R-1681 - 12/12/2017 - MARKETING - Resolutions RESOLUTION 2017-MRKTG-AG-R-1681
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING A
RETAINER FEE SERVICES AGREEMENT FOR ADVERTISING AND MARKETING SERVICES
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND POINT B COMMUNICATIONS
WHEREAS, the Village has purchased marketing, advertising, and promotion services to market
the hotels, restaurants, entertainment venues, and retail sales facilities in the Village ("Marketing
Services")from Point B Communications ("Point B") since 2008; and
WHEREAS, Point B has satisfactory provided Marketing Services to the Village; and
WHEREAS, the Village desires to enter into a new one-year agreement for Point B to continue to
provide Marketing Services to the Village, which agreement is attached hereto as Exhibit A and
incorporated herein ("Agreement'); and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to so waive competitive bidding and
to approve the Agreement for Point B to provide Marketing Services; and
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: Waiver of Competitive Bidding Requirements. The advertising and bidding
requirements for the purchase of the Marketing Services shall be, and they are hereby, waived in
accordance with Section 1-7-4 of the Village Code.
Section 3: Approval of Agreement. The President and Board of Trustees hereby approve the
Agreement with Point B in substantially the same form as attached as Exhibit A, and in a final form approved
by the Village Attorney.
Section 4: Authorization and Execution of Agreements. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the Agreement between the Village and Point B after
receipt of the final Agreement fully executed by Point B.
Section 5: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two-thirds of the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-MRKTG-AG-R-1681
Authorizing Agreement with Point B for Marketing Services
Page 2 of 3
APPROVED THIS 12th day of December, 2017 J
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of December, 2017
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
ATTES :
"�
Charlotte K. Pruss
Village Clerk
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'V !�f'+
3 �r
Resolution 2017-MRKTG-AG-R-1681
Authorizing Agreement with Point B for Marketing Services
Page 2 of 3
EXHIBIT A
AGREEMENT FOR ADVERTISING & MARKETING
"RETAINER FEE" SERVICES
BETWEEN THE VILLAGE OF OAK BROOK AND
POINT B COMMUNICATIONS
This agreement ("Agreement") is made as of this /ITHday of December 2017 by and between
the Village of Oak Brook ("Village") and Point B Communications ("Agency").
WHEREAS, the Village contains a large number of hotels, restaurants, entertainment venues
and retail sales facilities (collectively the "Attractions"); and
WHEREAS, the Village desires to advertise, market and promote the Attractions to the general
public; and
WHEREAS, the Village desires to engage the Agency and the Agency desires to be engaged
by the Village to advertise, market and promote the Attractions pursuant to the terms of this
Agreement; and
NOW THEREFORE in consideration of the mutual covenants and conditions contained herein
and other good and valuable consideration, the receipt of sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
2. Term of Agreement: This Agreement shall be in effect for twelve months beginning
January 1, 2018. This Agreement is subject to termination as outlined in this Agreement.
3. Fees.
a. Monthly Retainer: The following monthly retainer fees shall apply for the Village
under this Agreement for the Agency Services (as defined in Section 3 of this
Agreement): $3,785.00 per month beginning January 1, 2018 through December
31, 2018. The Agency shall submit monthly invoices to the Village in an
approved format for the Monthly Retainer for the prior month. The Village shall
pay to the Agency the amount billed within 30 days after its receipt and approval
of such an invoice unless the retainer fees are disputed. The Agency shall not
bill the Village for, and the Village shall not pay or reimburse the Agency for, any
costs and expenses incurred by the Agency in providing Agency Services without
the prior written authorization of the Village Manager.
b. Expenses: Notwithstanding anything in Section 2.a of this Agreement to the
contrary, the Village shall reimburse the Agency for its out-of-pocket expenses
("Expenses") such as printing, postage, lettershop, illustrations, photography,
shipping, color and digital outputs, messenger service, supplies and materials,
presentation boards and travel provided that: (i) the Agency obtains prior
approval from the Village of a plan of the type of expenses it will incur during the
Term of the Agreement; and (ii) the total Expenses reimbursed by the Village do
not exceed $401,500.00. The Village shall pay to the Agency the amount billed
for Expenses within 30 days after its receipt and approval of such an invoice
unless the Expenses are disputed.
