HomeMy WebLinkAboutR-2012-035 Eventpros, Inc. Agreement RESOLUTION NO. R-2012-035
A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH
EVENTPROS, INC. FOR EVENT PLANNING AND MANAGEMENT SERVICES
WHEREAS, the City of Riverside, Missouri ("City") is planning a summer event
series; and
WHEREAS, the City has negotiated with EventPros, Inc. to manage the summer
event series; and
WHEREAS, the Board of Aldermen find it to be in the best interest of the City to
enter into an agreement with EventPros, Inc. in substantially the same form as attached
hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Aldermen of the City of
Riverside, Missouri, as follows:
THAT the Agreement between the City and EventPros, Inc., in substantially the
same form as attached hereto as Exhibit "A", is hereby authorized and approved;
FURTHER THAT the execution and delivery of the Agreement by the Mayor is
approved, and the City Administrator and City staff are authorized to take such other
reasonably necessary to carry out the intent of this Agreement on behalf of the City.
PASSED AND ADOPTED by the Board of Aldermen and A PROVED by the
Mayor of the City of Riverside, Missouri, the�0'`-�ay of �' , 2012.
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Mayor Kathleen L. Rose
ATTEST: Approved as to Form:
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Robin Littrell, ity Clerk r'
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om� on, City Attorney
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AGENDA DATE; 2012-03-20
TO: Mayor and Board of Aldermen
FROM: Meredith Hauck, Director of Community Relations
RE: Event Management — City Summer Event Series
In Fall 2011, the Board of Aldermen and Tourism Commission gave staff the direction to move forward with
planning a summer event series for the City, instead of a single summer festival. Although this direction will
better meet the City's tourism goals, planning multiple events will also require significantly more staff time to
be dedicated to the program than in past years.
After a preliminary discussion with Mr. Blackburn and agreement from the Board of Aldermen, staff started
exploring the option of partnering with an event management company to manage the summer event series.
Per section 125.160 of the City's Procurement Policy, professional services are exempt from the competitive
bidding process. However, staff did meet with three event management companies — EventPros, 0'Neiil
Communications, and Epic Entertainment to discuss event management contracts and their qualifications.
5ince contract price is based off the type of event, event duration, and other details, staff elected to move
forward with EventPros based on reference checks, general price range for such services, knowledge of the
Northland, and experience planning similar events to start developing a general concept for the events and
determine pricing.
Event Pros submitted a proposal to the City for two summer events. Each event will be one day and the
combined budget for both events will be $50,000. EventPros fee for event management services will be �
$5,000 per event, or $10,000 for the total contract. The following services would be provided:
- Budget preparation and management
- Develop marketing strategy
- Identify and recruit corporate assistance
- Negotiate contracts for talent and entertainment (Riverside would have finai approval)
- Secure all necessary permits
- Provide on-site staff at each event and handle venue logistics
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At the February 13 Tourism Commission meeting, the Commission approved the budget for this event series '
and recommended that the City move forward with an event management company. Based on the above
work, staff recommends moving forward with a contract with EventPros for the Summer 2012 event series.
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AGREEMENT
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"I'HIS AGREEMENT is made as of the .�� �"day of � e )C��c , 2012 between the City of
Riverside, Missouri, a municipal corporation (hereinafter referred to as the "City") and EventPros, Inc., a
Missouri carporation, (hereinafter referced to as the "Event Planner") at times referred to as "The Parties".
RECITALS
VVNEREAS, the City is planning a 2012 Summer event entertainment series (the "EvenY' or
"Events"), consisting of two (2) events.
WHEREAS, City seeks to hire the Event Planner to assist the City in the planning and
implementation of the Event.
