03-263 Resolution No. 03-263
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
THE DAILY HERALD FOR THE 2003-2004 PERFORMING ARTS SEASON
AT THE HEMMENS CULTURAL CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute a
promotional agreement on behalf of the City of Elgin with the Daily
Herald for sponsorship of the 2003-2004 performing arts season at
the Hemmens Cultural Center, a copy of which is attached hereto and
made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 24 , 2003
Adopted: September 24 , 2003
Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this er-day
of s;� , 2003, by and between the CITY OF ELGIN, ILLINOIS, a
muni ipal corporation (hereinafter referred to as "City") and the
DAILY HERALD, an Illinois corporation (hereinafter referred to as
"Herald") .
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 Herald 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 . City shall provide $20, 000 worth of advertising with the
Herald during the 2003-2004 Performing Arts Season at a rate of two
for the price of one.
2. Upon placement of $15, 000 in advertising, all ads placed
by City shall thereafter be at a rate of two for the price of one.
All advertising and placement for City' s Hemmens advertisements shall
be handled by the assigned advertising representative for the Herald.
3 . City shall provide Herald with a full page ad in each show
program.
4 . City shall provide space at a Herald sponsored show for a
booth and/or exit sampling of products and "partner collateral".
5. City shall provide Herald with four (4) tickets per show
for each Season Sponsorship event .
6. City shall provide Herald ten (10) tickets per show on Lead
Media Sponsorship dates.
7 . Herald shall provide City with a season sponsored
advertising support program which shall include but not be limited
to $10, 000 in trade advertising above and beyond the aforementionec
$20, 000 advertising schedule.
8 . Herald shall provide City with guaranteed cash sponsorship
contributions to City' s Hemmens Cultural Center of $1, 000.
9. Herald shall provide City with "Lead Media Sponsorship"for
four (4) shows on City' s Hemmens Cultural Center schedule, as
follows :
A. Cowboy Junkies, October 11, 2003.
B. Hansel & Gretel, November 29, 2003 .
C. Sergio Mendes, February 21, 2004 .
D. Paul Rodriguez, May 15, 2004 .
Lead Media Sponsorship shall consist of the following:
A. Promotional advertisingschedule dedicated to promoting
the featured show.
B. Herald shall provide City with a minimum commitment for
advertising space which shall consist of five (5) 2 column by 10" ads
valued at $1, 030 or a total value of $4, 150.
10. If third party sales objectives (defined as an agreement
to leverage promotional rights to a third party sponsor who can
participate materially in use of selected shows to conduct contests,
host entries and align themselves with the given show) are reached
as agreed in writing between the parties hereto, the aforementionec'
advertising commitment of Herald shall consist of the following:
A. A contribution of $1, 000 per sponsored show for access
to Hemmens Cultural Center property with product sampling rights.
B. Advertising schedule of a minimum of seven 2 column x
10" ads valued at $1, 030 for a total value of $7, 210 in advertising
support above and beyond Hemmens Cultural Center advertising for
selected shows.
C. Event Marketing Program shall consist of:
1 . Enter to Win component featuring third party
sponsor venues at entry locations.
2 . Onsite sampling including option for providing
food or dessert to enhance the atmosphere at Hemmens
Cultural Center.
3. Daily Herald website promotion.
4 . Advertising program in Daily Herald "Time
out ! " .
5. Promotion at Daily Herald community marketing
venues.
6. Other promotional programs to be established
in cooperation with City and third party sponsors .
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11 . Herald owns Reflejos Bilingual Journal and shall work
cooperatively with said publication on the promotion of selected
shows such as Sergio Mendes and Paul Rodriguez .
12 . This agreement shall be subject to and governedby 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.
13 . 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 .
14 . 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.
15 . This agreement shall terminate on !I Iaj 3/ , 2004 .
CITY OF ELGIN DAILY HERALD
By � � 07 By (%l
City Manager erars? t 4.-C '22 -t f
Attest : Attest :
City Clerk
F:\Legal Dept\Agreement\Daily Herald-Promotional Agr for Hemmens.doc
Draft 9/3/03
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