R98-031II
RESOLUTION NO. R98~'/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
A G.A.L~A. RADIO STATION SPONSORSHIP AGREEMENT
BETVVEEN THE CITY OF BOYNTON BEACH AND
AMERICAN RADIO SYSTEMS, PROVIDING FOR RADIO
SPONSORSHIP OF THE 1998 BOYNTON BEACH G.A.L.A.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS~ the City of.Boynton Beach is desirous of obtaining the services of
a radio station sponsorship for Boynton's G.A.LA. festival, held on March 20, 21 and
22, 1998; and
WHEREAS, American Radio Systems (ARS) haS submitted a proposal to the
Ci~ for coordination of on-air media publicity to assist the G.A.L.A. Committee in
attracting a larger number of festival-goers to the event',
NOW`, THEREFORE`, BE IT RESOLVED BY THE CITY COMMTSSION OF
THE CTTY OF BOYNTON BEACH,, FLORTDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute a
G.A.L.A. Radio Station Sponsorship Agreement between the City of Boynton Beach
and American Radio Systems (ARS), which Agreement is attached hereto as Exhibit
Section 2.
passage.
That this Resolution shall become effective immediately upon
II
PASSED AND ADOPTED ~his
ATTEST:
/~' day of February, 1998.
CITY OF BOYNTON BEACH, FLORIDA
ic~e Mayor .
Commissioner
G.A.L.A. RADIO STATION SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this ~,~ day of ,,~z~.zz.~,¢_.~' 17~,~, by and
between American Radio Systems, hereinafter referred to as "ARS," whose mailing address is
American F~adio Systems, 701 Northpoint Parkway, Suite 500. West Palm Beach, FL 33407,
and the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as "City,"
whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435.
WHEREAS, the City is in need of RADIO STATION SPONSORSHIP for Boynton's G.A.L.A.
festival held on March 20. 21 and 22, 1998 on East Ocean Avenue at U.S. I and surrounding
areas in downtown Boynton Beach, and
WHEREAS, ARS has submitted a proposal to the City and has the references from various
Palm Beach County festivals to coordinate G.A.L.A. on-air media publicity to assist the G.A.L.A.
Committee in attracting a larger number of festival-goers to the event, and
WHEREAS. ARS has stated in its proposal that it will sponsor no other events in Palm Beach
County on the weekend of March 20, 21, 22, 1998, and
WHEREAS. the City desires to engage the services of a radio broadcasting group to provide
G.A.L.A. with several weeks of media coverage for the aforementioned purposes,
NOW THEREFORE and in consideration of the mutual covenants and promises set forth
herein, the parties to this agreement do hereby agree as follows:
That ARS will provide a minimum of 140 (70 on WIRK and 70 on WEAT) 30 - 60 second
produced promotional announcements to air between March 5 and March 22, written with
copy points provided by Boynton's G.A.L.A. Production and voice-overs to be done by ARS.
Other G.A.L.A. sponsors to be mentioned in the ads. Written documented affidavits to be
sent to Virginia H. Shea, Community Promotions Supervisor and G.A.L.A. Chairwoman, and
received by April 20, 1998. Spots will run on a 24 hour basis with an attempt to ensure an
even rotation among all day parts.
2. That ARS will provide live liners and m~ntions two weeks prior to Boynton's G.A.L.A.
3. That ARS will produce announcements in ARS production studio with a minimum value of
$1,000 per commercial announcement.
That the City will allow cross promotions or other advertisers to be permitted on-site,
subject to approval of G.A.L.A. Committee. The City reserves the right to accept
additional sponsor(s) and/or advertisers as an official Boynton's G.A.L.A. sponsor(s) and
reserves the right to permit them the same privileges, such as on-site display, airtime, etc.
The City will not permit on-site advertising of tobacco products, alcoholic beverages, soft-
drink company or beer distributor other than those the G.A.L.A. soft drink and beer
subcommittees are working with (to be determined).
5. That ARS will include additional sponsors and/or advertisers in on-air promotional
announcements with the approval of ARS staff.