C. Taxes, Benefits, and Royalties: All amounts billed by the Agency, including the
retainer amount, includes all applicable federal, state, and local taxes of every
kind and nature applicable to the Agency Services as well as all taxes,
contributions, and premiums for unemployment insurance, old age or retirement
benefits, pensions, annuities, or similar benefits and all costs, royalties and fees
arising from the use on, or the incorporation into, the Agency Services, of
patented or copyrighted equipment, materials, supplies, tools, appliances,
devices, processes, or inventions. Any claim or right to claim additional
compensation by reason of the payment of any such tax, contribution, premium,
costs, royalties, or fees is hereby waived and released by the Agency.
d. Records: The Agency shall maintain records showing the actual time devoted,
Expenses, and costs incurred to provide the Agency Services, and shall permit
the Village to inspect and audit all data and records of the Agency for work done
pursuant to this Agreement. The records shall be made available to the Village
at reasonable times during the term of this Agreement, and for one year after
termination of the Agreement.
e. Additional Services: The Agency acknowledges and agrees that the Village shall
not be liable for any costs incurred by the Agency in connection with any services
provided by the Agency that are outside the scope of this Agreement ("Additional
Services"), regardless of whether such Additional Services are requested or
directed by the Village, except upon the prior written consent of the Village.
4. Agency Services: The following are the services to be provided by the Agency pursuant
to the terms of this Agreement (collectively, "Agency Services"):
a. Account Management Services: The Agency shall provide a designated team of
marketing professionals ("Account Team") to ensure sound strategic direction
and general account management including on-going research (not including the
utilization of outside research firm), planning, strategy, consultation, monitoring of
business conditions and competitive set as well as the development of an
Integrated marketing communication plan and overall budget monitoring
forecast. Account management services include continual evaluation of
marketing initiatives, preparation of a semi-annual findings report plus modifying
plans based on the findings report, as well as needs and market condition
changes. The Account Team shall also serve as the Village's primary day-to-day
liaison to the Agency for all communication and reporting from meetings,
conference calls as well as weekly and/ or monthly status reports. In addition, the
Account Team shall provide coordination of files and miscellaneous requests
from Hotels of Oak Brook partners. The Account Team personnel shall be
primarily responsible for carrying out the Agency Services on behalf of the
Agency. The Account Team personnel shall not be changed without the Village's
prior written approval. The Agency shall provide all personnel necessary to
complete the Agency Services. The Agency shall notify the Village as soon as
practicable prior to terminating the employment of, reassigning, or receiving
notice of the resignation of, any Account Team personnel. The Agency shall
have no claim for damages and shall not bill the Village for additional time and
materials charges as the result of any portion of the Agency Services which must
be duplicated or redone due to such termination or for any delay or extension of
the time of performance as a result of any such termination, reassignment, or
resignation.
b. Analyses and Assessment: The Agency shall thoroughly familiarize itself with the
Village's products and/or services, their respective markets, competitors,
business environment, overall marketing evaluation and Village needs
assessment.
C. Research and Strategic Planning: The Agency shall devote sufficient time and
attention to properly evaluate the Village's needs, determine strategic direction
and to summarize and convey findings and recommendations to the Village. The
Agency shall also determine market penetration, segment reach and distribution
vehicles. This does not include the utilization of outside research firms, if
required, or requested by the Village. Advance written approval shall be obtained
from the Village before using any outside research support resources
d. Media Management:
i. Research: All media research fees for all retainer fee agreements are
waived and considered fee inclusive. Research results for all media
evaluations are reported by summary report that includes the Agency's
recommendation. Media research Is available for all primary market
segments and other niche markets.
ii. Planning: The Agency shall develop a comprehensive annual media plan
for the Village and update the plan on an ongoing basis. All media plans
shall be designed to conform to the budget of the Village as outlined .. All
media selected for purchase shall be negotiated at the lowest possible
rate for each participating project.
iii. Call Screening: The Agency shall accept media calls on behalf of the
Village and report any qualified media opportunities on a regular basis.
e. Accounting: The Agency shall provide accounting services for retainer, project
and media billing and reconciliation. The Agency shall serve as a liaison
between media and production vendors for accurate billing. This includes fielding
vendor inquiries and any Village billing questions.
f. Executive Staff Consultation: The Agency's Principal and Executive Creative
Director shall provide time as necessary for planning and strategic creative
development in collaboration with the Account Team and the Village.
g. Media Placement: The Agency shall execute media placement for the Village at
the lowest available net rates.
