri less public holidays • One x (1) Bulcock Beach Mon – Fri less public holidays • One (1) x Maroochydore (Mon – Fri less public holidays) • One (1) x Alexandra Headland (Mon- Fri less public holidays) • One (1) x Mooloolaba Spit – All weekends and public holidays within above dates and Queensland Christmas & Easter School Holidays The “pop-up” tents shall be produced by the Sponsor, and erected and stored by the Recipient’s Lifeguard Service. Ownership of the tents will remain with the Sponsor. The tents will be erected and dismantled as per the signage placement schedule by the Lifeguard Service. The tents are to be erected as per the manufactuer’s instructions (supplied from On show Promotions with the delivery of tents). Tents are to be erected daily, except where tents are temporarily unavailable due to repair or maintenance. The Recipient shall be responsible for the maintenance of the tents during the period with respect to damage caused by normal wear and tear or negligent use. The Sponsor shall supply a tent cover and maintenance kit to the Recipient to assist with repairs of the tents. In addition to the indemnity in the body of the Agreement, the Recipient will indemnify the Sponsor against any liability it incurs as a consequence of the negligence of the Recipient or its employees in the erection and dismantling of the tents. 2. BRANDING AND ADVERTISING:- • The Sponsor and their promotional staff (in the Sponsor’s branded uniforms) are to provide a free sunscreen service across the Recipient’s beaches included in this Agreement as part of its skin cancer initiative. Promotional and the Sponsor’s staff will be able to roam the beaches on nominated dates as per the signage placement schedule between the hours of 10am and 3pm on a daily basis (dependent on staff scheduling) offering beachgoers free sunscreen. • The Sponsor may stage a maximum of four sun safety related events at each beach Sunshine Coast Regional Council Contract 2010-2011 Page 17 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
listed in the Agreement, with prior approval from the Recipient as per dates outlined in the signage placement schedule. • The Sponsor may insert one sun safety information flyer in residents’ rates notices during the period 1 December 2010 to 28 February 2011. The Sponsor will provide the insert (at Sponsor’s cost) with the insertion to be carried out by the Recipient. • The Recipient is able to provide any additional sponsorship opportunities for the Sponsor’s consideration during the term of this agreement. Each additional sponsorship opportunity must be submitted in writing for the Sponsor’s assessment separate to the terms of this agreement. 3. SPONSORSHIP EVALUATION REPORT AND SERVICING:- The Recipient shall provide a resource to act as the Recipient’s main liaison point with the Sponsor for partnership related matters. The Recipient shall provide an annual end-of-year sponsorship report in a form approved by the Sponsor demonstrating fulfilment of benefits provided to the Sponsor, no later than31st March 2011 (for the period 1st December 2010 – 28th February 2011) 4. SPONSORSHIP VALUE:- Under this Annual Agreement the Sponsor will provide sponsorship support through an annual sponsorship fee of $140,000 (inclusive of GST) payable to the Recipient in two instalments of $70,000 (inclusive of GST). Payments to be made on or before 10 October 2010 and the second instalment on or before 10 April 2011. Sunshine Coast Regional Council Contract 2010-2011 Page 18 of 18 Suncorp Metway Qidc Groupr:\caps\caps live\system\caps documents\ordinary\attachment\standing committees\performance and service committee\daa suncorp sponsorship renewal for council s lifeguard service att app a suncorp spponsorship agreemen.doc
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