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HomeMy WebLinkAboutOrdinance No. 01-1290 ORDINANCE NO. ! ~ q ~) AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING T, HE CITY MANAGER TO ENTER INTO A CONTRACT WITH INFINITY BROADCASTING A~ ~ ' ,~,T ~.,.~T~o ~,~,~r, nT.~, ~.~.~..~,.....~..~~' ,~ ~, ~ FOR A FIREWORKS DISPLAY; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of Thc Colony, Texas is hereby authorized to execute on behalf of the City a contract with Infinity Broadcasting o"d M~n Eve_-_ts for a fireworks display. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 2nd day of April, 2001. PROVED: ~V~i~un ~. Manni'ng, Mayor ATTEST: e~in,~D epu~y-Cit~ S~cretary APPROVED AS TO FORM: Promotional License Agreement and between Infinity Broadcasting Corporation of Fort Worth, d/bTa KRBV, and Infinity KOAI-FM, Inc., d/b/a KOAI ("Infinity"), 7901 Carpenter Freeway, Dallas TX 75247, and the City of The Colony (the "City"), with respect to the Fourth of July Celebration to be held in the 80 acre park site known as the Community Complex and the school grounds of The Colony High School in the City of The Colony, TX (the "Venue"), featuring various national and local musical entertainment and a fireworks show (the "Event"). 1. Organization of the Event Infinity agrees that it shall be fully responsible for organization and coordination of the Event, including all contracting and arrangement with a promoter to organize Event; contracting and arrangement with booth/vendors for the Event; securing insurance coverage (two million dollar policy) for the Event meeting the requirements set forth below in Paragraph 6; all contracting and arrangements for labor, staging, generator power, Event clean up responsibilities, video and rental equipment; all contracting and arrangements with licensed and bonded security and medical personnel; coordinating all ticket sales; collection of all ticket revenue and other revenue; payment of all bills in connection with the Event; and disbursement of all financial settlements for the Event. 2. Infinity's Responsibilities With respect to the Event, Infinity will provide to event a promotional campaign that includes the following: a. KOAI will provide a minimum of 300 live and/or recorded promotional announcements from June 11th 2001 - July 4th 2001. b. KRB V will provide a minimum of 300 live and/or recorded promotional announcements from June 11th 2001 - July 4th 2001. c. KRBV/KOAI will provide reasonable promotion of the Liberty 5k run. d. KOAI/KRBV will secure a free ticket distribution location that will include a retail location either within The Colony city limits or within a reasonable distance depending on secured sponsor locations. Event Production Entertainment Fireworks: (to be choreographed to music) e. Event. Provide Full Event production to include, but not limited to, staging, sound, lighting for KRBV concert, sound, lighting for KOAI concert, fencing to PROMOTIONAL LICENSE AGREEMENT Page 1 Document in Scrap 'Promotional Lice...' enclose Event, vendor tents, electrical power, carnival midway, parking facilities, parking attendants, stage management staff, Event management, restrooms, concert seating, fireworks coordination, print Event tickets, provide ticket takers. f. Security. Infinity agrees to employ at its sole expense all security personnel needed for the duration of this Event. Any City of The Colony police officer(s) on duty at this Event shall serve as the department representative(s) and will act as security coordinator(s). Infinity agrees that all security personnel will be on duty from the beginning of the Event until the area and the parking lot(s) have been cleared. b. (1) Arrangemems for such security shall be verified to the City's satisfaction at least seven (7) days prior to the commencemem date of this Agreemem. b. (2) Infinity understands and agrees that security personnel are subcontractors of Infinity. As such, the City accepts no liability for any cause, action or loss related to agreements or arrangements between security personnel and Infinity. g. Food and Beverages. Wine, beer, other alcoholic beverages, non-alcoholic beverages and food may be sold, given or consumed pursuant to applicable state and local laws and subject to regulations established by the City only where written approval has been received from the City's Health Inspector. c. (1) Infinity or its caterer(s) must secure and provide at its expense all licenses and permits required for the sale of alcoholic beverages. d. (2) Infinity or its caterer(s) are solely responsible for complying with any applicable tax laws. 3. City's Responsibilities In exchange for the benefits set forth in Paragraph 2, the City agrees that it will provide: a. The special evem permit and coordinate the needed street closures. b. The City of The Colony Law Enforcement personnel to be determined in conjunction with the Police Chief of the City of The Colony's Police Departmem and Fire Rescue personnel. c. Midway space for 7 day period. Midway will operate for seven consecutive days. d. Planning coordinator/representative. e. Three year first right of refusal to Infinity Broadcasting to produce and retain any/all profits from 4th of July Celebration Event. f. The City of The Colony shall retain all rights and will be responsible for all licensing fee's to retain the festival name, Liberty By The Lake. g. The City of The Colony will be given access to one ten by ten booth. All sales proceeds from within this booth shah be retained by the City. PROMOTIONAL LICENSE AGREEMENT Page 2 Document in Scrap 'Promotional Lice...' h. Give Infinity exclusive sponsorship rights to the Event, including the exclusive rights (i) to do on-site broadcasts from the Venue, (ii) to have on-air personalities emcee the Event, introduce artists and do on-stage announcements at the Event; (iii) to display KOAI/KRBV signage and banners and vehicle placement both inside and outside the Venue on the day of the Event (i.e. no other radio station will be permitted to display any such items on the day of the Event at the Venue); (iv) to distribute radio station promotional items including fans, stickers, patches, and t-shirts. City agrees that no other radio station will be permitted to distribute any such items on the day oftbe Event at the Venue); and (v) to hold private VIP "Meet and Greets" with selected artists. 4. Loss, Theft, Vandalism, Damage or Injury The City assumes no responsibility whatever for any property placed on the premises. The City is hereby expressly released and discharged from any and aH liability for any loss, injury, theft, vandalism, or damage to persons or property that may be sustained by reason of the occupancy under this Agreement. 