NOW THEREFORE in consideration of the mutual covenants and agreements contained herein,
the receipt and adequacy of which is hereby acknowledged, the City and the Event Planner agree as
fol lows:
1.1 The Event Planner shall provide event planning and management services for the [:vents, each
Event is described as follows:
Name of Each Event: Family Fun Fest; Battle of the Bands
Dates: July and August, 2012
Place: City of Riverside, Missouri
Type of Function: Entertainment
1.2 The Event Planner will be responsible for the following:
A. Attend and participate in such meetings and conferences with the City and any other
�overnment�ll, quasi-governmeutal, or civic groups as are necessary for developing and
implementing each Even�
B. Prepare a budgct for each Event;
C. Develop a marketing strategy for each Event;
D. Identify and rec;ruit corporate assistance for each Event;
E. Negotiate contracts for any special Calent or entertainment to perform at each Event (subject
to final approval and execuLion by the City);
F. Sccure all necessary permits, licenses, and approval for each Event; and
G. Provide on-site staff at each Event and handle all venue logistics for each Event.
13 "1'he Event Planner agrees to use the City's name, logo ar trldemark in any material used by the
Event Planner in promotion of the Event, including but not limited to any public announcements in
newspapers, magazines, billboards, tickets or television or radio announcements. The Event Planner
further agrees to only use the City's name, logo or trademark in connection �vith the Event and for no
other purpose or purposes without the prior written consent of the City.
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1.4 The City agrees to use the Event Ylanner's name, logo or trademark to provide recognition of the
Event Planner as the planner of the Event.
1.5 Any promotional material used by the Event Planner will be pre-approved by the City at prior to
the distribution of such promotional material by the Gvent Planner.
1.6 The Parties acknowledge that the Fvent Planner is an independent contractor with respect to the
City and has no authority or power to incur debts, obligations or commitments of any kind whatsoever Por
or on behalf of the City, or to bind the Ciry to any co��tract, agreement or employment agreement.
1.7 The Event Planner acknowledges that any person or persons retained by the Event Planner to
work on or at the Event, will be employees of the Event Planner and the Event Planner will be solely
responsible for any and all salary, wages, insurance and other benefits to which such employee(s) would
be entitled under applicable laws, including but not limited to worker's compensation insurance,
employment taxes and other deductions as may be required under law.
1.8 The Event Planner and the City will develop a written plan ("Plan") of how the Event is to be
implemented including, but not limited to, a full dcscription of the entertainment to be provided, food to
be served, how the Event site is to be arranged, decorated, and set up, and any matters that the Parties
deem relevant for the Event. The Parties shall both approve the Plan. "Che City shall not make changes to
the Plan without notice to the Event Planner. The Event Planner shall not make any changes to the Plan
without the approval of the City.
1.9 The I;vent Planner shall be entitled to include at the Event site, and on any adverlisement or
promotional material rclated to an Lvent, a statement that the Event has been produced by EventPros, [nc.
or similar language.
2.1 City shall pay the Event Planner for the Services rendered as follows: 2 000.00 per month from
the beginning of April, 2012 through August, 2012, for a total of $10,000.00.
2? The Event Planner will provide detailed invoices to the City for the Services performed, setting
forth time spent on an Event and work performed. The City shall reimburse the Event Planner for out-of-
pocket expenses not exceeding $1,500 rotal. Expenses above this amount must be pre-approved by the
City,
2.3 The City will be responsible for payment to all vendors providing services or materials to or for
each Event, including those providing entertainment, equipment, and/or facilities in conjunction with each
Event.
3.1 The Event Planner agrees to provide and maintain commercial general liability insurance in the
minimum amount of $1,000,000 with the City listed as an additional insured, and further agrees to
provide to City a Certificate of Insurance upon request. The policy shall not be cancelled, or materially
modified so as to be out of compliance with the requirements of this section, or not renewed without
thirty (30) days advance written notice of such event being given to the City. Additionally, the Event
Planner agrees to providc and maintain Commercial Automobile Liability (combined single limit of
$500,000).
3.2 Pursuant to RSMo 285.530(1), by its sworn affidavit in accordance with the attached e�chibit, the
Event Planner hereby affirms its enrollment and participation in a federal work authorization program
with respect to the employees working in connection with the contracted services. Furthermore, the
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Event Planner affirms that it does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services.