5. Subcontractors:
a. Approval and Use of Subcontractors: The Agency shall perform the Agency
Services with its own personnel and under the management, supervision, and
control of its own organization unless otherwise approved in advance by the
Village in writing. All subcontractors and subcontracts used by the Agency shall
be acceptable to, and approved in advance by, the Village. The Village's
approval of any subcontractor or subcontract shall not relieve the Agency of full
responsibility and liability for the provision, performance, and completion of the
Agency Services as required by this Agreement. All Agency Services performed
under any subcontract shall be subject to all of the provisions of this Agreement
in the same manner as if performed by employees of the Agency. For purposes
of this Agreement, the term "Agency" shall be deemed also to refer to all
subcontractors of the Agency, and every subcontract shall include a provision
binding the subcontractor to all provisions of this Agreement.
b. Removal of Personnel and Subcontractors: If any personnel or subcontractor
fails to perform the Agency Services in a manner satisfactory to the Village and
consistent with commonly accepted professional practices, the Agency shall
immediately upon notice from the Village remove and replace such personnel or
subcontractor. The Agency shall have no claim for damages, for compensation
in excess of the amount contained in this Agreement, or for a delay or extension
of the time of performance as a result of any such removal or replacement.
6. Confidentiality:
a. Confidential Information: The term "Confidential Information" shall mean
information in the possession or under the control of the Village relating to the
technical, business, or corporate affairs of the Village; Village property; user
information, including, without limitation, any information pertaining to usage of
the Village's computer system, including and without limitation, any information
obtained from server logs or other records of electronic or machine readable
form; the Village's customers, methods of operation, and marketing plan; and the
existence of, and terms and conditions of, this Agreement. Village Confidential
Information shall not include information that can be demonstrated: (1) to have
been rightfully in the possession of the Agency from a source other than the
Village prior to the time of disclosure of such information to the Agency pursuant
to this Agreement ("Time of Disclosure"); (2) to have been in the public domain
prior to the Time of Disclosure; (3) to have become part of the public domain
after the Time of Disclosure by a publication or by any other means except an
unauthorized act or omission or breach of this Agreement on the part of the
Agency or the Village; or (4) to have been supplied to the Agency after the Time
of Disclosure without restriction by a third party who is under no obligation to the
Village to maintain such information in confidence.
b. No Disclosure of Confidential Information by the Agency: The Agency
acknowledges that it shall, in performing the Agency Services for the Village
under this Agreement, have access, or be directly or indirectly exposed, to
Confidential Information. The Agency shall hold confidential all Confidential
Information and shall not disclose or use such Confidential Information without
the express prior written consent of the Village. The Agency shall use
reasonable measures at least as strict as those the Agency uses to protect its
own confidential information. Such measures shall include, without limitation,
requiring employees and subcontractors of the Agency to execute a non-
disclosure agreement before obtaining access to Confidential Information.
7. Standard of Services and Indemnification:
a. Representation and Certification of Services: The Agency represents and
certifies that the Agency Services shall be performed in accordance with the
standards of professional practice, care, and diligence practiced by recognized
consulting firms in performing services of a similar nature in existence at the time
of performance. The representations and certifications expressed shall be in
addition to any other representations and certifications expressed in this
Agreement, or expressed or implied by law, which are hereby reserved unto the
Village.
b. Indemnification: The Agency shall, and does hereby agree to indemnify and
save harmless the Village against all damages, liability, claims, losses, and
expenses (including attorneys' fees) that may arise, or be alleged to have arisen,
out of or in connection with the Agency's performance of, or failure to perform,
the Agency Services or any part thereof, or any failure to meet the
representations and certifications set forth in Section 7.a of this Agreement.
C. Insurance: The Agency acknowledges and agrees that the Agency shall provide
certificates of insurance evidencing the minimum insurance coverages and limits
set forth in Exhibit A attached to this Agreement within 10 days following the
Village's acceptance of this Agreement. Such policies shall be in form, and from
companies, acceptable to the Village. The insurance coverages and limits set
forth Exhibit A shall be deemed to be minimum coverages and limits and shall
not be construed in any way as a limitation on the Agency's duty to carry
adequate insurance or on Contractor's liability for losses or damages under this
Contract. The minimum insurance coverages and limits that shall be maintained
at all times while providing, performing, or completing the Agency Services.
d. No Personal Liability. No elected or appointed official or employee of the Village
shall be personally liable, in law or in contract, to the Agency as the result of the
execution of this Agreement.
