HomeMy WebLinkAbout08-20 Resolution No. 08-20
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
COMCAST SPOTLIGHT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Comcast Spotlight for advertising of city facilities and programs,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 13, 2008
Adopted: February 13, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
c-1
Resolution No. 08-20
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
COMCAST SPOTLIGHT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Comcast Spotlight for advertising of city facilities and programs, a
copy of which is attached hereto and made a part hereof by reference.
Ed Schock, Mayor
Presented: February 13, 2008
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Diane Robertson, City Clerk
/
/ _(//
it!)t..te
1.4 • 4_,
ComcastCable Television Contract
O'Hare Plaza 1, 8745 West iggins Road, 4th Floor
SPOTLIGHT
Chicago, IL 60631
Main (847)384-5000
Fax(847)384-5083
Advertiser xDNew x❑Direct
City of Elgin
Product Product Class Renewal Agency
Varies Per Business
Contact/Buyer Account Executive ❑Revison
Cherie Murphy Geoff price
Bill To:
Client/Agency Phone Number Account Number
Address Affidavit Required? Co-op Schedule
150 Dexter Court nYES nNO nYES nNo
Contract Dates
Elgin, Illinois 60120 February 2008-January 2009
Order Date Start Date
1/23/2008 TBA
Day of Day- Spot # Weekly #
Markets/Network Effective Dates Total Cost
Week part Len. Cost Spots Cost Weeks
Elgin & Surrounding cable markets $ -
as determined by client. $ -
16 $
1) Hemmens TBA M-S 30 $ 10.00 1714 $ 17,140.00
2) Golf TBA M-S 30 $ 10.00 1428 $ 14,280.00
3) The Centre TBA M-S 30 $ 10.00 1428 $ 14,280.00
4) Special Evnts TBA M-S 30 $ 10.00 1714 $ 17,140.00
5) Parks & Rec TBA M-s 30 $ 10.00 1428 $ 14,280.00
$ -
$ -
$ -
Reservation Lists * Individual rates, networks TOTAL CONTRACT $ 77,120.00
and schedules will vary as determined by AGENCY DISCOUNT 30% $ 23,136.00
the (above) businesse's specific needs. NET $ 53,984.00
Schedule based on availability. For make-goods Advertiser agrees that Company may use alternate Networks and Zones in its
sole;scretion.
X T'� ..,.......2,../13/08 GV,cd::4-: A \/a ti/op
Accepted o •.ve ,er ., Date Accepted for Cable System Date
OLUFEM • V N, CITY MANAGER CI-e.6 .; V\C e S Rti. -
Print Name Title Print Name Title �c F
:-.....,.•'o:7" --/ 1/7
Accepted tor Agency Date Managers royal Date
//�yPrint Name Title Print Name Titles
I agree to the above rates and net 30 day terms. • Subject to management approval
NOTE: This agreement is subject to the Terms and Conditions listed on Page 2.
Updated 7/17/06 Page 1 of 2
5'
Terms and Conditions
The organvniunlcorpnnaion/ildivtdual('Advertiser")contracting lir the cahkcast,menet placement or VIII)placemen(collectively"distribution")of commercial announcements described on the reverse side hereof or attached
hereto and Conneast Spotlight,the.and the cable service operating subsidiary of Coneast C'orpratinl providing such colmnrcial announcements (collectively"Compmy)hereby agree to he hound by the tioiwtng terins and
cont]it ions,
I. BILLING AND PAYMENTS, at the Company 10 days before the distribution date.the Company will use S. WARRANTIES.
(a)Company will hill Adveniser nunlhly or n end of schedule,using the reasonable efforts to distribute commercial announcements received from (a)Advertiser warrants and represents that all basic cmlpnnmc copy or other
Stallard Broadcast Month.unless otherwise provided onthe Work Order Advertiser despite late delivery. but shall not he liable fur commercial materials used in comieetiu with the dNrihutem of the etmnrei l
or Advertising Agreement("Work Oner"). announcements that are not distributed due to late delivery by Advertiser. antsuncenn dos not infringe the ospyrighn,ownership or authorship of any
mhi['mitten'shall he made in advance of Jisritutim date unless credit Notwithstanding the loregutng,it.such announcements and instructions do third party.All advertising shall he Iron and clear ti rdilriutkm withtt further
arrangelnns acceptable In the Company have previously been Rade in not arrive at the Company at least lIt days before the distribution date,the payment of copyright or other fees or ldraining any consents or appmeah.
