R-1327 - 02/11/2014 - TASTE - Resolutions Supporting Documents ITEM li.F.l )
OF 0qk
v c ,411,46,;,-, 690 - - ----
ysF `\,
OOUNr6
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 11, 2014
SUBJECT: Taste of Oak Brook Event Planner Contract
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: $19,800 - Sports Core
RECOMMENDED MOTION: Motion to approve Resolution 2014-TASTE-AG-R-1327, a
Resolution approving the waiver of competitive bidding and authorizing the execution of an
agreement by and between the Village of Oak Brook and Ravenswood Event Services to provide
event planning services for the Taste of Oak Brook 2014.
Background/History:
Last year, Ravenswood Event Services was hired as the Village's event planner for the Taste of
Oak Brook. They have done a good job in the past and we are seeking to renew them for another
year.
The estimated cost of the contract is $19,800. This is same cost as last year's contract. The
Ravenswood Event Services team includes Nora Sheahan. She is a professional fundraiser that
will help to secure additional sponsors for Oak Brook events. They are seeking to maintain the
20% of the proceeds from sponsorships they solicit up to $25,000 in sponsorship fees. Renewal
sponsorships would be at the 10% level, which is the same as last year. They would not receive
any money from sponsors the Village solicits unless they specifically assist in the actual
obtaining of funds.
The Board should approve this contract and should also vote to waive bids.
Recommendation:
That the Village Board authorize staff to waive bids and hire Ravenswood Event Services at an
estimated cost of$19,800 plus 20% of all new sponsorships solicited by Ravenswood Event
Services and approve Resolution R-1327 for the 2014 Taste of Oak Brook event.
A i\f\ i
RESOLUTION 2014-TASTE-AG-R-1327
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING
AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND RAVENSWOOD EVENT SERVICES
TO PROVIDE EVENT PLANNING SERVICES FOR THE TASTE OF OAK BROOK 2014
WHEREAS, the Village is hosting its annual Taste of Oak Brook on July 3, 2014; and
WHEREAS, Ravenswood Event Services of Chicago, Illinois ("Ravenswood') successfully
planned the 2013 Taste of Oak Brook; and
WHEREAS, the Village and Ravenswood desire to enter into an agreement for Ravenswood to
provide the event planning services for an estimated amount of $19,800.00 ("Agreement"), which
Agreement is attached to this Resolution as Exhibit A; and
WHEREAS, the Village Manager recommends that the Village waive competitive bidding and
approve the Agreement for the event planning services; and
WHEREAS, the President and Board of Trustees, 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;
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 event planning services shall be, and they are hereby, waived in
accordance with Section 1-7-4 of the Village Municipal Code.
Section 3: Approval of Purchase of Event Planning Services. The purchase of event
planning services from Ravenswood for an estimated amount of $19,800.00 shall be, and is hereby,
approved.
Section 4: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and Ravenswood in substantially the same form as
attached as Exhibit A and in a final form approved by the Village Attorney.
Section 5: Execution of Agreement. The Village President and the Village Clerk shall be,
and are hereby, authorized to execute the final Agreement on behalf of the Village.
Section 6: 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 2014—TASTE-AG-R-1327
Event Planning Contract-Ravenswood
Page 2 of 2
APPROVED THIS 11th day of February, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of February, 2014
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
#12472388_v1
0
SPONSORSHIP AGENCY
LETTER OF AGREEMENT
TASTE OF OAK BROOK
David Niemeyer
Village of Oak Brook
Via E-Mail
Dear David:
This is to confirm that you have appointed Ravenswood Special Events,Inc.,dba"Ravenswood
Event Services"("Agency"or"us")as your exclusive representative for the purposes of securing
and negotiating agreements with corporatc sponsors for Taste of Oak Brook(the"Event")to be
organized and promoted by the Village of Oak Brook("Owner"or"you").The Event will take
place on July 3,2014 at the Oak Brook Sports Core,
1.Term and Offers,
(a)The Term of this Agreement shall commence upon execution of this Agreement and end Date
unless terminated earlier or extended in accordance with the terms hereof(the"Term").
(b) It is understood and agreed that the terms of any offer received by Agency shall be
transmitted to you and you reserve the sole and exclusive right to accept or reject such offer(s),
•
• which you will do within a reasonable time after receipt thereof.
2.Best Efforts.Agency shall use its best efforts to represent the Event to potential corporate
sponsors and shall prepare marketing materials at its expense for use in presenting the Event to
sponsors.You shall have the right to approve all such materials in writing before their use.You
shall have the right in your discretion to participate in any presentations of the Event to potential
sponsors upon consultation with us. We shall keep you informed in writing of all sponsor
contacts and presentations made on behalf of the Event. If Agency fails to present to you at least
$5,000 in bona fide sponsorship offers before June 1,2014 you shall have the right to terminate
this Agreement upon written notice to us and you shall be free to appoint a new sales
representative.Agency shall be entitled only to its commission for sponsorship accepted by you
as of the date of such termination.
