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07-224 • Resolution No. 07-224 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ELGIN COURIER NEWS 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 the Elgin Courier News,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: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk vvr a,r cvvr lie GPO 10OV.:474J:JVV t3tAWN NtWo LLA 5 PAGE 02/04 Elgin Courier News The Hemrnens Cultural C, ter 2007-2008 Performing Arte Season Arlo Guthrie, The Ides of March and Per x ing Arts for Young People Season PROMOTIONAL AGREEME ' . THIS AGREEMENT is hereby made and ent red into this /Br day of +(J-C....i 2037, by and between the CI: OF ELGIN, ILLINOIS, a mun" ipal corporation (hereinafter referrec to as "City") and Elgin Courier News, an Illinois corporation (he :inafter referred to as "Courier") . WHEREAS, C._ty owns and operates a tr ater commonly known as the Hemmens Cultural Center; and WHEREAS, the parties hereto have eac determined it to be in their best inte:7ests to enter into an ag] ement by which Courier shall be listed as a sponsor for shows, ommonly known as "Arlo Guthrie", "The Ides of March" and The Hemmm Is Cultural Center 2007- 2008 Performing Arts for Young People Sea )n. NOW, THEREFORE, in consideration of he mutual promises and covenants contained herein, the sufficie cy of which is hereby mutually acknowledged, the parties hereto sreby agree as follows : 1. Courier shall provide the City a th advertising equal to not less than $34, 000 in value between JL e 13, 2007 and May 23, 2008, for the purpose of promoting the Cit 's 2006-2007 Performing Arts Season. The format, content and tir ng of said advertising shall be at the discretion of City and su ject to the approval of Courier, which approval shall not be unre sonably withheld. 2. City shall provide Courier with )go placement listing it as a sponsor of shows commonly known as Arlo Guthrie" and "The Ides of March" (hereinafter referred to a "Sponsored Shows") and the Performing Arts for Young People Seas 1 (hereinafter referred to as "PAYP") ir. 100, 000 editions of City 3 season brochure. 3. City s'iall credit Courier as a s )nsor of Sponsored Shows and PAYP when promoting said Sponsored Shows and PAYP on the Hemmens/Centre electronic marquee located t the corner of Kimball Street and North Grove Avenue, Elgin, Ill iois. 4. City shall provide Courier wits a 414 page ad in program books for Sponsored Shows. . 5. City .3ha11 provide Courier si (6) tickets to each Sponsored Show. 6 . City shall provide Courier and ix (6) tickets each to Phil Vassar and Terry Stiller in lieu of .ckets to PAYP shows. 08/14/2007 11:08 16302643500 BEACON NEWS CLASS PAGE 03/04 • 7. City shall provide The Courier ith Logo placement and hyperlink on the Hemmens' Performing Arts Season webpage next to Sponsored Shows . 8 . City shall credit Courier as a s: )nsor of Sponsored Shows in television advertising and promotion including on Elgin's Government Access TV Channels and on Comc ;t and Wide Open West . 9 . City shall include Courier lo( ) on all non-newspaper print advertising for Sponsored Shows ( agazines, newsletters, etc. ) . 10 . This agreement shall be subject to and governed by the laws of the State of Illinois . Venue fc the resolution of any disputes and the enforcement of any righ s arising out of or in connection with this agreement shall be a the Circuit Court of Kane County, Illinois . 11 . The terms of this agreement sha ; be severable. In the event any of the terms or conditions of t Ls agreement are deemed to be void or otherwise unenforceable for . ly reason, the remainder of this agreement shall remain in full fo :e and effect . 12 . This agreement shall not be con :rued so as to create a joint venture, partnership, employme ;, or other agency relationship between the parties hereto except as specifically provided herein. 13 . Courier agrees to furnish rE sona..ble proof of its performance of the obligations set forth n this agreement, upon the request of City. 14. The parties may not assign, tra fer, delegate or, offer for resale any of the rights or obligat ons set forth in this agreement without the written consent of le other party. 15 . Upon default with respect to any provision of this Agreement, the non-defaulting party shall I •ovide written notice of such default to the other party, who shall then have five (5) days to correct the default or to commence c :rective action in the event such default cannot be corrected within five (5) days, whereby such correction shall be completed rithin a reasonable time thereafter. In the event such default s not cured, the non- defaulting party may then immediately t nminate this agreement without further liability. 16. This agreement may be terminate by either party hereto upon thirty (30) days written notice, wit )ut liability. 17 . In no event shall City be J.iab: for monetary damages, including, but not limited to, compensr .ory, consequential or incidental damages or attorney' s fees, ar ;ing from or in any way related to any breach or other violatio of the terms of this agreement. -2- 08/1412007 11: 08 16302643500 BEACON NEWS CLASS PAGE 04/04 • 18 . This agreement shall terminate i May 24, 2008 . 19 . This agreement is the sole agree ant between the parties hereto regarding this matter. There are n< other implied or verbal agreements between the parties hereto. The terms and provisions of this agreement may not be modified except by a written agreement between the parties hereto. CITY OF ELGIN Elgin, wrier News Mte_ALUAI- y City Ma Lager By �-Y� i_ . ..