writing,in which event payment shall be made no later than ill days alter Company may hill Advertiser for the time reserved un the Work Order. All :Wven iser warrants and represents that the content of all comrer'i t
receipt by Advertiser of an invoice land affidavit of performance if material shall ne'oltlnmidate the Netscape Cominunicati ons Browser and announcements innpli s with all ederal slate,and local mkt and regukunns
affidavit is requested by Advertiser). HTML 3.0 Progratuning language or other such system etnpkiyed by of the Federal'trade C'ontnissiu.(h)Company herby disclaim any and all
Ic)Invoices shall contain infornlati n with regard to the pnducl type. Comcast. All programming codes and computer tiles are the property of warranties in'hdtng wiho. [imitative any warrunis of tten'hanabiliy.
quantity. length. rate, network and any additional identification cites Company. tine's lir a particular purpose(Sr other warranties arising by usage of trade.
provided by Advertiser and reasonably acceptable to the Company. Id)Notwithstanding anything in this contract to the contrary,commercial utuse of dealings or course 1,1 performance.Wilton limiting the liregomg,
Additional charges other than for distribution of commercial announcements provided by Advertiser are subject to Company approval Colrlpany spcilkally disclaims any warranties reining to the etictiven•ss 01
announcements may he itemized on a separate toylike. and Network Restrictions. Company retains a continuing right to reject any any advertisements distributed pursuing to this contract and dies not gu ren leo
Id)Affidavits,when requested by Advertiser,shall state dates and times commercial material submitted by Advertiser.including but not limited to, any fnan'ill tankfis to Adveniser by virtue of distributing Advertiser's
taken front the official log maintained by the Company. When certified by the right to reject for unsatisfactory technical quality or objectionable or c,mercill announcements.
the Company.such excerpts from the official log shall be the affidavits of unlawful content,as determined by the C'otnpany in its sok discretion. If
performance and net as proof of performance. any commercial announcement is unsatisfactory,the Company shall notify 9.CONFIDF,NTIAI.INFORMATION. C'onpany and Adsenisr each
let Advertiser agrees to pay all amounts payable under this contract and is Advertiser, and unless Advertiser furnishes satitacriry material in a agree Ins pntevt all"Confidential or Proprietary Int-or-minion"provided by one
liable tier payments to he made under this contract. Where Advertiser is an sufficient amount of tine in advance of distributim as determined by the party to the eller or obtaiad in the performance of this Agmenenl,and ma to
advertising agency or media buying service.the person.finis or corporation Company,the Company may hill Advertiser for the time reserved on the publish or di'lise die other patty's Cotfakntal or Proprietary Inlomnt kin to
that authorizes advertising agency to contract fur the commercial Work Order. any third party without the other's written permission Company and Advertiser
announcements covered by this contract shall he liable for all such agree to make commercially reaun:Mk .steps rl pntai the other pany's
payments and fees in the event of default by advertising agency. Under rode 4.WEB SITE DESIGN. Company reserves the right to rehsigt or IndBy Confidential or 16ospmet:ry Infonrcu'u,which steps Jab include no less than)
circuinstmces shall the Company he liable for an amount owed by the organizatksr stricture or'look and leer of any Web Site used for the degree ant level of care that it protects its own proprietary inlimtrtkm.
Advertiser to an advertising agency acting for Advertiser and Advertiser advertising in conjunction with any Work tinier at any time without notice.In Each party will identity its Confidential or Propel:I:try Inoue at len in writing to
agrees to hokl the Coimpany harmless from any such claim Intik against the event such modifications attest the placemen of the advenienen. the other patty within IS days of disclosure,unless the material is identified as
the Company by any such adveniing agency. Company shall have the Company will notify Advertiser and will work with Advertiser to display the usnldenal or proprietary when delivered. Lich of Company and Advertiser
right to notify any of the foregoing parties of all liabilities and terms of this :dvenisenten in a comparable pkat on the Web She. Company makes no agree to use the C'onlhenlal or Pnipntay Inlonng un solely for the purposes
contract. repreesentatisns,warranties or guaranies of any kind.either expe..s Its implied of performance under this Agreement and shall tontine the knowledge of such
top Accounts not paid when due shall he considered delinquent and shall with respect m the Web Site or she functionality,performance or resuits of use Confidential or Pnmpriet:ry Inlorintaion only to is emshmyecti.agencies and
hear a service charge of the lesser of 1.5'4 per month or the highest interest Ibex t:inckdling wihou limitation,any warranties of merchantability.fitness other representatives requiring.succi knswkdge and use in IIB ordinary course
rate perrnitted under applicable law on the unpaid balance from but due for a particular purpose or other vvirranes arising by usage of trade.course of and scope of then Kips. However,the recnc'Ing party may use or disclose
date. Advertiser shall reimburse the Company for all amounts incurred in dealings or course of peronlance. Without limiting to generality of the infimratkm sisal it or Iacutns publicly available trough no ail of the rmeivmg
connection with collection activities, including. but not limited to. foregoing. Company does nn warrant or guarantee that the Web Site or pity,is already lawfully in its possession,i nquind to he dikssd by law,is
collection agency charges and costs.attorney tees and costs. operation themif will he uninterrupted or will meet AJsentiser's requirements. independently dee:kit ed by it,or i lawfully obtaind fotn third panis-
