2018-1206/07/2017
RESOLUTION NO. 2018 -12
A RESOLUTION APPROVING AGREEMENT BETWEEN THE BUFFALO GROVE
LINCOLNSHIRE CHAMBER OF COMMERCE AND THE VILLAGE OF BUFFALO
GROVE REGARDING BUFFALO GROVE DAYS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, in order to coordinate the specific activities for the 2018-2020 Buffalo
Grove Days the Village and the Buffalo Grove Lincolnshire Chamber of Commerce desire to
enter into "Agreement Between The Buffalo Grove Lincolnshire Chamber of Commerce and the
Village of Buffalo Grove Regarding Buffalo Grove Days" (Exhibit A hereto).
NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS, that the Village President and Village Clerk are hereby
authorized and directed to execute the attached "Agreement Between the Buffalo Grove
Lincolnshire Chamber of Commerce and the Village of Buffalo Grove Regarding Buffalo Grove
Days" (Exhibit A hereto).
AYES: 6 — Berman Stein, Ottenheimer, Weidenfeld Johnson Smith
NAYS: 0 - None
ABSENT: 0 - None
PASSED: June 18, 2018
APPROVED: June -18_,r 2018
Beverly Sussman, i lage President
ATTEST:
Janet . Sirabiar, Village Clerk
Exhibit A
AN AGREEMENT BETWEEN
BUFFALO GROVE LINCOLNSIDRE CHAMBER OF COMMERCE
AND THE VILLAGE OF BUFFALO GROVE
REGARDING BUFFALO GROVE DAYS
This Agreement is between the Village of Buffalo Grove ("Village") and the Buffalo Grove
Lincolnshire Chamber of Commerce ("Chamber") relating to the coordination of specific
activities for Buffalo Grove Days.
The Village and the Chamber in consideration of the following do hereby agree as follows:
Term
The term of this Agreement shall be for three (3) Buffalo Grove Days events to take place in
2018, 2019, and 2020 (the "Term").
Buffalo Grove Days
Buffalo Grove Days is a community event planned annually each year over the Labor Day
weekend ('Buffalo Grove Days"), sponsored and presented by the Village of Buffalo Grove, an
Illinois municipal corporation ("Village"). The Village designates the responsibility for the
promotion and execution of the following events at Buffalo Grove Days exclusively to the
Chamber:
1) Alcoholic Beverage Sales
2) Business Fair
Licenses
The Chamber shall be the sole operator of any tent, booth or location selling and/or serving
alcoholic beverages during Buffalo Grove Days during the Term, and shall assume all risk and
liability for same. The Chamber shall obtain, at its own expense, all licenses and permits to sell
alcoholic beverages. The Village agrees to reasonably approve any Chamber application for the
sale of alcoholic beverages at Buffalo Grove Days during the term. The Chamber shall
coordinate with the Buffalo Grove Days Committee, Office of the Village Manager, Public
Works, Buffalo Grove Park District and the Police Department in the execution of the above
referenced events. The main point of contact for the Chamber with the Village will be the Event
Manager and all direction from the Village to the Chamber shall be directed from the Event
Manager. The Village shall prohibit any other purveyor of food and/or beverages during the
Term from the sale of alcoholic beverages.
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Business Fair
The Village will provide tents/chairs/tables for the business fair. The Chamber must notify the
Event Manager in writing of the quantities needed no later than August 1 to ensure availability.
The Chamber will reimburse the Village the cost of providing the tent/tables/chairs . That cost of
such tents/chairs/tables will be determined in accordance with the contract the Village has with
the tent provider for Buffalo Grove Days without any mark-up by the Village.
Beer Tent
1) The Village shall provide to the Chamber and pay for the tents/tables/chairs necessary to
execute the alcoholic beverage sales. The Chamber shall be allowed to continue the current
practice of obtaining sponsorship for the cups, wristbands, and tickets related to the sale of
alcoholic beverages during the Term. All other sponsorships need to be reasonably approved
by the Village to ensure that there is no conflict with overall event management. The
Chamber shall not obtain sponsorships for anything the Village is responsible for procuring.
For the purposes of this Agreement, sponsorships are considered revenue received by the
Chamber for the operation of the beer tent. Should any expense or cost for the operation of
the beer tent be sponsored directly then the cost of said item shall not be subject to
reimbursement by the Village. If at any time, the Buffalo Grove Lincolnshire Chamber of
Commerce is able to obtain sponsorship in excess of the costs associated with beer tent
operations, promotions or other directly attributable costs, the Chamber shall have the right
to retain up to $4,000 in sponsorship funds not subject to division. All sponsorship funds in
excess of $4,000 shall be divided with the Village of Buffalo Grove in the manner set forth
herein.
