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HomeMy WebLinkAbout05-197 • Resolution No. 05-197 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH Y103.9/NEXT MEDIA OPERATING, INC. (Ides of March and Buckinghams Performances) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute a Promotional Agreement with Y103.9/Next Media Operating,Inc.,on behalf of the City of Elgin for sponsorship in connection with the Ides of March and Buckinghams performances, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 22, 2005 Adopted: June 22, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Y103. 9 / NEXTMEDIA Operating, INC . The Hemmens Cultural Center 2005-2006 Performing Arts Season The Ides of March and The Buckinghams PROMOTIONAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 217-iv0 day of T0/0; , 2005, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City") and NEXTMEDIA Operating, INC. , parent company of Y103 . 9 Radio Stations, an Illinois corporation (hereinafter referred to as "Y103 . 9") . WHEREAS, City owns and operates a theater commonly known as the Hemmens Cultural Center; and WHEREAS, the parties hereto have each determined it to be in their best interests to enter into an agreement by which Y103 . 9 shall provide sponsorship for the aforementioned Hemmens Cultural Center. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows : 1 . Y103 . 9 shall provide City with a show sponsorship advertising support program (hereinafter referred to as "Advertising") , which shall include but not be limited: • 75 Promotional Announcements on Y103 . 9; • On-air ticket giveaways; • Promotional announcements beginning four weeks prior to show. Such Advertising shall be equal in value to not less than to $6, 000 . 2 . All advertising shall be calculated at the rates indicated in Y103 . 9 ' s rate card in effect at the time advertising is placed. All announcement schedules are subject to availability at time of offering and preemption by Y103 . 9 in the event time is sold commercially or used for public service announcements or programs . 3 . Y103 . 9 shall provide an introduction to the sponsored show by a Y103 . 9 on-air personality, pending approval of Artist . 4 . City shall provide Y103 . 9 with a half page ad in the program for the sponsored show. 5 . City shall provide space at Y103 . 9 sponsored show for signage. Signage to be provided by Y103 . 9 . 6 . City shall provide Y103 . 9 with six (6) tickets for one performance of the sponsored show for station use . 7 . City shall provide STAR an additional twenty (20) tickets to the sponsored show for on-air ticket give-away promotion . 8 . City shall provide Y103 . 9 with logo placement in 250, 000 editions of City' s season brochure next to the sponsored show. 9 . City shall provide Y103 . 9 credit for the sponsored show in the SPIRIT, Elgin' s quarterly community newsletter, distributed to over 32, 500 households 10 . City shall provide Y103 . 9 with logo placement and hyperlink on the Hemmens ' website next to the sponsored show until the show runs . 11 . City shall provide Y103 . 9 with logo placement on all print advertising done for promotion of the sponsored shows . 12 . This agreement shall expire on March 19, 2006 . Either party may terminate this agreement upon thirty (30) days written notice for any or no reason. In the event of such termination upon written notice, a reasonable period, not to exceed ninety (90) days, shall be allowed for equalization of reciprocal expenditures as provided for herein . Such equalization of reciprocal expenditures shall be determined in a mutual agreement . Should a mutual agreement not be reached within thirty (30) days, such equalization of reciprocal expenditures shall be calculated in City' s sole reasonable discretion. Upon the expiration of the term of this agreement, any merchandise or service due to Y103 . 9 shall be forfeited without recourse unless an extension of time has been mutually agreed upon in writing. 13 . The parties hereto agree to furnish reasonable monthly proof of performance . 14 . In no event shall the rights of such advertising time be assigned, transferred or offered for resale by City to any third party, agency or time broker. 15 . Upon default with respect to any provision of this agreement, the non-defaulting party shall provide written notice of such default to the other party, who shall then have five (5) days to correct the default or to commence corrective action in the event such default cannot be corrected within five (5) days; whereby such correction shall be completed within a reasonable time thereafter. In the event such default is not cured, the non- defaulting party may then immediately terminate this agreement without further liability. 16 . All advertisements, messages, products or services are subject to the prior approval of Y103 . 9 and shall comply with Y103 . 9 ' s rules, policies, standards and practices, and with all rules and regulations of the Federal Communications Commission, and any other governmental body having jurisdiction over the premises . -2- 17 . City shall provide Y103 . 9 admission for up to ten (10) people to Sponsor Only Reception in the South Lobby of The Hemmens Cultural Center the night of the show. 18 . This agreement shall be subject to and governed by the laws of the State of Illinois . Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 19 . The terms of this agreement shall be severable . In the event any of the terms or conditions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect . 20 . This agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto except as specifically provided herein . 21 . This agreement shall terminate on March 19, 2006. CITY OF ELGIN Ylt . 9/N XTM D A OPERATING, INC . By tilt) "y '`1 4 City Ma .ger Attest : Attest : City Clerk F:\Hemmens\2005-06\Sponsorships\05-06 Y103.9 Sponsorship Contract vl.doc -3-