Advertier shall not isle any press releases relating to this commit
2. TERMINATION. 5. RATES AND CHAR(;ES.
la)Commercial announcements may.he cancelled by the Company in its la)Company reserves the right to increase rates at any lime without prior
sol discretion upon 5 days poor notice.Company reserves the right to nuke,'nut no such increases shall be applied to distrihutiols under this The personally tknMahe information('9111')of Company's subscribers
immediately cancel this contrail at any time upon notice whether given contrast unless otherwise pro ided mole Work Order. using the Web Site and VOD service constitutes "Confidential or
orally or in writing t 11 upon default by Advertiser in the payment of hills. Ih)Advertiser may contract for dist rihut ion of commercial announcements Proprietary Information" pursuant is this paragraph. Such P11 shall
12)for any iter material breach of the terms hereof.13)if Company of various lengths subject to the('onilpanl)'s rate card and only with prior include, without limitation. name, address, telephone numbers. social
determines that a commercial announcement fails to meet Company's Company approval. security numbers,PIN number,credit card rr balk account numbers,email
content guidelines.14)if a commercial announcement violates any federal. (e)Spit Cable advertisements will be billed)at a'814 threshold. addresses dor billing addresses. To the extent Advertiser receives P11 from
state or kcal law or 15)a coimnervial announcement contains material that m about Web Site and VIII) users through the prtorntance of ns
violates the rights of a third pansy. Further,Company nay cancel this 6.FAILURE'10 DISTRIBUTE..If to C'oulpany tails to distribute any obligations under this contract,Advertiser will use such information solely
contrast for convenience on 5 days prior notice. Upon cancellation,all cosmrercial announcement or program material at a scheduled bone,due to for purposes of responding In or fulfilling the stectlte customer-initiated
charges for the distribution of emmnr:ial announcements completed) public emergency or necessity.tiirce Inajeure,estrktkms imposed by law. transaction fie.,customer request for information)through which such
hereunder and not paid shall tecutn immediately due and payable. acts of God,later disputes.mechanical or electronic breakdowns,or for information was obtained Advertiser will nut retain or use such P11 for any
(h)Advertiser may cancel the distribution of cutni erctal annaunceinents uh any other reason. the Company shall offer Advertiser)i) comparable other purpose unless it receives the customer's separate prior written or
hell seconds or less duratkin upon 14 days'prior written notice to Company commercial announcement time OR a substitute basis,or(fit a reduction in electrunk eumenl to do so. Advertiser will not dtsckise such to any third
to he effective no earlier than 14 days alter the commencement of the bine charges equal to the amount of money prsponumally assignable to ply without the customer's separate prior written or electronic consent.
distribution of commercial announcement under this contract. Advertiser such commercial announcements nut distributed. Advertiser shall have the Advertiser agrees to display its privacy policy in a readily accessible and
may cancel the distribution of commercial announcements of more than 611 benefit of the saute discounts that would have been earned it there had been conspicuous location and to take reasonable steps In enable ousloiners its
seconds in duration upon 28 days'prior written nonce m Company to be no interrupt'ins or omission in the distribution. access Advertiser's privacy policy. Adveni•r agrees to comply with all
effective o earlier than 28 days alter the first date of distribution under this applicable privacy laws.
contract. 7. INDEMNIFICATION;LIMITATION OF LIABII.ITY.
