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HomeMy WebLinkAbout09-117 Resolution No. 09-117 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NITELITE PROMOTIONS FOR PROMOTION AND MARKETING SERVICES 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 an agreement on behalf of the City of Elgin with Nitelite Promotions for promotion and marketing services, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 13, 2009 Adopted: May 13, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk A INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is hereby made and entered into this /3 day of-2n d' 2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referre to as "City") and Nitelite Promotions, an Illinois corporation (hereinafter referred to as "Contractor"). WHEREAS, City is presenting a series of concerts and theatrical productions during the years 2009 and 2010 (hereinafter referred to as "Season"); and WHEREAS, Contractor is qualified and trained to perform the function of Advertising Agent in a reasonable manner commensurate with the Season. 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. The following shows shall constitute "primary presentations" of the Season: a. George Jones b. Howie Mandel c. Rick Springfield d. The Oak Ridge Boys 2. The following shows shall constitute "Secondary presentations" of the Season: a. Elgin Summer Theatre b. Church Basement Ladies c. It's a Wonderful Life d. David Cassidy e. Los Lobos f. The Flying Karamazov Brothers 3. Contractor shall perform the function of Advertising Agent for the '09-'10 Season to the best of Contractor's abilities, which shall be performed in a reasonable, workmanlike manner. 4. Contractor shall develop and implement a complete advertising plan for the primary presentations of the '09-'10 Season using market appropriate media outlets which may include, but not be limited to, print, radio, TV, and internet. 5. Contractor shall include secondary presentations in any general, non-show- specific advertising for the '09-'10 Season. 6. All advertising plans are to be approved by City's Marketing Officer prior to implementation. Such approval will not be unreasonably withheld. 7. Contractor shall attempt to secure discounted advertising purchases on behalf of City and shall retain the difference between such discounted advertisement purchase rates and standard rates for Primary Presentations only. Additionally, City shall pay contractor the sum of$2,000 for marketing support, including but not limited to, developing press releases, e-mail and fax blasts to media outlets, and assistance in obtaining and preparing media interviews. Contractor shall not contract for or place advertisement purchases or provide marketing pursuant to this agreement without prior written approval by City for each such marketing action or advertisement purchase. In no event shall Contractor purchase advertising or incur other expenses pursuant to this agreement in an amount in excess of $38,000. For purposes of this paragraph, City expenditures shall be calculated based on the standard rate for any advertising purchases. 8. Contractor shall consult with and coordinate with City to utilize advertising discounts or in-kind media sponsorships/advertisements that have been obtained by the City; provided, however, that in no event shall Contractor receive any additional compensation for work performed in regard to such discounts or sponsorships/advertisements that have been obtained by the City. 9. Contractor shall be construed as an independent contractor for all purposes. Contractor shall not be entitled to any benefits, rights or remuneration other than the payment of the sum specifically provided for herein. City shall not be entitled to control or direct Contractor's means or manner of performing Contractor's performance of the terms of this agreement. 10. Contractor shall commence performance of the terms of this agreement on upon receipt of fully executed agreement. This agreement shall terminate on December 31, 2009. 11. Contractor shall hold harmless and indemnify City, its agents, employees, volunteers and assigns from and against any and all liability of whatsoever nature arising out of or in connection with production or Contractor's performance of the terms of this agreement, regardless of any alleged negligent acts by either party hereto. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. In the event the provisions of this paragraph are invoked, counsel for City shall be of City's choosing. 12. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with the provisions or performance of this agreement shall be in the Circuit Court of Kane County, Illinois. 13. The terms of this agreement shall be severable. In the event that any of the terms or provisions 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. rii CY"a R;u ii{ L` `Z, ;it,C�`�.�j'?a ; '. "a1`L:C` �( � p t ' r ai L„,, � 1::'t . l„ .. 