09-117 Resolution No. 09-117
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
NITELITE PROMOTIONS FOR PROMOTION AND MARKETING SERVICES
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 an agreement on behalf of the City of Elgin with Nitelite Promotions for
promotion and marketing services, a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 13, 2009
Adopted: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
A
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is hereby made and entered into this /3 day of-2n d'
2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referre to
as "City") and Nitelite Promotions, an Illinois corporation (hereinafter referred to as
"Contractor").
WHEREAS, City is presenting a series of concerts and theatrical productions during the
years 2009 and 2010 (hereinafter referred to as "Season"); and
WHEREAS, Contractor is qualified and trained to perform the function of Advertising
Agent in a reasonable manner commensurate with the Season.
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. The following shows shall constitute "primary presentations" of the Season:
a. George Jones
b. Howie Mandel
c. Rick Springfield
d. The Oak Ridge Boys
2. The following shows shall constitute "Secondary presentations" of the Season:
a. Elgin Summer Theatre
b. Church Basement Ladies
c. It's a Wonderful Life
d. David Cassidy
e. Los Lobos
f. The Flying Karamazov Brothers
3. Contractor shall perform the function of Advertising Agent for the '09-'10 Season
to the best of Contractor's abilities, which shall be performed in a reasonable,
workmanlike manner.
4. Contractor shall develop and implement a complete advertising plan for the
primary presentations of the '09-'10 Season using market appropriate media
outlets which may include, but not be limited to, print, radio, TV, and internet.
5. Contractor shall include secondary presentations in any general, non-show-
specific advertising for the '09-'10 Season.
6. All advertising plans are to be approved by City's Marketing Officer prior to
implementation. Such approval will not be unreasonably withheld.
7. Contractor shall attempt to secure discounted advertising purchases on behalf of
City and shall retain the difference between such discounted advertisement
purchase rates and standard rates for Primary Presentations only. Additionally,
City shall pay contractor the sum of$2,000 for marketing support, including but
not limited to, developing press releases, e-mail and fax blasts to media outlets,
and assistance in obtaining and preparing media interviews. Contractor shall not
contract for or place advertisement purchases or provide marketing pursuant to
this agreement without prior written approval by City for each such marketing
action or advertisement purchase. In no event shall Contractor purchase
advertising or incur other expenses pursuant to this agreement in an amount in
excess of $38,000. For purposes of this paragraph, City expenditures shall be
calculated based on the standard rate for any advertising purchases.
8. Contractor shall consult with and coordinate with City to utilize advertising
discounts or in-kind media sponsorships/advertisements that have been obtained
by the City; provided, however, that in no event shall Contractor receive any
additional compensation for work performed in regard to such discounts or
sponsorships/advertisements that have been obtained by the City.
9. Contractor shall be construed as an independent contractor for all purposes.
Contractor shall not be entitled to any benefits, rights or remuneration other than
the payment of the sum specifically provided for herein. City shall not be entitled
to control or direct Contractor's means or manner of performing Contractor's
performance of the terms of this agreement.
10. Contractor shall commence performance of the terms of this agreement on upon
receipt of fully executed agreement. This agreement shall terminate on December
31, 2009.
11. Contractor shall hold harmless and indemnify City, its agents, employees,
volunteers and assigns from and against any and all liability of whatsoever nature
arising out of or in connection with production or Contractor's performance of the
terms of this agreement, regardless of any alleged negligent acts by either party
hereto. The provisions of this paragraph shall survive any expiration and/or
termination of this agreement. In the event the provisions of this paragraph are
invoked, counsel for City shall be of City's choosing.
12. Venue for the enforcement of any rights and the resolution of any disputes arising
out of or in connection with the provisions or performance of this agreement shall
be in the Circuit Court of Kane County, Illinois.
13. The terms of this agreement shall be severable. In the event that any of the terms
or provisions 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.
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14. This agreement shall not be construed so as to create a joint venture, employment,
partnership or other agency relationship between the parties hereto except as is
specifically provided for herein.