Ic)If Advertiser cancels this contract,all discounts shall be void and rates ta)Company shall hokl Advertiser harmless against all liabilities esuktng 111.GENERAL_
on the then current rate card in effect will apply to any commercial from the distrihlt km of program material furnished by the (company: (a)Company obligations hereunder are subject to the terms and conditions
annunements distributed up m the dale of cancellation, In addition provided,however,that the Company shall not he responsible for any of licenses held by the parties hereto and are also.subject to all federal
Advertiser will pay all non-recoverable out-1pocket expenses incurred in liabilities arising oat of the content of program and/or comunrc ial material state.and municipal laws and regulations now enforced or which may he
connection with any promotion. contest. sweepstakes or other service provided an/or authorized by Advertiser enacted in the fume.(b)Thi contract.including the rights under it.may
provided to Advertiser by the Company Our any of its affiliates).If the (h)Advertiser shall indemnify,defend,and tusk]the Company harmless not be assigned or transferred by Advertiser within first obtaining the
Company cancels this conrasi other than lisr cause due to a breach by against all liabilities arising inn of the creation and provision of,and the written consent of the Company;or may the Company he required to
Advertiser.Advertiser shall have the benefit of the same dlscmultts that it content of program andfor comterctal material provided an/or authorized distribute the commercial announcements hereunder for the lenfn of any
wuukl have earned had it leen allowed to trllpke the contrail. by Advertiser and a breach rf this Agreement.Advertiser further agrtes to advertiser other than the parry named on the Work Omer. Failure of the
Id) It Advertiser cancels any special prumsitrn, contest, sponsorship, indemnify.defend and hill the Company hannkss for and against all Company or Advertiser to enfrre any ul the provisions herein shall not he
sweepstakes or other service providd to Advertiser by the Company(or liabilities by reason of(i)any claims.suits or proceedings arising by reason n construed as a general relinquishment ur waiver as to that or any other
my ul its affiliates),at the Company's sok discretion,any related discounts of any advertisement plaid on Company's Web Site relating to any virtu, provision.(c)Company shall exercise oral precautions in handling of
for commercial announcements shall he void and rates on the current rate worm or Horse dr other cotnatmilanmg dr dsgrnllve features property and mail. but assures no liability ler kiss or damage 10
card shall apply ts all commercial announcements to which such discount eootaned in the adsertiselen or arty other nsherials or nlismsuiton to which commercial material and oiler property furnished by Advertiser hereunder.
applied. end users of the Web Site can link from the advertisement or Web She:(ii)Web Company will not accept sir process flail correspondence,or tekphune
Site downtime caused by.server dorwnlinae.Ickeummnicatims dowtnune from calls in connection wish distribution of commercial anouncemens
3. PROGRAM AND COMMERCIAL MATERIAL, either Company's equipment ler that of Company's service provider or hereunder.(d)All production materials provided by the Company and used
Ia)Unless otherwise noted on the Work Order,all Inaterals for commercial duwtatme caused by my other realm;]iii)periodic downtime fir improvenents in program and c omnercial announcements are and rennin the exclusive
announcements shall be furnished to the Company by Advertiser that arise on of or are cause]by the imstmlim,rtatnena lee,imalbaim. Property Mlle Company unless specifically noted on the Work Order or in
Advertiser shall he responsible.at its sok expense,for securing all rights. prvene•use or removal of systems,eputpren or otherwise that are to he an agreement for production services between the Company and
licenses.releases and consents required in connection with the commercial curuaxtcsl to Company",servie.Where Advertiser is an advertising agony, Advertiser.(e)Cougany shall only recognize agency commissions that
announcements including,but not limited 10,copyright penonnan'e and such advertising agency and the person,limb or corporation that authorizes conform to industry standards and practices.11)Elie number of cable hones
MUSIC synchrnnizalim rights with regard to all materials including,but inn such advertising agency to con,act lir the commercial announcements receiving advertisements on any network i an estiumale and may vary by
limited to video. audio. script and talent furnished by Advertiser or covered by this contract shall he jointly and severally liable for all geographic areas and amber factors. The information provided will he
mstaermi which the Company'is dieted by Advertiser ill use. Company in emnificatim obligations in favor of the Company hereunder. periodically updated by the Company.For mate information please contact
reserves the right In reject or edit any such materials. All expense (c)Other than as set forth in Paragraph 6 above,and notwithstanding your Advertising Saks Executive.Company may not have the capability
connected with the delivery of commercial announcements to the anything in this contract to the contrary,the sok remedies available to to insert ons HD netwouls.Audience estimate for HD pnigraa iag
Conpany.and with return therefrom if mecum is directed on the Work Advertiser for a breach of this contr.t or for any other claims arising out have not been adjusted for nen-imertiim (g)chi contract contains the
(Kier,shall he paid by Advertiser. of the negotiation nn performance of this contract or out of the distrihutim entire agreement between the parties relating to the subject material herein
Ihi For spot cable commercial announcements, Advertiser shall deliver of program an/ar commercial announcements provided by Advertiser shall contained,and no change or modification of any of is provisions shall he
commercial announcements and scheduling instruction:it,the Company at he:Oil substitute distribution of commercial announcements or program effective unless made in writing and signed by hth panics. Ihi This
least 48 hours in advance of the scheduled dislnbutim date. If such material as set forth in paragraph 6;or Iii)a refund of amounts paid by contract shall be interpreted.governd and construed in accordance with
announcements and instructions do nn arrive at the Company 48 hours Advertiser for the unfulfilled portion of this contract. the laws of the State of New York without regard to its principles
before the distribution date,the Company will use reasonable efforts to governing conflicts of law. All disputes,controversies or chains which
distribute commercial announcements received from Advertiser despite We IN NO EVENT SHALL.THE COMPANY BE LIABLE FOR ANY relate in any way to this Agrenen will he resolved by arbitration in New
delivery,but shall not he liable for commercial announcements that are of INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, York,New York in accordance with the Cutmnrcial Arbitration Rules in
distributed due to late delivery by Advertiser. Notwithstanding the PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT the Arrlerk'n Arbitration Association. The award by the arbitrators shall
foregoing. if such announcements and instructions do not arrive at the LIMITATION,DAMAGES FOR LOSS OF BUSINESS PROFITS, he f• . 'n' ��`any court having jurisdiction.
