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HomeMy WebLinkAbout07-212 Resolution No. 07-212 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH BONNEVILLE BROADCASTING (WDRV-The Drive Radio Station) FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a promotional agreement on behalf of the City of Elgin with Bonneville Broadcasting (WDRV-The Drive Radio Station) for the Hemmens 2007-2008 Performing Arts Season, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 22, 2007 Adopted: August 22, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk The Drive/Bonneville Broadcasting The Hemmens Cultural Center 2007-2008 Performing Arts Season Alan Parsons LIVE Project PROMOTIONAL AGREEMENT HIS AGREEMENT is hereby made and entered into this of , 2007, by and between the CITY OF ELGIN, ILLINOIS, a j1141-day muni ipat corporation (hereinafter referred to as "City") and Bonneville Broadcasting, parent company of WDRV, The Drive Radio Station, an Illinois corporation (hereinafter referred to as "Station") . WHEREAS, City owns and operates a theater commonly known as the Hemmens Cultural Center; and WHEREAS, thL parties hereto have each determined it to be in their best interests to enter into an agreement by which Station shall be listec as a sponsor for the aforementioned Hemmens Cultural Center. NOW, THEREFORE, in consideration of the mutual promises and covenants conta:.ned herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows : 1 . Station shall provide City with advertising in support of show performed Et the Hemmens Cultural Center, commonly known as "Alan Parsons LIVE Project" (hereinafter referred to as "Sponsored Show") , which advertising (hereinafter referred to as "Advertising") shall include, but not be limited to: • 10 On-air nentions on Station over the course of one week to promote a contest on Station' s website, valued at $7, 500 . 00 • Small box cn Station' s website home page for 10 days, valued at $2, 000. 00 . • Listing on Station' s concert web page, valued at $500 . 00 . • Ticket giveaway on Station' s "Drive Offers" web page with keyword, valued at $1, 000. 00 Such Advertising shall be- equal- in value to not less than $11, 000. 00 . 2 . City ;shall provide Station with a 1/2 page ad in the program for the Sponsored Show. 3 . City :hall provide up to two (2) 3' x 6' mutually agreed upon spaces in The Hemmens' outer lobby at Sponsored Show for signage. Signacre shall be provided by Station. 4 . City shall provide Station with six (6) tickets for Sponsored Show .tor Station use. 5 . City :hall provide Station with logo placement in 100, 000 editions of Cit'r' s season brochure next to the Sponsored Show. 6. City shall provide Station credit for the Sponsored Show in the SPIRIT, E._gin' s quarterly community newsletter. 7 . City :hall provide Station with logo placement and hyperlink on the Hemmens ' website next to the Sponsored Show until the show run. 8 . City shall provide Station with logo placement on all print advertisinj done for promotion of the Sponsored Show. 9 . City shall provide Station credit in television advertisements and announcements, including credit on City' s Government Access TV Channels on Comcast and Wide Open West for Sponsored Show. 10 . City zihall provide consideration for paid commercial schedules on StEltion for selected shows during City' s 2007-2008 Performing Arts Season with radio/broadcast budgets . 11 . This agreement shall expire on September 30, 2007 . 12 . The parties hereto agree to furnish reasonable monthly proof of performance . 13. 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. 14 . Upon lefault 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 defE.ult 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. In no event shall City be liable for monetary damage for any reason, including, but not limited to, compensatory, cpnsequential or incidental damage or attorney' s fees. 15 . This zgreement shall be subject to and governed by the laws of the Sta:e 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 . 16. 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. 17 . This Egreement shall not be construed so as to create a joint venture, partnership, employment, or other agency -2- - y relationship between the parties hereto except as specifically provided herein. 18 . This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. 19. The terms and provisions of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deomed to be void or otherwise unenforceable for any reason, the rema:.nder of this agreement shall remain in full force and effect. 20. This agreement is the sole agreement between the parties hereto. There a :e no other implied or oral agreements between the parties hereto. This agreement may not be modified except by written agreement between the parties hereto. CITY OF ELGIN Bonneville Broadcasting By `�1. lr►� ` ��'^• By City Ma ager /Mill- 66 li{ty f Attest: Attest: City Clerk 4306(n6ss ku' -3-