05-189 Resolution No.05-189
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
WXRT FM INFINITY BROADCASTING CORPORATION
(Hemmens Blind Date Concert)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to
execute a Promotion Agreement with WXRT FM-Infinity Broadcasting Corporation on behalf of the
City of Elgin for sponsorship in connection with the Hemmens Blind Date Concert,a copy of which
is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 8, 2005
Adopted: June 8, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PROMOTIONAL AGREEMENT
HIS AGREEMENT is hereby made and entered into this 34 day
ofd ' , 2005, by and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as "City") and WXRT
FM Infinity Broadcasting Corporation of Illinois, a Delaware
Corporation, (hereinafter referred to as "WXRT") .
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 WXRT 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 WXRT with logo placement in 250, 000
editions of the City' s season brochure next to The Hemmens Blind
Date Concert on October 8, 2005 ("Sponsored Show") .
2 . City shall provide WXRT with a half page ad in the
Sponsored Show programs .
3 . City shall provide space at the WXRT Sponsored Show for a
booth and/or exit sampling of products .
4 . City shall provide WXRT with six (6) tickets for the
Sponsored Show for Station use.
5 . City shall provide WXRT with logo placement and hyperlink
on the Hemmens' website next to the Sponsored Show from May 12,
2005 until October 9, 2005 .
6. City shall provide WXRT with logo placement on all print
advertising done for promotion of the Sponsored Show.
7 . City shall provide WXRT admission for up to 10 people to
the Sponsor Only Reception in the South Lobby of The Hemmens
Cultural Center on the night of the show.
9 . City shall provide WXRT with credit for Sponsored Show on
the City' s Government Access Cable TV Stations .
10 . WXRT shall provide City with a minimum of $6, 000 of in-
kind promotional support, including but not limited to on-air
advertising and on-line promotions for the "sponsored show" between
June 30, 2005 and October 9, 2005 .
14 . 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 .
15 . 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.
16. 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.
17 . The term of this agreement shall begin upon full
execution of contract and shall terminate on October 9, 2005 .
18 . The Addendum attached hereto is hereby incorporated into
and made a part of this agreement .
CITY OF ELGIN WXRT, Infinity Broadcasting of
Illinois �/
fr
BY Mkt _ By i
Ci�"�ana•e
Attest: Attest:
City Clerk I� MEW
0'
-2-
ADDENDUM
Addendum to Promotional Agreement by and between the City of Elgin, Illinois and
Infinity Broadcasting Corporation of Illinois d/b/a WXRT, Chicago,Illinois, regarding WXRT's
Sponsorship of the Hemmens Cultural Center.
1. Representations and Warranties. Each Party hereto represents warrants and
covenants to the others as follows:
a. It has the full right and legal authority to enter into and fully perform this
Agreement in accordance with the terms and conditions hereof;and
b. The execution, delivery and performance of this Agreement does not and will
not violate or cause a breach of any other agreements or obligations to which
it is a party or by which it is bound, and no approval or other action by any
governmental authority or agency, or any other individual or entity, is
required in connection herewith_
2. Indemnity. Each of WXRT and City shall indemnify, defend, and hold
harmless the other party (the "Indemnified Party"), its affiliates and their
respective officers, directors, employees and representatives, and the assigns of
any of them, from and against,and reimburse them for,all claims,damages,costs
and expenses,excluding, interest, penalties, court costs and reasonable attorneys' _ --{Deleted:including,without limitation )
fees and expenses, resulting from (a) any breach of any representation, warranty,
covenant, obligation or other agreement contained in this Agreement; (b) out of
any failure of such party to comply with any applicable laws, statures,ordinances
or regulations; (c) any act or omission or negligence of such party or its
employees, agents, contractors or invitees: and/or (d) any claim for personal
injury or property damage or otherwise brought on behalf of any third party
person, firm or corporation against the Indemnified Party as a result of or in
connection with services provided by the indemnifying party under this
Agreement, which claim does not result from the intentional acts or the gross
negligence of the Indemnified Party.
