HomeMy WebLinkAboutRule 17 - Rules Relating to Commercial Sponsorship of County Assets - Effective 02-01-2020 RULES AND REGULATIONS OF THE
DEPARTMENT OF PARKS AND RECREATION
OF THE COUNTY OF HAWAII
RULE 17
RULES RELATING TO
COMMERCIAL SPONSORSHIP OF COUNTY ASSETS
EFFECTIVE DATE: FEBRUARY 1 , 2020
TABLE OF CONTENTS
Section 1 Purpose 1
Section 2 Definitions 1
Section 3 Commercial Sponsorships 2
Section 4 Exclusions 3
Section 5 Sponsorship Guidelines 3
Section 6 Funds Received from Sponsorship Agreements 6
Section 7 Sponsorship Agreement 6
Section 8 Sponsorship Termination 7
Section 9 Severability Clause 7
RULES AND REGULATIONS OF THE
DEPARTMENT OF PARKS AND RECREATION
OF THE COUNTY OF HAWAII
RULE 17 - RULES RELATING TO COMMERCIAL SPONSORSHIP OF COUNTY
ASSETS
Section 1 Purpose
The purpose of this rule is to comply with and implement, administer, and enforce
the requirements of Ordinance No. 18-32 of the County of Hawaii, including
prescribing the procedures for the Sponsorship of County Assets.
Section 2 Definitions
As used in these rules, except as otherwise required by the context:
A. "Cash sponsorship" means a type of sponsorship where a sponsor
provides cash.
B. "Contribution" means cash, goods, or services, paid or provided to
the County at such time or times as set forth in the sponsorship
agreement.
C. "County asset" means a County facility, park, program, equipment, or
tangible property.
D. "Equipment" means any vehicle, construction equipment, machine,
device, gear, apparatus, or tool valued in an amount no less than
$20,000 used in the operation of the County but does not include
buses operated by the County.
E. "Facility" means any building, including any stadium, arena or station,
owned, managed or operated by the County.
F. "In-kind sponsorship" means a type of sponsorship where a sponsor
provides a good or service.
G. "Person" means the same as defined in section 1-4 of this Code
H. "Program" means any program, festival, contest, event, fair, athletic
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activity, gala, or similar event provided by a County department in
connection with the operations of a department.
I. "Sponsor" means a person that enters into a sponsorship agreement
with the County.
J. "Sponsorship" means a mutually beneficial arrangement between the
County and a person, wherein the person provides a financial
contribution to the County in return for sponsor recognition on or in
connection with one or more County assets, for a specified period of
time.
K. "Sponsorship agreement" means a written agreement executed
between the County and sponsor governing a sponsorship, on terms
and conditions acceptable to the County and the sponsor. A
sponsorship agreement may include provisions that allow for the
recognition of the sponsor.
L. "Sponsorship recognition" means a tangible acknowledgment and
expression of gratitude issued as part of the sponsorship agreement.
M. "Council" means the Hawaii County Council.
N. "Department" means the Department of Parks and Recreation of the
County of Hawaii.
0. "Director" means the Director of the Department of Parks and
Recreation, County of Hawaii.
Section 3 Commercial Sponsorships.
A. In accordance with the provisions of this article, executive agencies of
the County may accept contributions valued in an amount no less
than $20,000, from sponsors in exchange for sponsor recognition.
This article and sponsorship agreements entered into pursuant to this
article, shall be implemented and executed in accordance with all
applicable laws, including chapter 89, Hawai'i Revised Statutes.
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Section 4 Exclusions.
A. This article does not apply to:
a. Gifts, grants, or donations accepted pursuant to article 30 of this
chapter, where no sponsorship agreement exists or is required;
b. Naming of facilities pursuant to chapter 15, article 8; and
c. Events sponsored or co-sponsored by the County pursuant to other
ordinances or rules.
Section 5 Sponsorship Guidelines
A. The County possesses sole and final decision-making authority for
determining the appropriateness of a sponsorship and reserves the
right to refuse to enter into any proposed sponsorship agreement.
B. The administrative head of a County department, office, or agency,
with the concurrence of the Director of Finance, shall have the
authority to negotiate a sponsorship agreement, for a contribution
valued in an amount no less than $20,000.
C. Each sponsorship agreement must specify whether the sponsorship
for a particular asset will be exclusive or non-exclusive. All
sponsorship agreements must be authorized by County Council by
resolution and signed by the Mayor.
D. Sponsorship recognition may include the following, or any
combination thereof, during the term of the agreement:
a. Recognition of the sponsor for a specific County program;
b. Appropriate mention in media releases and promotional materials
of a sponsor for the County program;
c. Appropriate sponsorship recognition or display at the County
program location;
d. Appropriate recognition on the program website as a sponsor for
the program; or
e. Other possible benefits as negotiated.
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E. Any physical form of sponsorship recognition must blend in with the
surrounding environment.
F. No materials, communications, or advertisements including, but not
limited to, print, video, Internet, broadcast, or display items developed
to promote or communicate information about the sponsorship, may
use the County seal except pursuant to a sponsorship agreement that
has been authorized by the Council.
G. Sponsorship materials that advocate, 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 are prohibited.
H. Sponsorship recognition shall not constitute a public forum for
communication and debate.