2) Within 60 days of the close of each event during the Term, the Chamber shall pay to the
Village a fee collected from the sale of all alcoholic beverages. The fee will be 50% of the
net revenue the Chamber receives as a part of ruining the beer tent or $3,000, whichever is
greater. Net revenue will be defined as revenues that come in as a result of running the beer
tent less expenses the Chamber incurs for the operating of the beer tent. Revenues include,
but are not limited to, all beverage sales and sponsorship. Expenses include, but are not
limited to, the purchase of alcoholic beverages for the tent, cups, wristbands, marketing,
tickets, etc. Expenses do not include staff time or Chamber volunteers, but shall include any
charge of the alcoholic beverage provider' to the Chamber for distribution of alcoholic
beverages.
3) The payment to the Village shall include a detailed spreadsheet that outlines all of the
expenses and revenues for the alcoholic beverage sales and the source of those expenses and
revenues.
4) The Buffalo Grove Lincolnshire Chamber of Commerce has the right to offer for sale, at the
Beer Tent, memberships, shirts, or other merchandise and any profit from these sales are not
subject to division but, at no time, should the main purpose of the Chamber's Beer Tent
deviate from beer sales. At no time shall the Chamber seek sponsorship for any of the items
sold by the Chamber at the beer tent. Discounts or other arrangements with members to
provide items for sale at a discounted price shall be allowed.
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Buffalo Grove Days Committee
The Village President, subject to the concurrence of the Village Board, shall annually appoint a
representative of the Chamber to serve on the Buffalo Grove Days Committee, with all voting
rights and benefits attendant thereto. The Chamber shall coordinate with the Buffalo Grove Days
Committee, and the Buffalo Grove Days Event Manager for execution of the above events.
Payment Due
All accounts payable and sums being due to the Village from the Chamber of Commerce
pertaining to the amounts due from the Chamber to the Village shall be due and payable within
60 calendar days after the event. A fee of nine percent (9%) simple interest (0.75% per month)
shall be applied to all balances due and remaining in excess of 90 days, per Village policy.
Audit
The Village may annually audit beer tent expenses and revenues.
Insurance
The Chamber shall procure Dram Shop liability insurance coverage during Buffalo Grove Days
at all times when alcoholic beverages are served or stored on the Buffalo Grove Days site. The
Village of Buffalo Grove and Buffalo Grove Park District shall be named as an additional
insured on the Dram Shop liability coverage.
Indemnification
To the fullest extent permitted by law, the Chamber hereby agrees to defend, indemnify and hold
harmless the Village, its officials, agents and employees against all injuries, deaths, loss,
damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in
anywise accrue against the Village, its officials, agents and employees arising in whole or in part
or in consequence of the performance of this work by the Chamber, its employees, or
subcontractors, or which may in anywise result therefore, except that arising out of the sole legal
cause of the Village, its agents or employees, the Chamber shall, at its own expense, appear,
defend and pay all charges of attorneys and all costs and other expenses arising therefore or
incurred in connections therewith, and, if any judgment shall be rendered against the Village, its
officials, agents and employees in any such action, the Chamber shall, at its own expense, satisfy
and discharge the same. Chamber expressly understands and agrees that any performance bond
or insurance policies required by this contract, or otherwise provided by the Chamber, shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the Village, its
officials, agents and employees as herein provided.
Miscellaneous
This Agreement may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall be deemed to be one and the same agreement. A signed copy of
this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
This Agreement shall be governed by and construed in accordance with the internal laws of the
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State of Illinois without giving effect to any choice orconflict of law provision or rule (whether
of the State of Illinois or any other jurisdiction) .
This Agreement may only be amended, modified or supplemented by an agreement in writing
signed by each party hereto.
All notices, requests, consents, claims, demands, waivers and other communications hereunder
shall be in writing and shall be deemed to have been given (a) when delivered by hand (with
written confirmation of receipt); (b) when received by the addressee if sent by a nationally
recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a
PDF document (with confirmation of transmission) if sent during normal business hours of the
recipient, and on the next business day if sent after normal business hours of the recipient; or
(d)on the third day after the date mailed, by certified or registered mail, return receipt requested,
postage prepaid. Such communications must be sent to the respective parties at the addresses set
forth below the parties' respective signatures.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and
their respective successors and permitted assigns. Neither party may assign its rights or
obligations hereunder without the prior written consent of the other party, which consent shall
not be unreasonably withheld or delayed. No assignment shall relieve the assigning party of any
of its obligations hereunder.
Village of Buffalo Grove
By: &ALf 4 A pl� 04aA.&4
Beverly Sussman, Village President
Village of Buffalo. Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
Date: �t,clu oi0l
Chamber of Commerce
LO
Larry Wankovsk'y, President
Buffalo Grove Lincolnshire Chambe Commerce
50 YzRaupp Boulevard
Buffalo Grove, Illinois 60089
Date: AY Z'% g2o l
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