Deleted:In addition,City's indemnities 1
3. ,Trademarks. Sponsor hereby grants to WXRT,and WXRT hereby accepts form City under this paragraph shall extend to claims against WXRT resulting from(i)
for the Term of this Agreement the right to use the names,designs,illustrations,logos any collateral,announcements,
advertisements or other commercial copy
and trademarks of City in connection with the promotion of the Event; provided, produced,provided or approved by
however,that Station shall be bound by any restriction which City informs Station of WXRT for broadcast on a station owned
In advance and in writing. its Infinity Broadcasting Corporation or
its affiliates,including proceedings or
litigation alleging infringement,unlawful
4. Counterparts. This Agreement may be executed in one or more counterparts and by use or violations of copyright,any product
facsimile signature,each of which shall be deemed original,and all of which together of City's sold or provided to third names
will constitute one and the same instrument. by City or by WXRT as part of such
party's responsibilities under this
Agreement. All of the foregoing
indemnities shall survive the termination
of this Agreement.,
' l
City of Elgin Initials Date -0., $,�'
i�' {Deleted:ll•
WXRT Initials Date 4 - Deleted:11
11
e.�-c °f f4c Agenda Item No. 4"
City of Elgin
'/r 4 rto Fs, E •
May 4, 2005 G x ri
TO: Mayor and Members of the City Council
RCCRUTIONAL I.LI^v 11RC
ANC) TllRAL.OPPORTl1NIT1F5
Ft.)R Al l.t)fV tN?.
FROM: Olufemi Folarin, City Manage
Butch Wilhelmi, Cultural Cent Supervisor
Meredith A. Marth, Marketing Officer
SUBJECT: WXRT Co-Sponsorship of The Hemmens Cultural Center/Blind Date Concert
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a co-sponsorship agreement with WXRT for the Blind Date Weekend
performance at The Hemmens Cultural Center during the 2005-2006 Performing Arts Season.
RECOMMENDATION
It is recommended that the City Council approve the promotional agreement with WXRT as
presented.
BACKGROUND
The staff of The Hemmens Cultural Center has developed a sponsorship program for City
sponsored shows. The goal of the new sponsorship program is to enable the Hemmens to bring in
different acts, offer competitive ticket prices, and broaden the theatre's exposure in the
community and beyond.
To this end, an effort was made to target local and regional businesses for sponsorship
opportunities. WXRT expressed interest in participating by sponsoring The Hemmens Blind
Date Weekend performance. The main items of the sponsorship agreement are as follows:
Single Show Sponsor—Blind Date Weekend
Hemmens Cultural Center will provide:
1. WXRT's logo in 250,000 brochures for the sponsored show distributed through the Daily
Herald, Courier News, Kane County Chronicle, subscriber mailing list and around town.
2. A 'A page WXRT ad in program book for the sponsored show, valued at$500.
3. WXRT's logo on all print advertising for the sponsored show. This show will also be co-
sponsored by The Daily Herald and the 2005-2006 season by The Courier News. All ads
WXRT Co-Sponsorship of The Hemmens Cultural Center
May 6, 2005
Page 2
placed in The Daily Herald and The Courier News promoting the show will mention
WXRT as a co-sponsor.
4. Six (6)tickets for WXRT use to the sponsored shows valued at$570.
5. Admission for up to ten 10 people to a Sponsor Only Reception the night of the show
valued at approximately$200, for food and beverages.
6. Logo and link (if applicable) on Hemmens' Performing Arts Season webpage until the
show runs.
7. Credit as a show sponsor on Elgin's government access Cable TV channels.
8. Space for signage in lobby of the Hemmens Center the night of the show. WXRT will
provide their own signage for display.
WXRT will provide:
1. hi-kind advertising&promotions on WXRT valued at $6,000.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
V1CUINANCIAL IMPACT
The sponsorship agreement with WXRT stipulates that the City will provide them with tickets,
program advertising and reception hors d'oeuvre totaling $1,270. For their promotional efforts,
WXRT will provide $6,000 of in-kind advertising.
EGAL IMPACT
None.
ALTERNATIVES
1. Approve the promotional agreement as presented.
2. Do not approve the promotional agreement.
Respectfully submitted for Council consideration.
Attachments