05-197 •
Resolution No. 05-197
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
Y103.9/NEXT MEDIA OPERATING, INC.
(Ides of March and Buckinghams Performances)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum, City Clerk,be and are hereby authorized and
directed to execute a Promotional Agreement with Y103.9/Next Media Operating,Inc.,on behalf of
the City of Elgin for sponsorship in connection with the Ides of March and Buckinghams
performances, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 22, 2005
Adopted: June 22, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Y103. 9 / NEXTMEDIA Operating, INC .
The Hemmens Cultural Center
2005-2006 Performing Arts Season
The Ides of March and The Buckinghams
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this 217-iv0 day
of T0/0; , 2005, by and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as "City") and
NEXTMEDIA Operating, INC. , parent company of Y103 . 9 Radio Stations,
an Illinois corporation (hereinafter referred to as "Y103 . 9") .
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 Y103 . 9
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 . Y103 . 9 shall provide City with a show sponsorship
advertising support program (hereinafter referred to as
"Advertising") , which shall include but not be limited:
• 75 Promotional Announcements on Y103 . 9;
• On-air ticket giveaways;
• Promotional announcements beginning four weeks prior to show.
Such Advertising shall be equal in value to not less than to
$6, 000 .
2 . All advertising shall be calculated at the rates
indicated in Y103 . 9 ' s rate card in effect at the time advertising
is placed. All announcement schedules are subject to availability
at time of offering and preemption by Y103 . 9 in the event time is
sold commercially or used for public service announcements or
programs .
3 . Y103 . 9 shall provide an introduction to the sponsored
show by a Y103 . 9 on-air personality, pending approval of Artist .
4 . City shall provide Y103 . 9 with a half page ad in the
program for the sponsored show.
5 . City shall provide space at Y103 . 9 sponsored show for
signage. Signage to be provided by Y103 . 9 .
6 . City shall provide Y103 . 9 with six (6) tickets for one
performance of the sponsored show for station use .
7 . City shall provide STAR an additional twenty (20) tickets
to the sponsored show for on-air ticket give-away promotion .
8 . City shall provide Y103 . 9 with logo placement in 250, 000
editions of City' s season brochure next to the sponsored show.
9 . City shall provide Y103 . 9 credit for the sponsored show
in the SPIRIT, Elgin' s quarterly community newsletter, distributed
to over 32, 500 households
10 . City shall provide Y103 . 9 with logo placement and
hyperlink on the Hemmens ' website next to the sponsored show until
the show runs .
11 . City shall provide Y103 . 9 with logo placement on all
print advertising done for promotion of the sponsored shows .
12 . This agreement shall expire on March 19, 2006 . Either
party may terminate this agreement upon thirty (30) days written
notice for any or no reason. In the event of such termination upon
written notice, a reasonable period, not to exceed ninety (90)
days, shall be allowed for equalization of reciprocal expenditures
as provided for herein . Such equalization of reciprocal
expenditures shall be determined in a mutual agreement . Should a
mutual agreement not be reached within thirty (30) days, such
equalization of reciprocal expenditures shall be calculated in
City' s sole reasonable discretion. Upon the expiration of the term
of this agreement, any merchandise or service due to Y103 . 9 shall
be forfeited without recourse unless an extension of time has been
mutually agreed upon in writing.
13 . The parties hereto agree to furnish reasonable monthly
proof of performance .
14 . In no event shall the rights of such advertising time be
assigned, transferred or offered for resale by City to any third
party, agency or time broker.
15 . Upon default with respect to any provision of this
agreement, the non-defaulting party shall provide written notice of
such default to the other party, who shall then have five (5) days
to correct the default or to commence corrective action in the
event such default cannot be corrected within five (5) days;
whereby such correction shall be completed within a reasonable time
thereafter. In the event such default is not cured, the non-
defaulting party may then immediately terminate this agreement
without further liability.
16 . All advertisements, messages, products or services are
subject to the prior approval of Y103 . 9 and shall comply with
Y103 . 9 ' s rules, policies, standards and practices, and with all
rules and regulations of the Federal Communications Commission, and
any other governmental body having jurisdiction over the premises .
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17 . City shall provide Y103 . 9 admission for up to ten (10)
people to Sponsor Only Reception in the South Lobby of The Hemmens
Cultural Center the night of the show.
18 . 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 .
19 . 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 .
20 . 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 .
21 . This agreement shall terminate on March 19, 2006.
CITY OF ELGIN Ylt . 9/N XTM D A OPERATING, INC .
By tilt) "y '`1 4
City Ma .ger
Attest : Attest :
City Clerk
F:\Hemmens\2005-06\Sponsorships\05-06 Y103.9 Sponsorship Contract vl.doc
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