07-225 Resolution No. 07-225
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
NEWSWEB RADIO GROUP
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 Newsweb Radio
Group,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
Newsweb Radio Group
The Hemmens Cultural Center
2007-2008 Performing Arts Season
PROMOTIONAL AGREEMENT
HI AGREEMENT is hereby made and entered into this 'C14\ day
of f Jme e,% , 2007, by and between the CITY OF ELGIN, ILLINOIS, a
muni•ipal corporation (hereinafter referred to as "City") and
Newsweb Radio Group of Chicago, Illinois, parent company of 9 FM
and WCPT 850 AM Radio Stations, an Illinois corporation
(hereinafter referred to as "Stations") .
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 Stations
shall be listed as a sponsor 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 . Stations shall provide City with advertising in support
of shows performed at the Hemmens Cultural Center, commonly known
as "Phil Vassar, Alan Parsons LIVE Project, Rachael Price & TS
Monk, Arlo Guthrie, Herman' s Hermits, Big Band Broadcast, Direct
from Vegas, The Turtles, 1964, Chris Korblein, The Nylons, Gaelic
Storm, Davy Jones, Brigid' s Cross, The Ides of March, Sarah Vowell
and Jerry Stiller" (hereinafter referred to as "Sponsored Shows") ,
with advertising and promotional support (hereinafter referred to
as "Advertising" ) for selected shows shall include, but not be
limited to:
• A minimum of fifteen (15) promotional announcements of : 30-: 45
in length on Stations; and
• On-air giveaway of five (5) pairs of tickets over the course
of five (5) weekdays on Stations; and
• Placement of City' s Performing Arts Season brochures at
Stations' live on-site appearances; and
• Inclusion of individual shows on Stations websites (9 FM
Concert Calendar and WCPT Event Section) for the duration of
the season; and
• Ticket giveaways on Stations' websites which shall be promoted
via : 30 promotional announcements on Stations .
Such Advertising shall be equal in value to not less than
$75, 000 . 00 . The format, content and timing of said advertising
shall be at the discretion of City and subject to the approval of
Stations, which approval shall not be unreasonably withheld.
2 . City shall provide Stations with a Full page ad in the
program for the Sponsored Shows .
3 . City shall either provide up to two (2) 3' x 6' mutually
agreed upon spaces in The Hemmens' outer lobby at Stations
Sponsored Shows for signage or project Station' s logo in The
Hemmens' outer lobby. Signage shall be provided by Stations and
subject to the approval of City, which approval shall not be
unreasonably withheld.
4 . City shall provide Station with a mutually agreed upon
area in The Hemmens' outer lobby for sponsor promotions during
shows which are not specifically sponsored by other radio stations.
5 . City shall provide Stationswith five (5) pairs of tickets
for one performance of each of the Sponsored Shows for Station
giveaways .
6. City shall provide Stations with logo placement in
100, 000 editions of City' s season brochure next to the Sponsored
Shows.
7 . City shall provide Stations credit for the Sponsored
Shows in the SPIRIT, Elgin' s quarterly community newsletter.
8 . City shall provide Stations with logo placement and
hyperlink on the Hemmens ' website next to the Sponsored Shows until
the shows run.
9. City shall provide Stations with logo placement on all
print advertising done for promotion of the Sponsored Shows.
10 . City shall provide Stations credit in television
advertising and promotion, including credit on City' s Government
Access TV Channels on Comcast and Wide Open West for Sponsored
Shows.
11 . City shall provide Stations credit when promoting the
Sponsored Shows on City' s electronic messaging center located at
the intersection of Kimball Street and Grove Avenue in Elgin,
Illinois .
12 . City shall provide consideration for paid commercial
schedules on Station for selected shows during City' s 2007-2008
Performing Arts Season with radio/broadcast budgets .
13 . City and Stations shall include each other as additional
insureds for the Arlo Guthrie concert on October 19, 2007 and the
Gaelic Storm concert on February 15, 2008 .
14 . This agreement shall expire on May 24, 2008 .
15 . Stations agree to furnish reasonable proof of their
performance of the obligations set forth in this agreement, upon
the request of City.
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16. The parties may not assign, transfer, delegate or offer
for resale any of the rights or obligations set forth in this
agreement without the written consent of the other party.
17 . 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.
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 . In no event shall City be liable for monetary damages,
including, but not limited to, compensatory, consequential or
incidental damages or attorney' s fees, arising from or in any way
related to any breach or other violation of the terms of this
agreement.
22 . This agreement may be terminated by either party hereto
upon thirty (30) days written notice, without liability.
23 . This agreement is the sole agreement between the parties
hereto. There are 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 Newswe Radio Group
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0 OF E<�ti Agenda Item No. f4
City of Elgin
August 3, 2007
TO Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager ,
��cd'telGt LfY tin ar 1
Randy Reopelle, Parks and Reeleation Director (riltura O}'14 rf ' or AllCitz`
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SUBJECT: Newsweb Radio Group Sponsorship of The Hemmens Cultural Center 2007 —
2008 Performing Arts 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 Newsweb Radio Group for the 2007-2008
Performing Arts Season.
RECOMMENDATION
It is recommended that the City Council approve the sponsorship agreement with Newsweb
Radio Group.
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. Newsweb, the parent company of 9FM and WCPT, 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. Station logos in 100,000 brochures for the sponsored shows distributed to The Hemmens'
subscriber mailing list and to venues throughout the area.
2. Full page ads in the program books for the sponsored shows, valued at$1,500.
3. Station logos on all print advertising for sponsored shows.
4. Five (5)pairs of tickets to the sponsored shows for station giveaways, valued at$6,425.
Newsweb Radio Group Sponsorship of The Hemmens Cultural Center 2007—2008 Performing
Arts Season
4°1111)
August 3, 2007
Page 2
5. Newsweb's logo and link to their website on the Hemmens Performing Arts Season
webpage through the end of the 2007-2008 Performing Arts Season.
6. Credit as a show sponsor in all television advertising, including Elgin's government
access Cable TV channels.
7. Space for signage in the Lobby of The Hemmens Cultural Center on the nights of the
sponsored shows. Newsweb will provide its own signage for display.
Newsweb will provide:
1. In-kind advertising and promotions on 9FM and WCPT valued at not less than$75,000.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
(OkiL__FINANCIAL IMPACT
4.11)
The sponsorship agreement stipulates that the City will provide Newsweb with tickets and
program advertising totaling $7,925. Newsweb will provide to the City $75,000 of in-kind
advertising through 9FM and WCPT.
EGAL IMPACT
None
ALTERNATIVES
1. The Council may choose to approve the sponsorship agreement with Newsweb Radio
Group.
2. The Council may choose not to approve the sponsorship agreement with Newsweb Radio
Group.
Respectfully submitted for Council consideration.
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