14. This agreement shall not be construed so as to create a joint venture, employment, partnership or other agency relationship between the parties hereto except as is specifically provided for herein. 15. This agreement is the sole agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied between the parties hereto regarding the subject matter of this agreement. This agreement may not be modified or amended without the written agreement of the parties hereto. 16. Notwithstanding any other provision of this Contract it is expressly agreed and understood that in connection with the performance of this Contract that the Contractor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Contractor hereby certifies, represents and warrants to the City that Contractor and all Contractor's employees and/or agents who will be providing products and/or services with respect to this Contract shall be legal residents of the United States. Contractor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Contract. The City shall have the right to audit any records in the possession or control of the Contractor to determine Contractor's compliance with the provisions of this section. In the event the City proceeds with such an audit the Contractor shall make available to the City the Contractor's relevant records at no cost to the City. 17. Notwithstanding anything to the contrary herein, in no event shall City be liable to Contractor for any reason to any extent beyond the amounts specifically provided for herein. CITY 0 ELGIN Nitelite P omo 'ons• By CO _ C B y td.A.e.. Olu4mi T'%1';TG+y e picum Rob•r4.s«►, Ci ft uer ho-,t:f„tik .5 'G! 1:1 i€ti fi;d c-pi&h1, i ire". ,:cf h: t E L r= April 23, 2009 G • ! � TO: Mayor and Members of the City Council N FROM: Olufemi Folarin, City Manager RECREATIONAL L615VRE /OW,i Ill VtJRAI.tIPP.HTC/Mtll Randy Reopelle, Parks and Recreation Director yRA11 <„tl4NA SUBJECT: Marketing Agreement with Nitelite Promotions PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a contract with Nitelite Promotions. RECOMMENDATION It is recommended that the City Council approve a contract with Nitelite Promotions for promoter and marketing services in an amount not to exceed $40,000. BACKGROUND Nitelite Promotions is a concert booking and advertising company with a track record of successful events throughout the Midwest. Don Kronberg and his staff have partnered with The Hemmens for some of its most successful events, including Sara Evans, Phil Vassar, and BB King. Nitelite also regularly sells out shows at Joliet's 1,800 seat Rialto Square Theatre and Waukegan's 2,400 seat Genesee Theatre. For the 2009-2010 season, Nitelite has provided promoter services to The Hemmens, securing the services of George Jones, Howie Mandel, Rick Springfield, and The Oak Ridge Boys, as well as Creedence Clearwater Revisited for FoxFireFest. Staff would like to further utilize Nitelite's expertise by having them provide the primary marketing support for The Hemmens events mentioned above, as well as assisting City staff in promoting the rest of the season. Historically, no more than $10,000 per show has been spent on marketing and advertising Pursuant to the agreement, Nitelite would create and implement marketing plans for the specific shows, draft press releases, obtain publicity materials from agents, arrange interviews, etc. In addition, Nitelite would use their buying power to place ads (content and pricing approved by City staff) in print, radio, TV, and internet markets. All marketing plans and purchases will be subject to approval by City staff prior to implementation. Nitelite's compensation would consist of $2,000 ($500 per show) for marketing support plus retaining the difference between the discounted advertisement purchasing rates and the standard advertising rates. Marketing Agreement with Nitelite Promotions April 23, 2009 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost for the marketing assistance is a not to exceed total of$40,000. There are sufficient funds budgeted ($100,000) and available ($59,404) in the Recreation Fund, account number 296- 5402-765.32-04, (Hemmens Advertising), to enter into an agreement with Nitelite Promotions. Expenses from this agreement will be assigned to individual show project numbers. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the agreement with Nitelite Promotions in an amount not to exceed $40,000. 2. The City Council may choose not to approve the agreement with Nitelite Promotions. Respectfully submitted for Council consideration. bw attachment ,cy OF Etc, C>,�` � \y City of Elgin Memorandum r / Nil 1T[D F'-b Date: May 19, 2009 To: Butch Wilhelmi, Hemmens Cultural Center Supervisor From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-117, Adopted at the May 13, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Nitelite Promotions for Promotion and Marketing Services