8. Ownership of Materials: All materials produced by the Agency or commissioned by the
Village under this Agreement, shall be the property of the Village and the Village shall
have exclusive ownership of those materials. It is understood that work commissioned
by the Agency from third party vendors including, but not limited to, photographers and
Illustrators, may subject to different ownership and usage rights which shall be
determined on a case-by-case basis. Notwithstanding the foregoing, work
commissioned by the Agency from third party vendors for the Village shall provide the
Village, at a minimum, a perpetual, irrevocable non-exclusive right and license to use
such work for Village purposes.
9. Consultant Agreement General Provisions:
a. Relationship of the Parties: The Agency shall act as an independent contractor in
providing and performing the Agency Services. Nothing in, nor done pursuant to,
this Agreement shall be construed: (1) to create the relationship of principal and
agent, employer and employee, partners, or joint venturers between the Village
and the Agency; or (2) to create any relationship between the Village and any
subcontractor of the Agency.
b. Conflict of Interest: The Agency represents and certifies that, to the best of its
knowledge: (1) no elected or appointed Village official, employee or agent has a
personal financial interest in the business of the Agency or in this Agreement, or
has personally received payment or other consideration for this Agreement; (2)
as of the date of this Agreement, neither the Agency nor any person employed or
associated with the Agency has any interest that would conflict in any manner or
degree with the performance of the obligations under this Agreement; and (3)
neither the Agency nor any person employed by or associated with the Agency
shall at any time during the term of this Agreement obtain or acquire any interest
that would conflict in any manner or degree with the performance of the
obligations under this Agreement.
C. No Collusion: The Agency represents and certifies that the Agency is not barred
from contracting with a unit of state or local government as a result of: (1) a
delinquency in the payment of any tax administered by the Illinois Department of
Revenue, unless the Agency is contesting, in accordance with the procedures
established by the appropriate revenue act, its liability for the tax or the amount
of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code,
65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section
33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.
The Agency represents that the only persons, firms, or corporations interested in
this Agreement as principals are those disclosed to the Village prior to the
execution of this Agreement, and that this Agreement is made without collusion
with any other person, firm, or corporation. If at any time it shall be found that
the Agency has, in procuring this Agreement, colluded with any other person,
firm, or corporation, then the Agency shall be liable to the Village for all loss or
damage that the Village may suffer, and this Agreement shall, at the Village's
option, be null and void.
d. Termination: Notwithstanding any other provision hereof, the Village may
terminate this Agreement at any time upon 15 days written notice to the Agency.
In the event that this Agreement is so terminated, the Agency shall be paid for
Agency Services actually performed and reimbursable expenses actually
incurred, if any, prior to termination, not exceeding the value of the Agency
Services completed, which shall be determined on pro-rata basis.
e. Compliance with Laws and Grants:
i. Compliance with Laws: The Agency shall give all notices, pay all fees,
and take all other action that may be necessary to ensure that the Agency
Services are provided, performed, and completed in accordance with all
required governmental permits, licenses, or other approvals and
authorizations that may be required in connection with providing,
performing, and completing the Agency Services, and with all applicable
statutes, ordinances, rules, and regulations, including, without limitation:
any applicable prevailing wage laws; the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes requiring
preference to laborers of specified classes; any statutes prohibiting
discrimination because of, or requiring affirmative action based on, race,
creed, color, national origin, age, sex, or other prohibited classification,
including, without limitation, the Americans with Disabilities Act of 1990,
42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS
5/1-101 et seq. The Agency shall also comply with all conditions of any
federal, state, or local grant received by the Village or the Agency with
respect to this Agreement or the Agency Services. Further, the Agency
shall have a written sexual harassment policy in compliance with Section
2-105 of the Illinois Human Rights Act.
ii. Liability for Noncompliance: The Agency shall be solely liable for any
fines or civil penalties that are imposed by any governmental or quasi-
governmental agency or body that may arise, or be alleged to have
arisen, out of or in connection with the Agency's, or any of its
subcontractors, performance of, or failure to perform, the Agency
Services or any part thereof.