Company at least 48 hours before the distribution date,the Company may BUSINESS INTERRUPTION, GOOD WILL ()R OTHER
hi II Advertiser for the lime reserved on the Work fitter. PECUNIARY LOS,SI ARISING OUT OF THIS CONTRACT OR BE A hoori ; �_ - — _2/13/08,y/1 3/O Q
e) For Web Site commercial anouncelenls. Advertiser shall deliver SUBJECT TO EQUITABLE REMEDIES OR INJUNCTIVE signa(u. lr' T+ v7y •
U
commercial announcements at least IO days in advance of the scheduled RELIEF. OLUF e(1 r O a iclN
Internet posting date.If such announcements and Instructions du not arrive CITY _N r ' R
Title
Updated 7/17/06 Page 2 of 2
Comcast CreativeProduction ServicesContract f►Production Agreement
ti'�•r`T L I G H T. Toda s Date
•,..► 12/14/2007
sample#:JP010107-SON
Main office: 8745 W. Higgins Rd., Suite 400 Chicago, IL 60631 ph 847-384-5000 fax 847-384-5063
Rates effective 1-1-07: S•ots •roduced b Comcast S•otli•ht must air with Comcast S•otli•ht for rates to a••1 .
Client Information
Advertiser/Client Product Category Client ID#
City of Elgin(Hemmens, The Centre, Highlands, Etc)
Client Contact Client Phone Number Client Fax Number Client Email Address
Cherie Murphy 847-931-5667
Agency/Agency Contact Agency Phone Number aunt Executive Producer
Geoff Price
Billing Address City Projected Air Date
150 Dexter Court Elgin IL 60120 March 1st, 2008
Client website Length.
0 :30 ❑ :60
Check all that apply
❑ New Client 0 Current Client ❑ Agency ❑ Local Direct ❑ Co-op
Credit Status ❑ Pre-paid ElProcessing Q Approved
Production Payment: ❑ Pre-paid check ❑ Credit card authorization ❑ Current client to be billed
Additional payment info(check number,etc):
Production Options •
Services
Check Box: Hours Rate #of mos. Bill tram(MN) Bill to(M/Y) Requested? Tota.
❑ Platinum Package up to 120 hours $1100 per month 12 mos. $13,200
❑ Gold Package up to 50 hours $550 per month 12 mos. S6,600
❑ Silver Package up to 24 hours $385 per month 12 mos. 54,620
❑ Hourly rate$250/hr 2 250/hr S500
❑ Other(Dub Request)
-mow 2008 Platinum Production Package($1200 Discount if signed before 2/25/08)
All dollars will be returned to client in additional "bonus" spots throughout the year as determined by client.
Total Charges
$12,000
Shoot Cancellation Fee:A$250 fee will be charged for any non-weather-related shoot cancelled within 24 hours of scheduled shoot.
All Production work is non-commissionable to client and must be pre-paid for new clients.Minimum airtime buy of$36,000 per airtime contract required.
Payments for existing clients due net in 30 days.Rates for 60 second commercials equal 2 X 30 second rates.All Production Packages are per client
and must be completed within length of package.Cancelled packages will be pro-rated at rate card.Commercials involving multiple clients require
special packaging at quote. This agreement is subject to the Production Terms and Conditions listed on the reverse side which are made part of this
agreement and incorporated herein by this reference.This agreement shall be binding on the parties when signed by client and accepted and approved
by Comcast Spotlight.Comcast Spotlight shall retain all rights and materials produced by Comcast Spotlight including without limitation the ownership and
and control thereof and any copyright thereon.All rates are subject to change without notice.Subject to management approval.
