[Added 10-11-2021 by Ord.
No. 2021-75]
In an effort to support and improve various programs offered
by the City of Bloomington, it is in the best interest of the City
to create and enhance relationships with the private sector, including
individuals, corporations and other organizations, through sponsorship
arrangements. Sponsorship arrangements are deemed not to constitute
a public forum for communication and debate. The recognition rights
established by the sponsorships are established and retained at the
City's discretion. Sponsorships will create alternative revenue streams
that will increase the City's ability to improve and to maintain various
City programs and/or to provide enhanced levels of service and maintenance
beyond the core levels funded from other funds of the City for the
benefit of users and the community at large. In appreciation of such
support, it is the policy of the City to support our local businesses,
residents, and other organizations by providing these sponsors with
suitable acknowledgement of their contribution. However, such recognition
should adhere to the aesthetic values and purposes of the City and/or
its specific program. In addition, such recognition should not detract
from the public's experience or expectation, nor should it impair
the visual qualities of the City or be perceived as creating a proprietary
interest.
As used in this article, unless the context otherwise requires:
Cash, goods, and/or services, paid, given or provided to
the City at such time or times as set forth in the sponsorship agreement.
Any individual, partnership, corporation, firm, limited-liability
company, or other legal entity.
The display or announcement of a person's financial or other
contribution of value to an event.
An open competitive process whereby persons may express their
interest in participating in sponsorship opportunities with the City.
Requests for proposals shall include a summary of the sponsorship
opportunity, benefits for participation and a description of the open
and competitive procedure for expressing interest in participating
in sponsorship opportunities.
A person that enters into a sponsorship agreement with the
City.
A mutually beneficial arrangement between the City and a
person, wherein the person provides a financial contribution to the
City in return for recognition of the sponsor, for a specified period
of time, toward City events, programs, or functions.
A written agreement executed between the City and a sponsor
governing a sponsorship, on terms and conditions acceptable to the
City and the sponsor.
This policy shall not apply to gifts, grants, or unsolicited donations where no sponsorship agreement exists or is required. To the extent any provisions of this article conflict with the provisions of the City Code on entertainment facility contracts under Chapter 16, the provisions of Chapter 16 shall govern and control.
A.
The City Manager, or his/her designee, may approve sponsorship agreements
for City programs, events and other functions of the City in accordance
with the terms of this policy.
B.
Nothing herein shall provide any right to sponsor an event, function or program of the City and the City Manager may reject any proposed sponsorship agreement deemed not to be in the best interest of the City as set forth in § 2-906.
C.
There is no guarantee that sponsorships will be accepted by the City.
All funds received from general sponsorship agreements made
pursuant to this article shall be deposited into the specific fund
associated with the sponsored event, program or function; and if no
such fund is designated, then the funds shall be deposited into the
City's general fund.
A.
The following guidelines shall apply to a sponsorship agreement:
(1)
Signage, publications and informational notices shall conform to
all applicable laws, rules and regulations.
(2)
The sponsorship shall not confer a personal benefit, directly or
indirectly, to any particular City employee or official.
(3)
The sponsorship shall not constitute an endorsement of the sponsor
or its services and products, or create any proprietary interest of
the sponsor in the City or City-sponsored event or program.
(4)
No materials, communications, or advertisements, including, but not
limited to, print, video, internet, broadcast, or display items developed
to promote or communicate the sponsorship, may use the City's name,
seal, or logo without express prior written approval from the City.
(5)
The sponsorship shall not discriminate against any person on the
basis of race, color, creed, religion, sex, including gender identity
and expression, sexual orientation, age, marital status, ancestry,
national origin or disability.
(6)
Sponsors shall have no private speech right in the message the City
selects to recognize and the sponsor's only recourse shall be discontinuation
of the sponsorship or a prorated refund of the donation. Sponsors
shall be required to waive any claims and causes of action premised
on denial of its expressive or other alleged rights in relation to
the sponsorship.
(7)
Signage, branding, publicity and advertising in conjunction with
the sponsorship agreement:
(8)
Sponsorships shall be nonexclusive, and the City shall retain the
right to grant multiple sponsorships for any given event or program.
(9)
Sponsorships recognition benefits may include the following during
the term of the agreement:
(a)
Recognition of the sponsor for the event or program;
(b)
Appropriate mention in media releases and promotional materials
as sponsor for the event or program;
(c)
Appropriate sponsor signage at the event or program;
(d)
Appropriate recognition on the program website as a sponsor
for the event or program; and
(e)
Other possible benefits as negotiated.
(10)
Sponsorships may be terminated in writing at any time during
the term of the sponsorship agreement when, in the sole determination
of the City, the sponsorship is no longer in the best interest of
the City. If a sponsorship is terminated, the donated funds will be
returned. The refund will be prorated if certain sponsored events
have already occurred.
(11)
The City retains its rights and discretion to exercise full
editorial control over the placement, content, appearance, and wording
of sponsorship signs, affiliations and messages.
(12)
Sponsorship materials that advocate positions, contain price
information or an indication of associated savings or value, request
a response, or contain comparative or qualitative descriptions of
products, services, or organizations shall not be allowed.
B.
The following
criteria shall be considered before entering into a sponsorship agreement:
C.
The City possesses sole and final decision-making authority for determining
the appropriateness of a sponsorship and reserves the right to refuse
any offer of sponsorship and/or to sever any sponsorship relationship
when the City determines such to be in the best interests of the City,
including specifically where acceptance of a sponsorship would compromise
the public's perception of the City's neutrality or its ability to
act in the public interest.
The City Manager may adopt rules for the implementation, administration
and enforcement of this article. Such rules may include, but will
not be limited to, the:
A.
Types of events and programs that may be sponsored;
B.
When and whether a request for proposal process is necessary for
selection of the sponsor;
C.
Types of access to the commercial and/or marketing potential association
with the City, including giving sponsorship credit to the sponsor,
size, number, and placement of plaques or signs;
D.
Use of City logos; and
E.
Types of programs or events that are not eligible for sponsorship.