iii. Required Provisions: Every provision of law required by law to be
inserted into this Agreement shall be deemed to be inserted herein.
f. Default: If it should appear at any time that the Agency has failed or refused to
prosecute, or has delayed in the prosecution of, the Agency Services with
diligence at a rate that assures completion of the Agency Services in full
compliance with the requirements of this Agreement, or has otherwise failed,
refused, or delayed to perform or satisfy the Agency Services or any other
requirement of this Agreement ("Event of Default"), and fails to cure any such
Event of Default within ten business days after the Agency's receipt of written
notice of such Event of Default from the Village, then the Village shall have the
right, without prejudice to any other remedies provided by law or equity, to
pursue any one or more of the following remedies:
i. Cure by Agency: The Village may require the Agency, within a
reasonable time, to complete or correct all or any part of the Agency
Services that are the subject of the Event of Default; and to take any or all
other action necessary to bring the Agency and the Agency Services into
compliance with this Agreement.
ii. Termination of Agreement by Village: The Village may terminate this
Agreement without liability for further payment of amounts due or to
become due under this Agreement after the effective date of termination.
iii. Withholding of Payment by Village: The Village may withhold from any
payment, whether or not previously approved, or may recover from the
Agency, any and all costs, including attorneys' fees and administrative
expenses, incurred by the Village as the result of any Event of Default by
the Agency or as a result of actions taken by the Village in response to
any Event of Default by the Agency.
g. No Additional Obligation: The Parties acknowledge and agree that the Village is
under no obligation under this Agreement or otherwise to negotiate or enter into
any other or additional contracts or agreements with the Agency or with any
vendor solicited or recommended by the Agency
h. Village Authority: Notwithstanding any provision of this Agreement, any
negotiations or agreements with, or representations by the Agency to, vendors
shall be subject to the approval of the Village. For purposes of this Section 9.H,
"vendors" shall mean entities engaged in subcontracts for the provision of
additional services directly to the Village. The Village shall not be liable to any
vendor or third party for any agreements made by the Agency without the
knowledge and approval of the Village.
i. Mutual Cooperation: The Village agrees to cooperate with the Agency in the
performance of the Agency Services, including meeting with the Agency and
providing the Agency with such non-confidential information that the Village may
have that may be relevant and helpful to the Agency's performance of the
Agency Services. The Agency agrees to cooperate with the Village in the
performance and completion of the Agency Services and with any other
consultants engaged by the Village.
j. News Releases: The Agency shall not issue any news releases, advertisements,
or other public statements regarding the Agency Services without the prior
written consent of the Village Manager.
10. General Provisions:
a. Amendment. No amendment or modification to this Agreement shall be effective
until it is reduced to writing and approved and executed by the Village and the
Agency in accordance with all applicable statutory procedures.
b. Assignment. This Agreement may not be assigned by the Village or by the
Agency without the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of
the Village, the Agency, and their agents, successors, and assigns.
d. Notice. All notices required or permitted to be given under this Agreement shall
be in writing and shall be delivered (1) personally, (2) by a reputable overnight
courier, or by (3) by certified mail, return receipt requested, and deposited in the
U.S. Mail, postage prepaid. Unless otherwise expressly provided in this
Agreement, notices shall be deemed received upon the earlier of: (a) actual
receipt; (b) one business day after deposit with an overnight courier, as
evidenced by a receipt of deposit; or (c) four business days following deposit in
the U.S. mail, as evidenced by a return receipt. By notice complying with the
requirements of this Section 8.D, each party shall have the right to change the
address or the addressee, or both, for all future notices and communications to
the other party, but no notice of a change of addressee or address shall be
effective until actually received.
Notices and communications shall be addressed to, and delivered at, the
following address:
To Village: Village of Oak Brook
Attn: Village Manager
1200 Oak Brook Road
Oak Brook, Illinois 60523
Fax: 630-360-5027
To the Agency: Point B Communications
600 W. Fulton, Suite 710
Chicago, Illinois 60661
Fax: 312-867-7751
e. Third Party Beneficiary. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation shall be made or be valid against
the Village.
f. Provisions Severable. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated.
g. Time. Time is of the essence in the performance of all terms and provisions of
this Agreement.
h. Calendar Days and Time. Unless otherwise provided in this Agreement, any
reference in this Agreement to "day" or "days" shall mean calendar days and not
business days. If the date for giving of any notice required to be given, or the
performance of any obligation, under this Agreement falls on a Saturday,
Sunday, or federal holiday, then the notice or obligation may be given or
performed on the next business day after that Saturday, Sunday, or federal
holiday.
i. Governing Laws. This Agreement shall be governed by, construed and enforced
in accordance with the internal laws, but not the conflicts of laws rules, of the
State of Illinois; venue for any action related to this Agreement will be in the
Circuit Court of DuPage County, Illinois.
j. Authority to Execute.