For office use
Local ID Number Title Date .2 Off
Er Ac -pt-. ••r •. ertts-• •gency' ate
Accepted for omcas otlight Date
A roved by Spotlight Com cst S otli ht Mana'ger Date
Copies to:Client,Finance,AE and Producer
►
r
Production Terms and Conditions
For: Production Agreement Forms
1. PAYMENT. 8. WARRANTIES.
(a) Client agrees to pay all amounts payable under this Agreement as set forth on the front of this (a) Client warrants and represents that all music Composition,COPY or other materials
Agreement and in these Terms and Conditions.If Client is an advertising agency,or media buying service, provided by Client or its advertising agency,does not infringe the copyright.ownership or
the person or entity that authorizes Client to contract for production work under this contract shall be jointly authorship of any thrid party. Client warrants and represents that the materials to be
and severally liable with Client for the payment of all such amounts. included in the material to be produced by Producer complies with all federal,state,and
local rules and regulations of the Federal Trade Commission.If client or its advertising
agency supplies any materials to be included in material to be produced by Producer,
(b) All amounts not paid when due shall bear interest until paid at the rate of 1 1/2%per month or the Client shall be responsible for obtaining, and shall deliver to ProOucer, all necessary
maximum rate allowed by law,whichever is less.In addition.if Client is delinquent in the payments of any permissions and releases (including but not limited to model releases) required for
amounts payable under this Agreement,Producer may.upon notice to Client at its last known business Producer use of that material,in form and content acceptable to Producer.
address.modify the terms of payment under this Agreement as it sees fit in its discretion.
ib) Producer hereby disclaims any and all warranties,including without limitation,any
warranties of merchantability,fitness for a particular purpose or other warranties arising by
usage of trade. course of dealings or course of performance. Without limiting the
foregoing,Company specifically disclaims any warranties relating to the effectiveness of
2. CHARGES. any materials produced by Producer pursuant to this contract.
(a) Time Charges:All times stated on the front of this Agreement are estimates only.Time charges are
payable at the rate or rates stated on the front of this Agreement for all actual time incurred prior to 9. REMEDIES.If producer fails to perform any of its obligations under the Agreeement.
completion or cancellation,and include setup.breakdown time and standby time,whether on-location or in the exclusive remedy of Client shall be, in Producer's sloe dicretion. for substitute
studio.Production exceeding 8 hours will be billed at time and a hall and those exceeding 12 hours will be production services or refund of amounts paid for such services.
billed at double time.All hourly rates are based on a 1/2 hour minimum.Rates are subject to change
without notice.
10. GENERAL.
Ibl Other Charges: Unless otherwise specifically stated on the front of this Agreement rates and
charges stated do not include chargesd for dubs,artwork,location scouts.talent search,talent,makeup, (a) This contract contains the entire understanding between the parties hereto with
teleprompter,design and construction,props,crew,staff or equipment in addition to that normally used by respect to the subject matter hereol,cannot be modified or terminated except in a writing
Producer,crew and staff overtime,or charges in script or concept following Client approval.[All such signed by all parties hereto,and shall be construed in accordance with the laws of the
changes shall be payable by Client in accordance with Producer's current rate card.] state in which the systems on which the cablecasts under this contract will occur.In the
event of any inconsistency between those Terms and Conditions and any term stated on
the face of this Agreement.the latter shall govern.
3. CLIENT CANCELLATIONS. Client shall be liable for the costs of shoots las stated on the front of this (b). This Agreement is subject to the terms and conditions of franchises and licenses
Agreement)if Client cancels the shoots due to weather conditions,or otherwise upon less than[24]hours held by Producer and all Federal.state and local laws,ordinances,rules and regulations.
advance notice to Producer.
(c). Client may not assign or transfer its nghts or delegate its obligations under this
Agreement without the prior written consent of Producer. Producer shall have no
4. TERMINATION.Producer may,at any lime and without liability,terminate this Agreement on len(10) obligation to produce material for the benefit of any person or entity other than Client,or
days'prior written notice to Producer. for any producer or service,other than that described on the face of this Agreement.