That ARS staff will appear on site for all three days of the event. Top air personalities will
make appearances and will be available to emcee different features at the festival. For these
purposes, the G.A.L.A. Committee will provide ARS with two (2) 10 foot by 10 foot tents with
access to electricity, two (2) eight foot tables, table cloths and table skirting and four (4)
chairs in a prime location (near the Center Stage, Beer Garden and Main Food Court) orl the
G.A.L.A. site.
That ARS register at their tent(s) potential winners for a grand prize drawing.
That the stations of ARS are, with the assistance of their vendors sales departments, willing
to attempt to secure third party sponsorships for a portion or all of the Center (Main) Stage
performance(s).
9. That ARS is willing to, with the use of its resources within the recording in(~ustry, assist the
G.A.LA. Committee in securing quality performers as entertainers for the event.
10. That ARS will create a special section devoted to the G.A.L.A. festival in its world wide web
pages.
11.
That ARS will allow the G.A.L.A. Committee usage of radio stations Iogos to help promote
the event. The G.A.L.A. Committee will include the Iogos of WEAT and WlRK in any/all
festival promotional materials/signage (print and TV ads, if any, and press releases).
12. That the G.A.L.A. will name ARS radio stations as the OFFICIAL radio stations of the event.
13. That the G.A.L.A. will provide space for radio stations' vans on-site (although not necessarily
next to tent space designated for said radio stations) for the entirety of the festival.
14.
That the G.A.L.A. will provide ARS with the opportunity to sell in (non-conflicting)
sponsorships/booth space/product sampling for ARS vendor clients at the event pending
G.A. LA. Committee approval of said sponsor.
15.
That the City shall not be responsible for any property damage or personal injury sustained
by ARS or its representatives from any cause whatsoever, prior, during or subsequent to the
period of time during which this agreement is in effect. ARS hereby waives, discharges and
releases the City, the G.A.L.A. Committee, its agents, employees and volunteers from
liability for the negligent acts of City or its agents, employees and volunteers.
16. That ARS shall not sell, subcontract or transfer this agreement to any individual, group,
agency, government, non-profit or profit corporation.
17.
That ARS shall indemnify, save and hold harmless the City, its agents and employees from
any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed
or recovered against or from City or City's agents, employees and volunteers by reason of
any damage to property or person, including death, sustained by any person whomsoever,
which damage is incidental to, occurs as a result of, or arises out of the negligent or
wrongful act(s) of ARS or its representatives.
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18.
19.
20.
21.
That, in the event that litigation shall be necessary for the enforcement of this agreement on
behalf of either party, then the prevailing party shall be entitled to reasonable attorney fees
and costs incurred in said litigation. Venue for said litigation shall be Palm Beach County.
That ARS shall not discriminate against any person on the basis of race, color, religion,
ancestry, national origin, age, sex, marital status, sexual orientation or disability in. its hiring
or contracting practices for any reason associated with this agreement.
That this agreement alone sets forth all the covenants, promises, agreements, conditions
and underStanding between the parties hereto. There are no covenants, promises,
agreements, conditions or understandings, either oral or written, between the parties other
than 'those herein set forth. No agreement shall be binding upon the parties unless and until
it is reduced to writing and signed by both ARS and the City.
If any term or provision of this agreement shall, to any extent, be deemed invalid or
unenforceable, the remainder of this agreement shall be valid and shall be enforced to the
fullest extent of the law.
22. That no alcohol or illegal drugs shall be consumed by ARS technicians, crew or
representatives prior to, during or subsequent to the G.A.L.A. festival performance in
Boynton Beach.
23. That the City and the Boynton's G.A.LA Committee reserves the right to renew this
agreement, with ARS approval, for the following year.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the
day and year written above.
A'I-rEST:
By:
; Elliot, Director of Promotions
American Radio Systems
Approved as to form and
legal s,uffi~;~.,~y: /,7 .
James Cl"~'of, City Att~rr~ey --
City of Boynton Beach
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