Loading...
R-1449 - 04/14/2015 - MCDONALD'S - Resolutions RESOLUTION 2015-AG-MCD-TASTE-FRWRKS-R-1449 A RESOLUTION APPROVING A SPONSORSHIP AGREEMENT BY AND BETWEEN MCDONALDS CORPORATION AND THE VILLAGE OF OAK BROOK FOR MCDONALDS CORPORATION TO SPONSOR THE INDEPENDENCE DAY AND TASTE OF OAK BROOK FIREWORKS SHOW WHEREAS, the Village is hosting its annual Taste of Oak Brook on July 3, 2015; and WHEREAS, the Taste of Oak Brook coincides with Independence Day and the Village's Independence Day fireworks show("Show"); and WHEREAS, McDonalds Corporation ("McDonalds") has successfully sponsored the Show in previous years; and WHEREAS, the Village and McDonalds desire to enter into an agreement for McDonalds to sponsor this year's Show by providing the Village a sponsorship fee of$100,000 ("Agreement"); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form approved by the Village Manager. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement with McDonald's in substantially the same form as attached as Exhibit A. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Agreement between the Village and McDonald's after receipt of the final Agreement fully executed by McDonalds. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2015-AG-MCD-TASTE-FRWRKS-R-1449 Fireworks Show Sponsorship Agreement with McDonalds Page 2 of 2 t APPROVED THIS 14th day of April, 2015. Gopal Lal alani Village President PASSED THIS 14th day of April, 2015. Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: None ATTEST: 1 =s Charlotte K. Pruss ` b Village Clerk y r INDEMNIFICATION AND SPONSORSHIP AGREEMENT, BY AND BETWEEN THE VILLAGE OF OAK BROOK AND McDONALD'S CORPORATION THIS AGREEMENT is made this 7th day of April 2015, by THE VILLAGE OF OAK BROOK (the "Village"), and McDONALD'S CORPORATION ("McDonald's") as follows: INDEMNIFICATION I. In the event that as a result of the agreement dated October 14, 2014, by and between the Village and Melrose Pyrotechnics ("Melrose") for provision of a fireworks display for the Village's Independence Day/Taste of Oak Brook celebration (the "Fireworks Agreement"), or any activities arising out of or related to the Fireworks Agreement and/or the Village's Independence Day/Taste of Oak Brook celebration event (the fireworks display and all of the activities related to the Village's Independence Day/Taste of Oak Brook celebration events shall be collectively referred to as the "Events"), McDonald's or its subsidiaries, affiliates, franchisees, and the officers, agents, employees,volunteers and licensors of any of the foregoing (collectively, the "McDonald's Indemnified Parties") are made a party defendant in any litigation, or any claim or demand is made against any such party, the Village agrees to defend, indemnify and hold harmless any such party, individually and collectively, from and against any and all suits, claims, demands, set offs, or other action, including but not limited to judgments arising therefrom ("Indemnified Claims"). The obligation of the Village with regard to Indemnified Claims shall include and extend to payment of reasonable attorneys' fees for the representation of any such party in any litigation or investigation, and shall further include expenses, court costs and all other fees associated with any Indemnified Claims. The obligations of the Village under this Section I shall not extend to any Indemnified Claims that are either caused by the negligence of any or all of the McDonald's Indemnified Parties or if performance of any obligations is prohibited by law. 11. As part of its obligations hereunder, the Village shall maintain and provide proof of insurance covering the Events and naming the McDonald's Indemnified Parties as additional i insured's at the levels specified in subsection(a)below: (a) Minimum scope of insurance and minimum insurance limits. (1) Workers compensation insurance as required by the State of Illinois. (2) Employers liability insurance of$1,000,000 per accident. (3) $1,000,000 combined single limit automobile liability insurance per accident for bodily injury and property damage. (4) $1,000,000 broad form comprehensive general liability insurance (including, but not limited to,personal injury,blanket contractual liability, Property damage, products and completed operations, and explosion, collapse and damage to underground property), and shall provide coverage (either by special endorsement or otherwise) for any and all claims arising out of or related to the use of fireworks, fireworks display, or any similar type of explosive device. Additionally, the Village shall assure that any agreement it makes with Melrose (or any other third party for the provision of a fireworks display for the Events) shall require Melrose (or such other third party) to procure and maintain or cause to be procured and main� fined, with 1 Approved as to Form Date: y S cf respect to any and all services and fireworks display (the "Work") furnished pursuant to the Fireworks Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of such Work by Melrose, its contractors, agents, representatives, employees or subcontractors, at the levels of coverage specified in subsection(b)below: (b) Minimum scope of insurance and minimum insurance limits. (1) Workers compensation