5. Abandoned Items The City shah have the sole right to collect and have custody of articles left in the park by persons attending any event or activity given or held on the premises. 6. Condition/Maintenance In the event platforms, staging or other structures are erected by Infinity or any of the exhibitions in any portion of the park, the expense of such erection and removal shall be paid by Infinity, and all damage to said premises, park or furnishings, caused by the erection or removal of such platform or staging shall be paid by Infinity. a. If said premises, or any portion of said park, or any fixtures or equipment thereon, during the term of this Agreement, shah be damaged by the act, default or negligence of Infinity, or of Infinity's agents, employees, patrons, guests, or any person admitted to the said premises by Infinity, Infinity will pay to the City, upon demand, such stun as shall be necessary to restore said premises to their present condition. Infinity hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises, or to any portion of said park with the consent of Infinity's employees or any person acting for and on behalf of Infinity. b. Infinity will be responsible for hiring a Licensed Electrical Contractor to perform aH necessary electrical work and must obtain, at their cost, aH pertinent Electrical Permits and Inspections. Lease-hired Licensed Electrician must be present, at the Facility, at all times to address any potential problems. PROMOTIONAL LICENSE AGREEMENT Page 3 Document in Scrap 'Promotional Lice...' c. Infinity is responsible for the clean-up cost associated with the use of any property/site used in conjunction with this Event. 7. Force Majeure The City shall not be required to perform any term, condition, covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, fire or other calamity strikes, lockouts, materials or labor restrictions by any governmental authority, civil, riot, floods, and any other cause not reasonably within the control of the City which by the exercise of due diligence the City is unable, wholly or in part, to prevent or overcome. In such event, this Agreement shall terminate and Infinity hereby waive any claim against the City for damages by reason of such termination. 8. Revenues In consideration of the rights granted and the mutual promises hereunder, the parties agree that all proceeds fi:om the Event, including all ticket sale proceeds, shall be split as follows: a. 100 percent of all ticket proceeds to Infinity. b. 100 percent of parking proceeds to Infinity. c. 100 percent of all food and beverage proceeds to Infinity. 9. Representations and Warranties Each party hereto represents, warrants and covenants to the other as follows: a. It has the full right and legal authority to enter into and fully perform this Agreement in accordance with the terms and conditions hereof; and b. The execution, delivery and performance of this Agreement does not and will not violate or cause a breach of any other agreements or obligations to which it is a party or which it is bound, and no approval or other action by any governmental authority or agency, or any other individual or entity, is required in connection herewith. 10. Insurance Infinity agrees that it will secure and maintain at its own expense coverage with an insurer in the amount Two Million Dollar ($2,000,000) combined single limit (bodily injury and property damage) and workers compensation insurance with statutory limits, including PROMOTIONAL LICENSE AGREEMENT Page 4 Document in Scrap 'Promotional Lice...' Employer's Liability with a limit of at least Two Million Dollars (2,000,000), such insurance to be primary and non-contributory regardless of any other insurance that may be applicable to any loss in question, in a form appropriate to cover the Event and naming the City, the Lewisville Independent School District ("LISD"), and Infinity Broadcasting Corporation as additional insured with respect to the Event. Promoter shall provide a certificate of such insurance to each of the previously named insureds within fifteen days of the last party executing this Agreement. 11. Indemnity Infinity shall indemnify, defend, and hold harmless the City, LISD, their affiliates and their respective officers, directors, employees and representatives, and the successors and assigns of any of them, from and against, and reimburse them for, all claims, damages, costs and expenses, including, without limitation, interest, penalties, court costs and reasonable attorneys' fees and expenses, resulting from (a) any announcements, advertisements or other commercial copy produced for broadcast on KRBV/KOAI including proceedings or litigation alleging infringement, unlawful use or violations of copyright; (b) any breach of any representation, warranty, covenant, obligation or other agreement contained in this Agreement; (c) out of any failure of Infinity to comply with any applicable laws, statutes, ordinances or regulations; (d) any act or omission or negligence of station or its employees, agents, contractors or invitees; and/or (e) any claim for personal injury or property damage or otherwise brought on behalf of any third party person, firm or corporation against the City and/or Infinity as a result of or in connection with the Event, which claim does not result from the active negligence of the City, LISD, or Infinity. The foregoing indemnities shall survive the termination of this Agreement. 12. Entire Agreement This Agreement constitutes the entire agreement between the parties and shall supersede any and all other agreements, whether oral or otherwise, between the parties. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties. 13. Choice of Law The Agreement will be governed by and construed according to the laws of the State of Texas. 14. Severability If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent be held invalid or unenforceable, there and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be PROMOTIONAL LICENSE AGREEMENT Page 5 Document in Scrap 'Promotional Lice...' affected hereby, and the other terms and provisions of this Agreemem shall be valid and be enforced to the fullest extem permitted by law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Infinity Broadcasting Corporation of Fort Worth, d/b/a KRBV, and Infinity KOAI-FM, Inc., d/b/a KOAI Na~e: Dave Presher Title: VP/GM :)~--'~.- ~) [ Name: Title: C~ ~.~ ~ PROMOTIONAL LICENSE AGREEMENT Page 6 Document in Scrap 'Promotional Lice...'