County park sponsorships: rules for agreements and ads

A. The director may enter into an agreement, exclusive or non-exclusive, with a sponsor, subject to the requirements of Chapter 102, Hawaii Revised Statutes, where applicable, that may include, but shall not be limited to: 1. Naming rights for a County park or recreational facility. a. Naming rights shall enhance, not replace, the names designated in chapter 12.40 of this code. b. Naming rights under a sponsorship shall be exempt from the requirements of chapter 2.98 of this code except for section 2.98.040 (C) establishing criteria and standards for naming parks and facilities. 2. Advertising rights at or in a County park, recreational facility, program, or event. Advertising shall include, but not be limited to the following: a. Sponsor signs and banners; b. Sponsor logos on publicity materials, including programs, posters, advertisements, and tickets; c. Acknowledgment in news releases and media; d. Verbal announcements; e. On-site displays; f. Product sampling and other merchandizing; g. Exclusivity for product or service; or h. Hospitality, including designated parking, seating, and tickets. 3. Sponsorship of a signature event or festival. 4. Acknowledgement or recognition in media releases and promotional materials of a program or event. 5. Recognition on the program or event website. 6. Purchasing or providing funds for park components in return for acknowledgement or recognition. 7. An adopt-a-park or adopt-a-facility program. B. All messages conveyed by sponsors, in relation to sponsorship agreements, shall not include: 1. Political campaign speech; 2. Religious speech that advocates or opposes a religion or religious belief; or 3. Entities that practice or promote discrimination based on race, color, creed, religion, sex, national origin, sexual orientation, gender identity, disability, marital status, socioeconomic status, or age. C. Unless authorized in accordance with law, sponsors shall not use the County name, seal, or other insignia. D. Sponsorships and all messages conveyed shall be consistent with the image, values, and objectives of the County. E. Value. Sponsorship agreements shall be valued by the director in an amount commensurate with the relative value of the benefit conferred upon the sponsor. F. Approval. All sponsorship agreements shall be subject to review by the corporation counsel and those with a value in excess of $5,000 shall be subject to council approval by resolution. Notwithstanding the foregoing, all sponsorship agreements involving naming rights shall be subject to criteria and standards set forth in section 2.98.040 (C) and shall be by two-thirds council approval by resolution. G. All advertising shall comply with all applicable laws, including those relating to signs and shall be submitted to the director prior to approval in sufficient detail to determine content and final general appearance. H. Reports. On or before March 1 of each year, the director shall provide to the council a detailed report on the financial activities, revenues, and status of each sponsorship award during the prior year. ( Ord. No. 4437, § 3, 2017 )