HomeMy WebLinkAboutWKMG-TV Celebration of Freedom '06 COPY
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AGREEMENT
RECEIVED
JUN 0 2 2006
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
THIS AGREEMENT (the "Agreement) is made by and between WKMG-TV,
(hereinafter referred to as "Producer") and the City of Winter Springs (hereinafter
referred to as "City").
WHEREAS, Producer desires to participate in the "Celebration of Freedom '06"
event (hereinafter referred to as "Event") at Central Winds Park, Winter Springs, Florida;
WHEREAS, City desires to promote the Event through television advertising;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
it is agreed by and between Producer and City as follows:
1. City hereby grants Producer the right to sell booth space at the Event to
advertisers for the purpose of merchandising, sampling, distribution, or
marketing of products to Event patrons. Producer warrants that any and
all advertisers will not conflict with City's vendors. Location of booths
shall be mutually agreed upon.
2. Unless otherwise requested, and separate consideration provide thereof,
City shall be responsible for providing 10' x 10' tents with tables and
chairs for each of Producer's advertisers. This responsibility includes,
but is not limited to, ordering, delivery, set-up, removal, and payment to
applicable vendors
3. City agrees to provide Producer with access to the park and assistance
in securing an acceptable location for its Mircrowave Truck for live
broadcast purposes.
4. City agrees to provide Producer with banner positions for Producer and
its advertisers on the Main Stage. City will also incorporate Producer
and its advertisers on video playback on the Jumbotron. Logos will be
provided by Producer.
5. City agrees to create a VIP "Best View" section at the Event for
authorized Producer personnel, advertisers, and contest winners. This
location shall be mutually agreed upon.
6. Producer agrees to advertise the Event on WKMG- TV and its web
channel Local6.com. Producer will create 10, 15 and 30 second spots
promoting the Event. Producer will cause these spots to air a minimum
of fifty (50) times beginning approximately mid-June. Producer will
create a web page on its web channel to promote the Event, with a
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hyperlink to City's Event website. Producer will rotate a series of
banners and tiles driving people to that page. All web components will
begin on or about June 6, 2006.
7. Producer will pay City the sum of $500 per advertiser Producer acquires
to cover the costs of the tent, table, chairs, and labor.
8. Producer will conduct a web contest soliciting viewers to register on
Local6.com to win passes to the VIP "Best View" section at the Event.
9. Producer will broadcast live throughout the day from the Event,
encouraging viewers to come participate in the Event.
10. Producer will list the Event on its weekly Community Calendar
promotional spot.
Nothing herein shall create, nor deemed to create, a partnership, joint venture,
agency or similar relationship between the parties and neither party shall have the right to
bind the other, without its consent, with respect to obligations to third parties except as
specifically provided herein.
City hereby agrees to defend, indemnify and hold Producer, its parent company a
subsidiary, affiliated and related companies of each, and the directors, officers,
employees, agents and assigns of each, harmless from and against any and all damages,
claims, judgments, demands, causes of action, loss, liability and expense (including, but
not limited to attorneys' fees) of any nature whatsoever (whether based on tort, breach of
contract, strict liability, product liability, or patent, copyright or any other intellectual
property right infringement) resulting or arising directly or indirectly from or out ofthe
Event; or any other failure of City to comply with the obligations on City's part to be
performed hereunder.
Producer hereby agrees to defend, indemnify and hold Producer, its parent
company a subsidiary, affiliated and related companies of each, and the directors,
officers, employees, agents and assigns of each, harmless from and against any and all
damages, claims, judgments, demands, causes of action, loss, liability and expense
(including, but not limited to attorneys' fees) of any nature whatsoever (whether based on
tort, breach of contract, strict liability, product liability, or patent, copyright or any other
intellectual property right infringement) resulting or arising directly or indirectly from
this agreement; any use of the Premises by Producer or any broadcast or exhibition of any
film or videotape resulting therefrom; any act or omission on the part of the Producer, its
directors, officers, employees or agents; or any other failure of Producer to comply with
the obligations on Producer's part to be performed hereunder.
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THE ATTACHED AGREEMENT WAS
ORIGINALLY GIVEN TO THE CITY
COMMISSION AT THE MAY 8, 2006
REGULAR MEETING AS CONSENT 400. THE
AGENDA ITEM WAS APPROVED AND THE
AGREEMENT WAS FULLY EXECUTED
WITH CHANGES.