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Home My WebLink About07-225 Resolution No. 07-225 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEWSWEB RADIO GROUP 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 Newsweb Radio Group,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: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Newsweb Radio Group The Hemmens Cultural Center 2007-2008 Performing Arts Season PROMOTIONAL AGREEMENT HI AGREEMENT is hereby made and entered into this 'C14\ day of f Jme e,% , 2007, by and between the CITY OF ELGIN, ILLINOIS, a muni•ipal corporation (hereinafter referred to as "City") and Newsweb Radio Group of Chicago, Illinois, parent company of 9 FM and WCPT 850 AM Radio Stations, an Illinois corporation (hereinafter referred to as "Stations") . 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 Stations shall be listed as a sponsor 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 . Stations shall provide City with advertising in support of shows performed at the Hemmens Cultural Center, commonly known as "Phil Vassar, Alan Parsons LIVE Project, Rachael Price & TS Monk, Arlo Guthrie, Herman' s Hermits, Big Band Broadcast, Direct from Vegas, The Turtles, 1964, Chris Korblein, The Nylons, Gaelic Storm, Davy Jones, Brigid' s Cross, The Ides of March, Sarah Vowell and Jerry Stiller" (hereinafter referred to as "Sponsored Shows") , with advertising and promotional support (hereinafter referred to as "Advertising" ) for selected shows shall include, but not be limited to: • A minimum of fifteen (15) promotional announcements of : 30-: 45 in length on Stations; and • On-air giveaway of five (5) pairs of tickets over the course of five (5) weekdays on Stations; and • Placement of City' s Performing Arts Season brochures at Stations' live on-site appearances; and • Inclusion of individual shows on Stations websites (9 FM Concert Calendar and WCPT Event Section) for the duration of the season; and • Ticket giveaways on Stations' websites which shall be promoted via : 30 promotional announcements on Stations . Such Advertising shall be equal in value to not less than $75, 000 . 00 . The format, content and timing of said advertising shall be at the discretion of City and subject to the approval of Stations, which approval shall not be unreasonably withheld. 2 . City shall provide Stations with a Full page ad in the program for the Sponsored Shows . 3 . City shall either provide up to two (2) 3' x 6' mutually agreed upon spaces in The Hemmens' outer lobby at Stations Sponsored Shows for signage or project Station' s logo in The Hemmens' outer lobby. Signage shall be provided by Stations and subject to the approval of City, which approval shall not be unreasonably withheld. 4 . City shall provide Station with a mutually agreed upon area in The Hemmens' outer lobby for sponsor promotions during shows which are not specifically sponsored by other radio stations. 5 . City shall provide Stationswith five (5) pairs of tickets for one performance of each of the Sponsored Shows for Station giveaways . 6. City shall provide Stations with logo placement in 100, 000 editions of City' s season brochure next to the Sponsored Shows. 7 . City shall provide Stations credit for the Sponsored Shows in the SPIRIT, Elgin' s quarterly community newsletter. 8 . City shall provide Stations with logo placement and hyperlink on the Hemmens ' website next to the Sponsored Shows until the shows run. 9. City shall provide Stations with logo placement on all print advertising done for promotion of the Sponsored Shows. 10 . City shall provide Stations credit in television advertising and promotion, including credit on City' s Government Access TV Channels on Comcast and Wide Open West for Sponsored Shows. 11 . City shall provide Stations credit when promoting the Sponsored Shows on City' s electronic messaging center located at the intersection of Kimball Street and Grove Avenue in Elgin, Illinois . 12 . City shall provide consideration for paid commercial schedules on Station for selected shows during City' s 2007-2008 Performing Arts Season with radio/broadcast budgets . 13 . City and Stations shall include each other as additional insureds for the Arlo Guthrie concert on October 19, 2007 and the Gaelic Storm concert on February 15, 2008 . 14 . This agreement shall expire on May 24, 2008 . 15 . Stations agree to furnish reasonable proof of their performance of the obligations set forth in this agreement, upon the request of City. -2- 16. The parties may not assign, transfer, delegate or offer for resale any of the rights or obligations set forth in this agreement without the written consent of the other party. 17 . 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. 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 . In no event shall City be liable for monetary damages, including, but not limited to, compensatory, consequential or incidental damages or attorney' s fees, arising from or in any way related to any breach or other violation of the terms of this agreement. 22 . This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. 23 . This agreement is the sole agreement between the parties hereto. There are 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 Newswe Radio Group a' A It B 1 B 1 L Y - - =,'�. - _ Y dam_ (,1. City M. nger • V . Attest: Attest : Xr.,-,A..42, . u :-. C it Ci tr1e- -3- 0 OF E<�ti Agenda Item No. f4 City of Elgin August 3, 2007 TO Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager , ��cd'telGt LfY tin ar 1 Randy Reopelle, Parks and Reeleation Director (riltura O}'14 rf ' or AllCitz` Y P SUBJECT: Newsweb Radio Group Sponsorship of The Hemmens Cultural Center 2007 — 2008 Performing Arts Season PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sponsorship agreement with Newsweb Radio Group for the 2007-2008 Performing Arts Season. RECOMMENDATION It is recommended that the City Council approve the sponsorship agreement with Newsweb Radio Group. BACKGROUND The staff of the Hemmens Cultural Center has developed a sponsorship program for City sponsored shows in order to enable The Hemmens to bring in high quality performers, offer competitive ticket prices and broaden the theatre's exposure in the Elgin community and beyond. To this end, an effort was made to target local and regional businesses for sponsorship opportunities. Newsweb, the parent company of 9FM and WCPT, has again expressed interest in participating by sponsoring the performances referenced above. The main points of the agreement are as follows: The Hemmens will provide: 1. Station logos in 100,000 brochures for the sponsored shows distributed to The Hemmens' subscriber mailing list and to venues throughout the area. 2. Full page ads in the program books for the sponsored shows, valued at$1,500. 3. Station logos on all print advertising for sponsored shows. 4. Five (5)pairs of tickets to the sponsored shows for station giveaways, valued at$6,425. Newsweb Radio Group Sponsorship of The Hemmens Cultural Center 2007—2008 Performing Arts Season 4°1111) August 3, 2007 Page 2 5. Newsweb's logo and link to their website on the Hemmens Performing Arts Season webpage through the end of the 2007-2008 Performing Arts Season. 6. Credit as a show sponsor in all television advertising, including Elgin's government access Cable TV channels. 7. Space for signage in the Lobby of The Hemmens Cultural Center on the nights of the sponsored shows. Newsweb will provide its own signage for display. Newsweb will provide: 1. In-kind advertising and promotions on 9FM and WCPT valued at not less than$75,000. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None (OkiL__FINANCIAL IMPACT 4.11) The sponsorship agreement stipulates that the City will provide Newsweb with tickets and program advertising totaling $7,925. Newsweb will provide to the City $75,000 of in-kind advertising through 9FM and WCPT. EGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the sponsorship agreement with Newsweb Radio Group. 2. The Council may choose not to approve the sponsorship agreement with Newsweb Radio Group. Respectfully submitted for Council consideration. bw attachment I