3.3 The City may terminate tl�is Agreement �vith or without cause upon seven (7) days' notice to the
Event Planner, in which case the F,vent Planner shall be entitled to compensation for services performed
and costs incurred up to the term ination date, and none other.
3.4 In the event thal either Party defaults in its performance under thc terms of the Agreement, the
non-defaulting party shall be entitled to all remedies to which it is entitled in law or equity.
3.5 The Parties shall be excused from performance if the Event is canceled due in whole or in part to
any cause beyond their reasona6le control, including but not limited to, action or inaction of any
government, war, civil disturbance, insurcection, sabotage, act of public enemy, labor strike,
accident, fire, flood, storm or other act of God.
3.6 The Parties agree that this Agreement shall be binding upon each of its successors and assigns
and that this Agreement may not be assigned to a third party, without the written consent of the City.
3.7 The Event Planner agrees not to disclose any confidential information received from the City or
otherwise acquired while performing the services. Confidential information is information that would
constitute a closed record under Missouri's Sunshine Law, Chapter 610.
3.8 No modification, supplement, termination, or amendment to tivs Agreement may be made unless
agreed to by the Parties in writing.
39 Any notice required or permitted to be given hereunder may be effectively given by letter delivered
either by personal delivery, registered mail or by electronic means, addressed to the recipient as follows:
In the case of the City:
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in the case of the Event Planner:
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3.10 Any party which is entitled to the benefits of this Ageement may, and has the right to, waive any term
or condition hereof at any time on or prior to the time when such term or condition is required to be fulfilled
under this Agreecnent; provided, however, that such waiver shall be evidenced by written instrument duly
executed on behalf of such party. The waiver by a party of any tern� or condition hereof shall not operate as a
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waiver of that party's rights under this Agreement in respect of any other term and condition (whether of the
same or any other nature).
3.11 This Agreement shall be governed by and construed in accordance with the laws of the State of
Missouri, and venue shall bc in Platte County, Missouri.
3.12 To the exte�rt that any provision hereof is deemed unenforceable, all remaining provisions of this
Agreement shall not be affected thereby and shall remain in full force and effect.
3.13 This Ageement shall constitute the entire a� between the City and the Event Planner and will
supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and
understandings, whether oral or written, espress or implied, wid� respect to the subject matter hereof .'I'he City
and the I:vent Planner shall not be bound or charged with any oral or written agreements, representations,
warranties, statements, promises, information, arrangements or underslandings not specifically set forth in this
Agreement.
3.14 This Agreement shall not be dcemed to create any third pariy benefit hereunder for any member of the
public or to authorize any one, not a p�rty hereto, to maintain suit pursuant to the tern�s of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and
year first written above.
City of Riverside, Missouri
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Work Authorization Affidavit
S7'A7'E OF MISSOURI )
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COUNTY OF ���� )
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person perfonning work or service of any kind or character for hire within the State
of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland Security or an equivalent
federal work authorization program operated by the United States Department of Homeland Security to
verify information of newly hired employees, under the Immigration Refornl and Control Act of 1986
(IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conduct or
to attendant circumstances when the person is aware of the nature of the person's conduct or that those
circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that
the person's conduct is practically certain to cause that result.
LJNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal
law to work iu the United States, as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME, the undersigned authority, personally appeared ������ , who, being duly
sworn, states on his oath or affirmation as follows:
l. My n me is �►�� ���u.� _ and 1 am currently the �'e c�° � of
f',ix.�' I/L S,��. (hereinafter "Contractor"), whose business address is
'�lo� /�..ff�,,,,� , and I am authorized to make this A�davit.
Z. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts
stated lierein.
3. Contractor is enrolled in and participates in a federal work authorization pr_ with respect to the
employees �vorking in connection with the ,�-�-'/�- S�u,w,L— C�.�� �r�- } Project ("contracted
services") contracted between Contractor and Riverside, Missouri.
4. Contractor does not know'ngly employ any pe�son who is an unauthorized alien in connection with the
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, Affiant / ontractor Printed Name
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Subscribed and sworn to before me this � day of , 2 12.
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