5. LIMITATION OF LIABILITY. (d). Failure or delay of either party hereto to enforce any provision hereof shall not
constitute a general relinquishment or waiver of that or any other provision.
jai IN NQ EVENT SHALL PRODUCER 5 SUBJECT TO EQUITABLE REMEDIES QR INJUNCTIVE (e). It Client breaches any provision of this Agreement,including failure to pay for
RELIEF GA BE LIABLE FOR PUNITIVE. STATUTORY INCIDENTAL INDIRECT. 15. 1.. OR production work covered by this Agreement. Producer shall be entitled to recover
CONSEQUENTIAL DAMAGES.INCLUDING BUT NOT LIMITED TO LOSS OF THE PROFITS AND GOOD resonable attorney's lees.costs and expenses incurred in enforcing this Agreement.
WILL IN CONNECTION WITH OR ARISING OUT GE THE FAILURE QR INABILITY Q1=PRODUCER TQ
PERFORM IT OBILGATIONS UNDER THIS AGREEMENT.CLIENTS SOLE AND EXCLUSIVE REMEDY
SHALL BE LIMITED TO A REFUND QF THE PROPORTIONATE AMOUNT PAID FOR SUCH (I). All notices required or permitted under this contract shall be given at the
PRODUCTION WORK. addresses provided on the face of the Agreement.
(g). Client shall mean the person or entity for which the annoucements are being
produced,an advertising agency,a media buying service.or any combination thereof.
(b) Without Smiling the foregoing Limitation of Liability,loss or damage to Client's materials(including Such persons or entities shall be jointy and severally liable for all obligations and
but not limited to props,equipment and video tapes)in storage or production,including risks associated undertakings of this Agreement to be performed by any of them.
with fire. vandalism, theft, and other harzards, are the risk solely of Client. Producer assumes no
responsibility for the safety Of any such materials,and will not provide insurance against loss or damage to (hl. Client warrants and represents to Producer that)i)it has the full legal right.
such materials. power and authority to enter into this Agreement;and(ii)if Client is an advertising agency
or media buying service,it also has the lull legal right,power and authority to enter into
this Agreement on behalf 01 the person or entity for which the material,announcements or
6 INDEMNIFICATION. Client shall indemnify and hold harmless Producer and its affiliates.and their programs are being produced,as disclosed principal.
officers.directors,employees.agents,and affiliated companies from and against all losses.costs,costs of Client and Producer agree that the provisionsof sections 1.5.6.7 and 8 shall
settlement,expenses,liabilities and damages(including but not limited to attorneys'fees and costs of survive the termination of expiration of this Agreement.
litigation)arising or resulting from any breach or default by Client in the performance of its obligations
under this Agreement(including but not limited to its failure to pay any amounts when due),or from libel. (j). Nothing in this Agreement shall be construed or implied to create a relationship
slander.invasion of privacy. improper trade practices. illegal competition, infringement of copyright or of agency,partners,Joint ventures.Joint employees or affiliates.Neither party shall have
licenses,infringement of any third party right,fraud,false advertising,misrepresentation.product liability or the powere or authority to act for the other in any manner to create obligations or debts
otherwise from the broadcsat or presentation of material supplied or produced by Client and/or its which would be binding on the other,be responsible for any obligationof the other or be
advertising agency,including any musical composition or performance of any musical composition. responsible for any act or omission of the other.
CLIENT, CITY OF ELGIN
7. OWNERSHIP OF MATERIALS. All rights(including but not limited to copyrights)in all materials
produced by Producer pursuant to this Agreement(including but not limited to audio,visual and audio-
visual works,literary works and compositions)are the properly solely of Producer.Except for Client's use �,
of the material produced by Producer pursuant to this Agreement as a whole,solely in the form and for the5.1
eY ;
purposes(or which it was originally produced,Client shall have no right to use nor to permit any other a'w�
person or entity to use any of such material for any purpose whatsoever.without the prior written consent •
of Producer,which Producer may withhold in its discretion.The master tape or production master of all
material produced by Producer pursuant to this Agreement shall be the properly solely of Producer,and NAME: GLUE S . 'IN
Producer may charge a fee for delivery of a master tape or production master to Client.
TITLE: CITY MANAGER
• fir'
January 18, 2008 —" ' "s
TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager /arra„onai.Lcisum and
Randy Reopelle, Parks and Recreation Director odium oppwriudlit>forAil Calm)
SUBJECT: Advertising Agreement with Comcast
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an advertising contract with Comcast.
RECOMMENDATION
It is recommended that the City Council approve a contract with Comcast for a discounted group
rate for advertising City facilities and programs, including the Hemmens Cultural Center,
Highlands Golf Course, The Centre, special events and general Parks & Recreation programs
and facilities at a not to exceed cost of$65,984.
BACKGROUND
In recent years, various City facilities have advertised on cable television on an as-needed basis,
primarily for Hemmens shows and The Highlands Golf Course. In 2008, the Parks and
Recreation Department plans to also invest in cable advertising for The Centre, Special Events
and general parks and recreation programs, while decreasing the amount of print media
advertising.