Sponsorship recognition, branding, publicity, and advertising in
conjunction with the sponsorship agreement must not contain the
following:
f. Obscenity;
g. Pornography;
h. Incitement to imminent lawless action;
i.Speech presenting a grave and imminent threat;
j. Fighting words;
k. Fraudulent material;
I.True threats;
m. Defamatory, libelous, or slanderous material;
n. Solicitations to commit, or speech integral to, criminal conduct;
o. The promotion of drugs, alcohol, tobacco, gambling, or adult
entertainment;
p. Political campaign speech, or speech that supports or opposes or
appears to support or oppose a ballot measure or initiative, or
refers to any person in or campaigning for public office; or
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q. Religious speech that advocates or opposes a religion or religious
belief.
J. Sponsorship recognition, publications, and publicity must conform to
all applicable laws and rules, including but not limited to chapter 445,
part IV, Hawaii Revised Statutes, pertaining to outdoor advertising,
including billboards, and Chapter 3 of the Hawaii County Code,
pertaining to sign regulations.
K. The County retains its rights and discretion to exercise full editorial
control over the placement, content, appearance, and wording of
sponsorship recognitions, affiliations, and messages.
L. No sponsorship message may be placed on a County asset except
as authorized in an approved sponsorship agreement.
M. The County shall not relinquish any aspect of the County's right to
direct, manage, and control a County asset.
N. Except as required by law or expressly established by an affirmative
action by the Council, sponsorship shall not convey upon any person
the right to access or use a County asset for any purpose other than
the intended and authorized governmental purpose or service.
0. Sponsorships shall not be deemed to constitute an endorsement of
the sponsor or its services and products, or create any proprietary
interest of the sponsor in the County or the County assets.
P. The sponsorship must not confer a personal benefit, directly or
indirectly, to any particular County officer or employee.
Q. The sponsorship must not create a conflict of interest for the County.
R. Sponsorships with persons that have a pending open application with
the County for a discretionary approval; or
S. Sponsorships from persons opposing the County in a pending or
ongoing legal proceeding are prohibited.
T. Sponsorships that involve situations where the corporation counsel
determines that there would be or are conflicts are prohibited.
U. Sponsorships shall not be deemed to constitute an endorsement of
the sponsor or its services and products, or create any proprietary
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interest of the sponsor in the County or the County assets.
V. The sponsorship must 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.
W. Sponsors shall defend, indemnify, and hold harmless the County, its
officers, agents, and employees against all liability, loss, damage,
cost, and expense, including attorneys' fees, arising out of or
resulting from the acts or omissions of the sponsor, its directors,
employees, officers, agents, or contractors, in connection with the
sponsorship and the sponsorship agreement.
Section 6 Funds Received from Sponsorship Agreements
A. All funds received pursuant to sponsorship agreements will be
deposited into the appropriate fund as determined by the director of
finance, provided that such funds are expended for their designated
purpose.
Section 7 Sponsorship Agreement
A. Once the County and potential sponsor have come to an agreement
regarding the material terms of the sponsorship, the parties shall
enter into a sponsorship agreement, which shall include the following:
a. Identify the County asset to be sponsored;
b. Specify the consideration or support, whether cash or in-kind, to be
provided or given to the County by the sponsor;
c. Specify the sponsorship recognition being granted to the sponsor in
exchange for the sponsorship;
d. Specify the term of the sponsorship;
i. Specify whether the sponsorship of the County asset is
exclusive or non-exclusive;
ii. Provide that the sponsor shall defend, indemnify, and hold
harmless the County, its officers, agents, and employees
against all liability, loss, damage, cost, and expense,
including attorneys' fees, arising out of or resulting from the
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acts or omissions of the sponsor, its directors, employees,
officers, agents, or contractors, in connection with the
sponsorship and the sponsorship agreement; and
e. Be signed by the sponsor, Director, and the Director of Finance.
B. The sponsorship agreement shall be retained for a period of six (6)
years beyond the termination of the sponsorship agreement.
Section 8 Sponsorship Termination
A. A sponsorship agreement may not specify a term longer than five (5)
years, unless a longer duration is approved by resolution of the
Council and signed by the Mayor.
B. The sponsorship agreement may be terminated in writing at any time
during the term of the sponsorship agreement when, in the sole
determination of the County, the sponsorship is no longer in the best
interest of the county.
Section 9 Severability Clause
If any provision of these Rules and Regulations or the application thereof to any
person or circumstance is held invalid by court of competent jurisdiction, such
invalidity shall not affect other provisions or applications of the Rules and
Regulations which can be given effect without the invalid provision or application,
and to this end, the provisions of these Rules and Regulations are declared to be
severable.
All policies, certificates, and endorsements shall be sent to the Department of
Parks and Recreation, County of Hawai'i, 101 Pauahi Street, Suite 6, Hilo,
Hawaii 96720.
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CERTIFICATION
I, Roxcie L. Waltjen, Director of the Department of Parks and Recreation of the County
of Hawai'i, State of Hawaii, do hereby certify:
1. That the foregoing is a full, true and correct copy of the amendments to the Rules
and Regulations of the Department of Parks and Recreation on matters relating
to Commercial Sponsorship of County Assets which were adopted on January
21, 2020, after public hearings were held in Hilo on January 15, 2020.
2. That notice of the public hearings on the foregoing rule, which included a
statement of the substance of the proposed rule, was published in both the
Hawaii Tribune-Herald and the West Hawaii Today on December 15, 2019..
Dated this 21st day of January 2020.
t
ROXC L. WALTJEN, Dire or
le.. ment of Parks and Re ion
County of Hawaii
APPR VED:
. --HARR IM
Mayo
Coun of Hawaii
APPROVED AS TO FORM AND LEGALITY:
Zy51
D oration Counsel
County of Hawaii
I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk
this 21st day of January 2020.
ANIL Alk
nt Clerk
County of Hawai'i