1. The Village. The Village hereby warrants and represents to the Agency
that the persons executing this Agreement on its behalf have been
properly authorized to do so by its corporate authorities.
2. The Agency. The Agency hereby warrants and represents to the Village
that the persons executing this Agreement on its behalf have the full and
complete right, power, and authority to enter into this Agreement and to
agree to the terms, provisions, and conditions set forth in this Agreement
and that all legal actions needed to authorize the execution, delivery, and
performance of this Agreement have been taken.
k. Entire Agreement. This Agreement constitutes the entire agreement between
the parties to this Agreement and supersedes all prior agreements and
negotiations between the parties, whether written or oral, relating to the subject
matter of this Agreement.
I. Waiver. Neither the Village nor the Agency shall be under any obligation to
exercise any of the rights granted to them in this Agreement except as it shall
determine to be in its best interest from time to time. The failure of the Village or
the Agency to exercise at any time any such rights shall not be deemed or
construed as a waiver of that right, nor shall the failure void or affect the Village's
or the Agency's right to enforce such rights or any other rights.
M. Consents. Unless otherwise provided in this Agreement, whenever the consent,
permission, authorization, approval, acknowledgement, or similar indication of
assent of any party to this Agreement, or of any duly authorized officer,
employee, agent, or representative of any party to this Agreement, is required in
this Agreement, the consent, permission, authorization, approval,
acknowledgement, or similar indication of assent shall be in writing.
n. Grammatical Usage and Construction. In construing this Agreement, pronouns
include all genders and the plural includes the singular and vice versa.
o. Interpretation. This Agreement shall be construed without regard to the identity
of the party who drafted the various provisions of this Agreement. Moreover,
each and every provision of this Agreement shall be construed as though all
parties to this Agreement participated equally in the drafting of this Agreement.
As a result of the foregoing, any rule or construction that a document is to be
construed against the drafting party shall not be applicable to this Agreement.
P. Headings. The headings, titles, and captions in this Agreement have been
inserted only for convenience and in no way define, limit, extend, or describe the
scope or intent of this Agreement.
q. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies, and benefits provided by this
Agreement shall be cumulative and shall not be exclusive of any other rights,
remedies, and benefits allowed by law.
[SIGNATURE PAGE FOLLOWS]
IN 1NITNESS WHEREOF. the Parties have executed this Agreement this day of
2017.
ATTEST: VILLAGE OF OAK BROOK
By - - -- By: -
Village Clei k Village Manager
ATTEST POINT B COMMUNICATIONS �^
By: / By.
Title: Its:
AOWb nSNI
V 1181HXD
• fI ice'��yi4}
=� REVIEW OF CONTRACTS
Awarding Agency: Village of Oak Brook Type of Contract: Marketing Services
Department: Administration Program/Account Number: 171-13600
Awarded Contract Price: $3,785.00 Budgeted Amount: $401,500
-� ��'9�'r
'+,�..'�b7r,;:�� a`w
F--j Under $20,000 F-1 $500,001 - $1,000,000
■ $20,000 - $500,000 Over $1,000,000
NOTES
2018 Hotels of Oak Brook Marketing Plan/Services
DEPARTMENT DIRECTOR SIGNATURE
IName: DonmBet& Date: 11/5/17
Name: Date:
APPROVED BY VILt.�}GE MANAGE
-_...r..
Name: _ Date:
:FINAL. REVIEW 1AS7TOYFORM ATTORNEY SIGNATOR
Name: .�5 Date:
F-1 Three (3) Originals signed by other party Date/Initials
CJ Original provided to staff member for other party Date/Initials
0 Original provided to Official Files Date/Initials
Village of Oak Brook I Approved by Board of Trustees- Date/Initials: