Loading...
HomeMy WebLinkAboutWKMG-TV Celebration of Freedom '06 COPY - 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 .. 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. 2 .. AGREED to and accepted t? by: ... ..)~.. crccf .fi ForWKMG-TV t/5poM Date ~54r;, Date 3 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.