insurance as required by the State of Illinois. (2) Employers liability insurance of$1,000,000 per accident. (3) $1,000,000 combined single limit automobile liability insurance per accident for bodily injury and property damage. (4) $8,000,000 broad form comprehensive general liability insurance (including,but not limited to,personal injury, blanket contractual liability, property damage, products and completed operations, and explosion, collapse and damage to underground property), and shall provide coverage (either by special endorsement or otherwise) for any and all claims arising out of or related to the use of fireworks, fireworks display, or any similar type of explosive device. (c) The Comprehensive General Liability shall be endorsed to contain the following: (1) The Village and the McDonalds Indemnified Parties are to be covered as insured's or additional insured's as respects all Work performed under this Agreement. (2) The insurance procured pursuant to the provisions of this paragraph shall be primary to the maximum extent allowed by law as respects the Village and the McDonald's Indemnified Parties, and any insurance or self insurance maintained by any such party shall be excess of the insurance procured by or on behalf of Melrose (or other applicable third party) and. shall not contribute with it. (3) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Village and the McDonald' Indemnified Parties. (4) Each policy required by this paragraph shall be endorsed to state that thirty (30) days' prior written notice by regular mail or personal delivery of cancellation or nonrenewal must be made to the Village. The Village shall furnish McDonald's with a certificate of insurance evidencing its coverage obligations as set forth above. Likewise, Melrose shall be required to famish or cause to be furnished to the Village certificates of insurance with original endorsements affecting all coverage required by this paragraph. The certificates and endorsements are to be received and approved by the Village before the commencement of any Work, and shall be provided to McDonald's upon request. 2 SPONSORSHIP III. McDonald's hereby agrees to sponsor the firework display (pyrotechnics) feature of the Oak Brook Independence Day/Taste of Oak Brook Celebration. As such, McDonald's agrees to pay the sum of$100,000.00 to the Village to provide support for the Events. McDonald's shall make such payment to the Village no later than July 1,2015. (a) The Village agrees to allow McDonald's the right to display banners to indicate corporate recognition and their sponsorship of the Events in locations agreeable to the Village so as to not cause a safety concern. (b) The Village also agrees that should it create and display any banners or marketing or advertising for the Events,McDonald's will be listed and noted as the presenting sponsor on the materials and McDonald's will be provided a copy for review in advance of the release date. (c) The Village and McDonald's agree that any press release created for the event shall be approved by both parties in advance of release. (d) If desired McDonald's shall have the right to distribute fliers/coupons for McDonald's products and marketing purposes during the Events. (e) The Village agrees to provide McDonald's with 350 food vendor tickets, valued at$1 each,to be used at the Taste of Oak Brook for food and/or beverage items. (f) The official name of the event will be: Taste of Oak Brook sponsored by McDonald's. The official name will be used on all advertising and signage referring to the event. (g) (6) 30-second announcement spots at the event (McDonald's to provide the script cards 7 days before event) (h) Incorporate"McDonald's" at the beginning of the pyrotechnic show via announcement (i) Village to provide(25)VIP parking passes for Management at Oak Brook Golf Club. (j) Village agrees that none of the McDonald"s restaurant chain competitors in the quick service or fast casual restaurant segments (e.g., Starbucks, Dunkin Donuts,Burger King, Subway, Arby's,Panera Bread) will be permitted to sponsor or otherwise participate as vendors in connection with the Events. In return,McDonald's hereby agrees to provide: (a) Script cards for their 30-second spots 7 days before the event. (b) Any additional signage, i.e. entryway, stage, beer tent, etc. CANCELLATION V. The parties acknowledge and agree that the Events are currently scheduled to occur on July 3, 2015. In the event of inclement weather or other circumstances beyond the control of the Village, the Village reserves the right to cancel the restaurant tasting portion of the Events and conduct fireworks only on July 4, 2015 instead. If the Village does not conduct fireworks display for any reason on either July 3 or July 4,'2015, McDonald's shall be entitled to a partial refund of $80,000.00, such partial refund to be paid to McDonald's within 10 days following cancellation of the fireworks display, 3 IN WITNESS WHEREOF, the undersigned parties have approved this Agreement, as executed by its authorized agent. ' APPROVED this opr�" Day of 19A,1,1- 2015 Village of O Brook: McDonald's Corporation: Qrs Gopal G. Lalmalani Kevin Ozan Village President Executive Vice President&CFO Attest Charlotte K. Pruss Village'Clerk 4