15. This agreement is the sole agreement between the parties hereto regarding the
subject matter hereof. There are no other agreements, either oral or implied
between the parties hereto regarding the subject matter of this agreement. This
agreement may not be modified or amended without the written agreement of the
parties hereto.
16. Notwithstanding any other provision of this Contract it is expressly agreed and
understood that in connection with the performance of this Contract that the
Contractor shall comply with all applicable Federal, State, City and other
requirements of law, including, but not limited to, any applicable requirements
regarding prevailing wages, minimum wage, workplace safety and legal status of
employees. Without limiting the foregoing, Contractor hereby certifies,
represents and warrants to the City that Contractor and all Contractor's employees
and/or agents who will be providing products and/or services with respect to this
Contract shall be legal residents of the United States. Contractor shall also at its
expense secure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the work,
and/or the products and/or services to be provided for in this Contract. The City
shall have the right to audit any records in the possession or control of the
Contractor to determine Contractor's compliance with the provisions of this
section. In the event the City proceeds with such an audit the Contractor shall
make available to the City the Contractor's relevant records at no cost to the City.
17. Notwithstanding anything to the contrary herein, in no event shall City be liable to
Contractor for any reason to any extent beyond the amounts specifically provided
for herein.
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April 23, 2009 G
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TO: Mayor and Members of the City Council N
FROM: Olufemi Folarin, City Manager RECREATIONAL L615VRE
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Randy Reopelle, Parks and Recreation Director yRA11 <„tl4NA
SUBJECT: Marketing Agreement with Nitelite Promotions
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider entering into a contract with Nitelite Promotions.
RECOMMENDATION
It is recommended that the City Council approve a contract with Nitelite Promotions for
promoter and marketing services in an amount not to exceed $40,000.
BACKGROUND
Nitelite Promotions is a concert booking and advertising company with a track record of
successful events throughout the Midwest. Don Kronberg and his staff have partnered with The
Hemmens for some of its most successful events, including Sara Evans, Phil Vassar, and BB
King. Nitelite also regularly sells out shows at Joliet's 1,800 seat Rialto Square Theatre and
Waukegan's 2,400 seat Genesee Theatre.
For the 2009-2010 season, Nitelite has provided promoter services to The Hemmens, securing
the services of George Jones, Howie Mandel, Rick Springfield, and The Oak Ridge Boys, as well
as Creedence Clearwater Revisited for FoxFireFest. Staff would like to further utilize Nitelite's
expertise by having them provide the primary marketing support for The Hemmens events
mentioned above, as well as assisting City staff in promoting the rest of the season. Historically,
no more than $10,000 per show has been spent on marketing and advertising
Pursuant to the agreement, Nitelite would create and implement marketing plans for the specific
shows, draft press releases, obtain publicity materials from agents, arrange interviews, etc. In
addition, Nitelite would use their buying power to place ads (content and pricing approved by
City staff) in print, radio, TV, and internet markets. All marketing plans and purchases will be
subject to approval by City staff prior to implementation. Nitelite's compensation would consist
of $2,000 ($500 per show) for marketing support plus retaining the difference between the
discounted advertisement purchasing rates and the standard advertising rates.
Marketing Agreement with Nitelite Promotions
April 23, 2009
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost for the marketing assistance is a not to exceed total of$40,000. There are sufficient
funds budgeted ($100,000) and available ($59,404) in the Recreation Fund, account number 296-
5402-765.32-04, (Hemmens Advertising), to enter into an agreement with Nitelite Promotions.
Expenses from this agreement will be assigned to individual show project numbers.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the agreement with Nitelite Promotions in an
amount not to exceed $40,000.
2. The City Council may choose not to approve the agreement with Nitelite Promotions.
Respectfully submitted for Council consideration.
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C>,�` � \y City of Elgin
Memorandum
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Date: May 19, 2009
To: Butch Wilhelmi, Hemmens Cultural Center Supervisor
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-117, Adopted at the May 13, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Agreement with Nitelite Promotions for Promotion and Marketing Services