3. Commissions.
(a)New Sponsors As to any sponsorship agreement entered by you during the Term(excluding
those set forth in Paragraph 4),that have not entered into a sponsorship agreement with the Event
prior to the execution of this Agreement for a period at least three years,regardless of Agency's
direct involvement in the negotiations therefor,you shall pay to Agency a commission equal to
Twenty percent(20%)of the first$20,000 and Twenty Five percent(25%)in excess of$20,000
in gross compensation paid and/or payable to you or on your behalf arising from or otherwise
related to each such sponsorship agreement for the entire term of such sponsorship agreement
Page 1 of 4
I
and any amendments,modifications or substitutions thereof, Agency shall be solely responsible
1 for its expenses in connection with its representation of you hereunder,
(b)Existing or Renewing Sponsors As to any sponsorship agreement entered by you within a
period of three years prior to the execution of this Agreement(excluding those set forth in
Paragraph 4),that renews or extends their agreement as a result of a direct solicitation by
Agency,you shall pay to Agency a commission equal to Ten percent(10%)of the gross
1 compensation paid and/or payable to you or on your behalf.
(c)Negotiated Increases to Existing or Renewing Sponsors (Upsells) As to any sponsorship
agreement entered by you within a period of three(3)years prior to the execution of this
1 Agreement(with the exception of those explicitly excluded by Client as listed below in sub-
1 section(h)),that renews or extends their agreement at an amount that is in excess of the
sponsorship fee paid the previous fiscal year(the base)as a result of a direct solicitation by
Agency,you shall pay to Agency a commission equal to 10 percent(10%)of the gross
I compensation paid and/or payable to you or on your behalf for the base amount plus a
I commission equal to 20 percent(20%)of the gross compensation in excess of the base.
c Activation Fee As to any sponsorship agreement entered by you with new or preexisting
{� Y p p g' YY p' g
sponsors and with no Agency participation other than to execute the entitlements and privileges
stipulated in their agreement,you shall pay to Agency a fee equal to Five percent(5%)of the
gross compensation paid and/or payable to you or on your behalf.
(d)In-Kind If any sponsorship fee is paid not in cash but in goods or other services with an
agreed cash value of at least$2,000,then Agency shall be entitled to a flat rate of$500 for each
in kind sponsor payable by you in cash within thirty(30)days after the Event takes place.
(e)As to any sponsorship agreement accepted by you,Agency shall issue appropriate invoices to
such sponsor,collect all funds advanced,loaned,paid or otherwise payable to you or on your
behalf,deduct Agency's commission and remit the balance to you within fourteen(14)days of
Agency's receipt of same. With each such payment Agency shall render a statement in sufficient
detail to show all funds received,the computation of commissions due Agency and the balance
due you.
Q)If you reject any such sponsorship offer solicited or negotiated by Agency and subsequently
• agree to such sponsorship offer within one hundred twenty(120)days of the initial rejection
thereof upon the same or similar terms and conditions as those originally proposed by Agency
(and/or such sponsor, as the case may be)then the same shall be deemed incorporated hereunder
and Agency shall be entitled to its commission with respect to such sponsorship.
4.Categories Exempt from this Agreement.
(a)Agency shall not be entitled to compensation in connection with the following sponsorships:
(list preexisting sponsors exempt front this Agreement, i.e. McDonald's).
.
Page 2 of 4
i
i
(b)Agency shall not solicit any(list categories of products that would he unacceptable to
Owner).
5.Miscellaneous.
(a) Confidentiality, The parties hereto agree to maintain in confidence the terms and conditions
of this Agreement except to the extent that a proposed disclosure of any specific terms or
conditions hereof by either party is authorized in advance by the other party.
(b) Invalidity. The determination that any provision of this Agreement is invalid or unenforceable
shall not invalidate this Agreement,all of said provisions being inserted conditionally on their
being considered legally valid,and this Agreement shall be construed and performed in all
respects as if such invalid or unenforceable provision(s)were omitted,
(c)Non-Assignment, Neither party shall assign this Agreement without the prior written approval
of the other party,
(d)Binding Agreement. This Agreement shall be binding upon the parties,their successors and
{ assigns.
(e)No Join1 Venture or Partnership.This Agreement shall not be deemed to create a joint
venture,partnership,principal-agent,employer-employee or similar relationship between Owner
and Agency.
(0 Governing Law. This Agreement is subject to and shall be construed in accordance with the
laws of the State of Illinois,except for choice of law provisions. Agency and Owner both consent
to jurisdiction in the state and federal courts located in Illinois and hereby waive personal
service.
(g)Entire Agreement. This Agreement represents the entire agreement between the parties and
supersedes all other agreements,if any,express or implied,whether written or oral.Neither party
has made and makes no representation of any kind except those specifically set forth herein.
(h)Notices. Notices by any party to the other hereunder shall be given by certified or registered
mail,return receipt requested, or by fax or by personal delivery,all prepaid, All statements,
payments and notices shall be given at the respective addresses of Agency and Owner hereunder
as set forth in the first page of this Agreement unless written notice of change of address is given
pursuant to the terms of this paragraph.Notice shall be deemed effective forty-eight(48)hours
after posting of mailed notices and sending of faxes or upon hand delivery thereof,except that
notices of change of address shall be effective when received.
If this accurately sets forth our Agreement,please sign below and return a copy to us,
Very truly yours,
Page 3 of 4
ti
1
Agency
r �
By: c/
Agreed and Accepte
This_gu'day of ri ,20/11
r'S '
ii
iY
fi
Event Owner
By, aft, ,
3 {
{
{
,{F
� k
Page 4 of 4