04-169 Resolution No. 04-169
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTION AGREEMENT WITH
NEXTMEDIA OPERATING, INC.
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 Promotion Agreement on behalf of the City of Elgin with NextMedia
Operating,Inc. for promotional advertising of the Hemmens Cultural Center and the city, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 23, 2004
Adopted: June 23, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
DRAFT 6/16/04
PROMOTION AGREEMENT
THIS AGREEMENT is hereby made and entered into this 25.74 day
of wive , 2004 , by and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as "City" ) and
NEXTMEDIA OPERATING, INC. , an Illinois corporation (hereinafter
referred to as "NextMedia" ) .
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 pay NextMedia the sum of twenty-seven thousand
six hundred ninety-two dollars ($27, 692) , which shall be paid to
NextMedia in monthly installments as billed based on monthly usage
commencing STulv 1 , 2004 .
2 . Ve Media shall provide City five hundred fifty-nine
(559) - }� second commercials (hereinafter referred to as
"Spots" ) which shall be broadcast on NextMedia' s radio station,
commonly known as t5TAgA5, 5 F/v( . NextMedia shall provide such
Spots at the rate of thirteen (13) per week, commencing Monday,
June 28 , 2004 , with the last Spot being broadcast on Sunday,
May 24 , 2005 .
3 . This agreement shall terminate May 25, 2005 .
4 . Either party may terminate this agreement for any or no
reason upon fourteen (14) days written notice to NextMedia. In the
event of such termination prior to April 25, 2005, City shall only
be liable to NextMedia for the number of Spots actually aired
pursuant to this agreement prior to the date of such termination on
a pro rata basis .
5 . This is the only agreement between the parties hereto.
There are no other agreements, either oral or implied, between the
parties hereto. This agreement shall be effective only upon the
execution of the parties hereto, and may not be modified without
the written agreement of the parties hereto.
6 . NextMedia shall provide City with monthly invoices at the
rates provided for herein. In the event City becomes delinquent on
any payment beyond thirty (30) days, interest shall accrue at a
rate of eighteen percent (18%) per annum.
7 . Upon the event of any default by either party hereto, the
defaulting party shall be liable for all court costs required to
enforce the non-defaulting party' s rights pursuant to this
agreement .
8 . NextMedia shall use its best efforts to provide Spots
according to the schedule provided for herein and as may be
scheduled between the parties hereto from time to time . In the
event NextMedia is not reasonably able to provide Spots as
scheduled, NextMedia shall provide Spots at dates and times as
close to those originally provided for herein and scheduled as
possible .
9 . NextMedia shall not be required to issue cash credits for
announcements or Spots run outside the parameters of this
agreement .
10 . City shall hold NextMedia and its agents, employees and
officers harmless against liability for libel, slander, illegal
competition or trade practice, infringement of trademarks, trade
names or program titles, violation of rights of privacy and
infringement of copyrights and proprietary rights resulting from
the broadcasting of Spots herein provided in the form furnished by
City. City warrants that all advertising copy submitted to
NextMedia shall truly represent the product or services advertised
and will be free from false claims or assertions .
11 . The terms of this agreement shall be severable . In the
event 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 will remain in full force and effect .
12 . This agreement shall not be construed so as to create a
joint venture, partnership, employment or other agency relationship
between the parties hereto.
13 . This agreement shall be subject to and governed by the
laws of the State of Illinois . Venue for the resolution of any
disputes or the enforcement of any rights arising out of or in
connection with this agreement shall be in the Circuit Court of
Kane County, Illinois .
CITY OF ELGIN NEXTM PIA OPERATING, INC.
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I I Ma IN City Manager ' ' 8�'��
Attest : Attest :
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City Clerk
F:\Legal Dept\Agreement\Hemmens-NextMedia.doc
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