� Attest : Attest City Clerk _ -3- �+OF f0 ' § City of Elgin Agenda Item No. 6r1111)`\�. s : r August 3, 2007 TO Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager A:Treat:,,;, 1/, ,,d Randy Reopelle, Parks and Recreation Director Cullum;Opporttavne.for it SUBJECT: Elgin Courier News Sponsorship of The Hemmens Cultural Center/Arlo Guthrie, The Ides of March and the Performing Arts for Young People Season PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sponsorship agreement with the Elgin Courier News for the Arlo Guthrie and The Ides of March performances during the 2007-2008 Performing Arts Season and the entire Performing Arts for Young People (PAYP) Season RECOMMENDATION It is recommended that the City Council approve the sponsorship agreement with the Elgin Courier News as presented. BACKGROUND The staff of the Hemmens Cultural Center has developed a sponsorship program for City sponsored shows in order to enable The Hemmens to bring in high quality performers, offer competitive ticket prices and broaden the theatre's exposure in the Elgin community and beyond. To this end, an effort was made to target local and regional businesses for sponsorship opportunities. The Elgin Courier News has again expressed interest in participating by sponsoring the performances referenced above. The main points of the agreement are as follows: The Hemmens will provide: 1. Elgin Courier News' logos in 100,000 brochures for the sponsored shows distributed to The Hemmens' subscriber mailing list and to venues throughout the area. 2. Three-quarter page ads in the program books for the sponsored shows, valued at$134. r Elgin Courier News Sponsorship of The Hemmens Cultural Center/Arlo Guthrie, The Ides of March and the Performing Arts for Young People (PAYP) Season August 3, 2007 Page 2 3. Elgin Courier News' logos on all non-newspaper print advertising for sponsored shows. 4. Six(6)tickets to the sponsored shows, valued at $420. 5. Six (6) tickets each to Phil Vassar solo show, Phil Vassar full band show and Jerry Stiller (in lieu of tickets to the PAYP performances),valued at$540. 6. Elgin Courier News' logo and a link to their website on the Hemmens Performing Arts Season webpage through the end of the 2007-2008 PAYP season. 7. Credit as a show sponsor in all television advertising, including Elgin's government access Cable TV channels. 8. Space for signage in the Lobby of The Hemmens Cultural Center on the nights of the sponsored shows. The Elgin Courier News will provide its own signage for display. The Elgin Courier News will provide: 1. In-kind advertising and promotions valued at not less than $34,000. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None lik, FINANCIAL IMPACT The sponsorship agreement with the Elgin Courier News stipulates that the City will provide them with tickets and program advertising totaling $1,094. For their promotional efforts, the Elgin Courier News will provide $34,000 of in-kind advertising. WA/LEGAL IMPACT None 1 Elgin Courier News Sponsorship of The Hemmens Cultural Center/Arlo Guthrie, The Ides of March and the Performing Arts for Young People (PAYP) Season August 3, 2007 Page 3 ALTERNATIVES 1. The Council may choose to approve the sponsorship agreement with the Elgin Courier News. 2. The Council may choose not to approve the sponsorship agreement with the Elgin Courier News. Respectfully submitted for Council consideration. bw attachment r Elgin Courier News Sponsorship of The Hemmens Cultural Center/Arlo Guthrie, The Ides of March and the Performing Arts for Young People (PAYP) Season August 3, 2007 Page 4 Elgin Courier News The Hemmens Cultural Center 2007-2008 Performing Arts Season Arlo Guthrie, The Ides of March and Performing Arts for Young People Season PROMOTIONAL AGREEMENT THIS AGREEMEN' is hereby made and entered into this day of , 2007, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City") and Elgin Courier News, an Illinois corporation (hereinafter referred to as "Courier") . WHEREAS, City owns and operates a theater commonly known as the Hemmens Cultural Cen er; and WHEREAS, the parties ereto have each determined it to be in their best interests to en er into an agreement by which Courier shall be listed as a sponsor for shows, commonly known as "Arlo Guthrie", "The Ides of Mar.h" and The Hemmens Cultural Center 2007-2008 Performing Arts for Young People Season. 007) NOW, THEREFORE, in consid_ration of the mutual promises and covenants contained herein, th= sufficiency of which is hereby mutually acknowledged, the pa ties hereto hereby agree as follows : 1 . Courier shall provide th City with advertising equal to not less than $34, 000 in value b-tween June 13, 2007 and May 23, 2008, for the purpose of promoting the City' s 2006-2007 Performing Arts Season. The format, ontent and timing of said advertising shall be at the discretio of City and subject to the approval of Courier, which a.proval shall not be unreasonably withheld. 2. City shall provide Courier with ogo placement listing it as a sponsor of shows commonly known _s "Arlo Guthrie" and "The Ides of March" (hereinafter referre. to as "Sponsored Shows") and the Performing Arts for Y.ung People Season (hereinafter referred to as "PAYP") in 100, 000 editions of City' s season brochure. 3 . City shall credit Courier . as a sponsor . of Sponsored Shows and PAYP when promoting said Sponsored Shows and PAYP on the Hemmens/Centre electronic marquee located at the corner of Kimball Street and North Grove Avenue, Elgin, Illinois.