To more cost effectively promote these various facilities and programs, Comcast Spotlight is
offering a 30% discount on all cable television advertising booked collectively by City of Elgin
departments in 2008. In addition, each of these individual departments will save on ad
production work through a $12,000 contracted production package, with all $12,000 invested in
this package returned to the City in the form of additional free commercials to air throughout
2008.
An example of the savings is attached (attachment #1), comparing the actual 2007 Highlands of
Elgin Golf Course advertising schedule costs with the costs for the same schedule in 2008 under
the new discounted contract rates, which reflects a potential savings of over $3,600.
Advertising Agreement with Comcast
January 18, 2008
Page 2
Cable advertising offers several advantages over other media:
1. Customers can be targeted geographically. Ads can be run in one or several market
areas - from local Elgin customers, to the Northwest suburban area, or more
comprehensively throughout the Chicago market. The City's advertising message can be
sent without paying to reach people outside the target market area. Because of this cost
efficiency, commercials can be aired more frequently, resulting in higher number of
impressions.
2. It offers the City the flexibility to air each ad on specific networks that match the
desired demographics. Cable offers a wide variety of programming for specific
audiences and interests. Channels can be selected to reach the best potential customers
for each City facility or program.
3. The visual impact of a commercial can help convey the City's message much more
effectively than other media, especially when showing facilities such as The Centre or the
new Highland Clubhouse.
4. Ads produced by Comcast can be run on Channel 17 and streamed on the City's
website. Once the commercials are produced, they are the property of the City of Elgin,
making it possible for us to run the commercials on other media.
Attached are two contracts with Comcast. The first contract is for a proposed Platinum
production package, which includes 120 hours of commercial production for $12,000
(attachment #2). Under this agreement, all $12,000 will be returned to the City in additional
"bonus" advertising throughout the year, as determined by the City. 120 hours of production
time would provide for the creation of 12-15 commercials. Each department will be billed
separately for their specific commercial production and ad schedule, using the contract rate.
The second portion of the Comcast contract guarantees a 30% discounted rate to the City of
Elgin for actual advertising air time needs of City departments in 2008, budgeted to be $54,000
(attachment #3). Under this agreement, Comcast will provide $77,120 worth of cable television
ads to the City for a cost of$53,984. Each division will work with Comcast to book exact dates
and channels according to their advertising needs.
This contract is based on the estimated cable advertising budgets for 2008, based on each of the
following divisions 2008 marketing plans:
Advertising Agreement with Comcast
January 18, 2008
Page 3
Hemmens $ 12,000
Golf $ 10,000
Centre $ 10,000
Special Events $ 12,000
General Parks &Recreation $ 10,000
Total Expenditure $ 54,000
Factoring in the 30% savings, the City will be receiving a value of$77,120 in cable advertising
for the cost of$53,984.
Because the cost of each ad varies based on the channels and zones it is aired, the number of
commercials for these dollar amounts will vary, however, the average will be in the range of 500
30-second commercials for $2,500. If the production time or advertising contract amounts are
not used up within 2008,the contracted rates will be carried over into 2009.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total cost of advertising with Comcast throughout 2008 is $65,984 ($53,984 in commercial
air time and $12,000 in ad production costs). There are sufficient funds budgeted and available
in the following accounts for each respective division anticipated to use the Comcast contract
rates:
• There are sufficient funds budgeted ($140,000) and available ($137,525) in the Hemmens
Cultural Center Fund, account number 296-5402-765.32-04.
• There are sufficient funds budgeted ($80,000) and available ($74,652.43) in the Parks
and Recreation Fund, account number 296-5001-761.32-04 for The Centre, Wing Park
Aquatic Family Center, Lords Park Family Aquatic Center, Community Recreation and
the Sports Complex.
• There are sufficient funds budgeted ($49,000) and available ($49,000) in the Golf Fund,
account number 540-5801-775.32-04.
• There are sufficient funds budgeted ($344,330) and available ($343,428) in the Special
Events Fund, account number 296-5011-762.47-00.
LEGAL IMPACT
None
Advertising Agreement with Comcast
January 18, 2008
Page 4
ALTERNATIVES
1. The City Council may choose to enter into a contract with Comcast Spotlight for the
amount of$53,984 for advertising and $12,000 for commercial production.
2. The City Council may choose not to enter into a contract with Comcast Spotlight for the
amount of$53,984 and $12,000 for commercial production.
Respectfully submitted for Council consideration.
Cm
Attachments