07-212 Resolution No. 07-212
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
BONNEVILLE BROADCASTING (WDRV-The Drive Radio Station)
FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute a promotional agreement on behalf of the City of Elgin with Bonneville
Broadcasting (WDRV-The Drive Radio Station) for the Hemmens 2007-2008 Performing Arts
Season, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 22, 2007
Adopted: August 22, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
The Drive/Bonneville Broadcasting
The Hemmens Cultural Center
2007-2008 Performing Arts Season
Alan Parsons LIVE Project
PROMOTIONAL AGREEMENT
HIS AGREEMENT is hereby made and entered into this
of , 2007, by and between the CITY OF ELGIN, ILLINOIS, a j1141-day
muni ipat corporation (hereinafter referred to as "City") and
Bonneville Broadcasting, parent company of WDRV, The Drive Radio
Station, an Illinois corporation (hereinafter referred to as
"Station") .
WHEREAS, City owns and operates a theater commonly known as
the Hemmens Cultural Center; and
WHEREAS, thL parties hereto have each determined it to be in
their best interests to enter into an agreement by which Station
shall be listec as a sponsor for the aforementioned Hemmens
Cultural Center.
NOW, THEREFORE, in consideration of the mutual promises and
covenants conta:.ned herein, the sufficiency of which is hereby
mutually acknowledged, the parties hereto hereby agree as follows :
1 . Station shall provide City with advertising in support of
show performed Et the Hemmens Cultural Center, commonly known as
"Alan Parsons LIVE Project" (hereinafter referred to as "Sponsored
Show") , which advertising (hereinafter referred to as
"Advertising") shall include, but not be limited to:
• 10 On-air nentions on Station over the course of one week to
promote a contest on Station' s website, valued at $7, 500 . 00
• Small box cn Station' s website home page for 10 days, valued
at $2, 000. 00 .
• Listing on Station' s concert web page, valued at $500 . 00 .
• Ticket giveaway on Station' s "Drive Offers" web page with
keyword, valued at $1, 000. 00
Such Advertising shall be- equal- in value to not less than
$11, 000. 00 .
2 . City ;shall provide Station with a 1/2 page ad in the
program for the Sponsored Show.
3 . City :hall provide up to two (2) 3' x 6' mutually agreed
upon spaces in The Hemmens' outer lobby at Sponsored Show for
signage. Signacre shall be provided by Station.
4 . City shall provide Station with six (6) tickets for
Sponsored Show .tor Station use.
5 . City :hall provide Station with logo placement in 100, 000
editions of Cit'r' s season brochure next to the Sponsored Show.
6. City shall provide Station credit for the Sponsored Show
in the SPIRIT, E._gin' s quarterly community newsletter.
7 . City :hall provide Station with logo placement and
hyperlink on the Hemmens ' website next to the Sponsored Show until
the show run.
8 . City shall provide Station with logo placement on all
print advertisinj done for promotion of the Sponsored Show.
9 . City shall provide Station credit in television
advertisements and announcements, including credit on City' s
Government Access TV Channels on Comcast and Wide Open West for
Sponsored Show.
10 . City zihall provide consideration for paid commercial
schedules on StEltion for selected shows during City' s 2007-2008
Performing Arts Season with radio/broadcast budgets .
11 . This agreement shall expire on September 30, 2007 .
12 . The parties hereto agree to furnish reasonable monthly
proof of performance .
13. 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.
14 . Upon lefault 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 defE.ult 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. In no event shall City be liable for
monetary damage for any reason, including, but not limited to,
compensatory, cpnsequential or incidental damage or attorney' s
fees.
15 . This zgreement shall be subject to and governed by the
laws of the Sta:e 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 .
16. 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.
17 . This Egreement shall not be construed so as to create a
joint venture, partnership, employment, or other agency
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relationship between the parties hereto except as specifically
provided herein.
18 . This agreement may be terminated by either party hereto
upon thirty (30) days written notice, without liability.
19. The terms and provisions of this agreement shall be
severable. In the event any of the terms or provisions of this
agreement are deomed to be void or otherwise unenforceable for any
reason, the rema:.nder of this agreement shall remain in full force
and effect.
20. This agreement is the sole agreement between the parties
hereto. There a :e no other implied or oral agreements between the
parties hereto. This agreement may not be modified except by
written agreement between the parties hereto.
CITY OF ELGIN Bonneville Broadcasting
By `�1. lr►� ` ��'^• By
City Ma ager /Mill- 66 li{ty f
Attest: Attest:
City Clerk 4306(n6ss ku'
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