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HomeMy WebLinkAbout15-0918 311 Mobile App Video AGREEMENT THIS AGREEMENT is made and entered into this 18 day of September, 2014, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and Matthew Eickhoff(hereinafter referred to as"VIDEOGRAPHER"). WHEREAS, the CITY desires to engage the VIDEOGRAPHER to furnish certain services in connection with the 311 Mobile App Video (hereinafter referred to as the "PROJECT");and WHEREAS, the VIDEOGRAPHER represents that it has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the VIDEOGRAPHER that the CITY does hereby retain the VIDEOGRAPHER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Management Analyst of the CITY,herein after referred to as the"ANALYST". B. The VIDEOGRAPHER will design, direct, edit and produce a thirty-second video and a one to three minute video for marketing and outreach use by the city of Elgin. C. A detailed Scope of Services is attached hereto as Attachment A. 2. $CHEDUL1 The VIDEOGRAPHER shall complete the services to be provided pursuant to this Agreement according to the project schedule attached hereto as Attachment B. Deviations from the schedule will be communicated in writing between the VIDEOGRAPHER and ANALYST. 3. WORK PRODUCT All work product prepared by the VIDEOGRAPHER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the ANALYST;provided,however,that the VIDEOGRAPHER may retain copies of such work product for its records. VIDEOGRAPHER's execution of this Agreement shall constitute VIDEOGRAPHER's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the VIDEOGRAPHER to the CITY of all such work product prepared by the VIDEOGRAPHER pursuant to this Agreement. The CITY shall have the right either on its own or through such other VIDEOGRAPHERs as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the VIDEOGRAPHER. 4. PAYMENTS TO THE VIDEOGRAPHER A. For services provided the VIDEOGRAPHER shall be paid the total fee of$4,050 (Attachment C), with an initial deposit of $900, regardless of the actual costs incurred by the VIDEOGRAPHER unless substantial modifications to the scope of the work are authorized in writing by the ANALYST and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subcontractors, the CITY shall pay the VIDEOGRAPHER the invoiced fee to the VIDEOGRAPHER. C. The CITY shall make payments to the VIDEOGRAPHER based upon actual progress within thirty (30) days after receipt and approval of invoice. Full payments for each task shall not be made until the task is completed and accepted by the ANALYST. 5. INVOICES A. The VIDEOGRAPHER shall submit invoices in a format approved by the CITY. B. The VIDEOGRAPHER shall maintain records showing actual time devoted and cost incurred. The VIDEOGRAPHER shall permit the authorized representative of the CITY to inspect and audit all data and records of the VIDEOGRAPHER for work done under this Agreement. The VIDEOGRAPHER shall make these records available at reasonable times during the Agreement period and for one(1) year after termination of this Agreement. 6. TERMINATION OF AGREEMENT 2 Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the VIDEOGRAPHER. In the event that this Agreement is so terminated, the VIDEOGRAPHER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the VIDEOGRAPHER is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the VIDEOGRAPHER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claim which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. 8. NOTICE OF CLAIM If the VIDEOGRAPHER wishes to make a claim for additional compensation as a result of action taken by the CITY, the VIDEOGRAPHER shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the VIDEOGRAPHER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the VIDEOGRAPHER. Regardless of the decision of the ANALYST relative to a claim submitted by the VIDEOGRAPHER, all work required under this Agreement as determined by the ANALYST shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the VIDEOGRAPHER pursuant to Paragraph 4 hereof, no action shall be commenced by the VIDEOGRAPHER against the CITY for monetary damages. VIDEOGRAPHER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to,the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et • 3 To the fullest extent permitted by law, VIDEOGRAPHER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including, but not limited to, workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the VIDEOGRAPHER in connection herewith, including negligence or omissions of employees or agents of the VIDEOGRAPHER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, ANALYST, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE The VIDEOGRAPHER must provide the City Manager's Office with a certificate or bond of general liability insurance naming the city as additional insured with limits of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage and with a general aggregate limit of not less than two million dollars ($2,000,000). Such insurance shall be primary and noncontributory to any insurance carried by the city and the insurance shall not be terminated or cancelled for any reason without thirty (30) days advance written notice to the city. 13. INTENTIONALLY OMITTED. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of 4 Z age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part,of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the VIDEOGRAPHER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the VIDEOGRAPHER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS 5 The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,Illinois. 22. NEWS RELEASES The VIDEOGRAPHER may not issue any news releases without prior approval from the ANALYST, nor will the VIDEOGRAPHER make public proposals developed under this Agreement without prior written approval from the ANALYST prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONTRACTORS The VIDEOGRAPHER shall cooperate with any other CONTRACTORSs in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The VIDEOGRAPHER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5133E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT 6 As a condition of this Agreement, the VIDEOGRAPHER shall have written sexual harassment policies that include,at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by VIDEOGRAPHER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. INTENTIONALLY OMITTED., 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the VIDEOGRAPHER to the ANALYST and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The ANALYST may also require other recommendations and communications by the VIDEOGRAPHER be made or confirmed in writing. 28. NOTICES, All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to the CITY: Laura Valdez-Wilson Management Analyst City of Elgin 7 150 Dexter Court Elgin,Illinois 60120-5555 B. As to the VIDEOGRAPHER: Matthew Eickhoff 7229 Mabels Way Loves Park,Illinois 61111 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the VIDEOGRAPHER shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, VIDEOGRAPHER hereby certifies, represents and warrants to the CITY that all VIDEOGRAPHER's employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. VIDEOGRAPHER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the VIDEOGRAPHER to determine VIDEOGRAPHER's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the VIDEOGRAPHER shall make available to the CITY the VIDEOGRAPHER's relevant records at no cost to the CITY. VIDEOGRAPHER shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELGIN: '% z‘egi//7 By: %/ ' r CI��� Sean Stegall, City Man er Attest: L�Lltietec_l frzei 8 City Clerk VIDEOGRAPHER: C By: Iii,‘ ic-4 Name/Print: FAQ` 'C`r-ti14jfr Title: J.0 EOto+Q-AP■ e2 9 ATTACHMENT A SCOPE OF SERVICES 311 Mobile App Video Description: As part of Elgin's 311 initiative to "connect the right people, at the right time, to the right information," the city is creating a mobile app to allow residents to connect faster to their community and to their local government. The 311 mobile app will provide another, more convenient engagement channel for people to conduct business, as well as search, obtain and share information about and with their community. Two videos will be used to promote the mobile app and its features. The services required include gathering of all photography and graphics, audio narration or interviews, working with staff to develop scripts, animation development, shooting of video on-site, and editing of video to include music,narration, video footage and graphics.At least 5-7 people from the community for the video, with additional community members cast as extras. We will shot at various locations throughout Elgin. Audience: For the purpose of these initial videos,the primary focus is on Elgin residents looking to better connect with their community by learning what are happening in public safety, transportation, entertainment, businesses, neighborhoods, education, arts and culture, and any other item that's of interest on a particular day. The secondary focus of the video should be on those who need to connect the city faster,whether it's seeking commonly requested information, asking a question, or submitting a service request. Length: There are a total of two videos. One video will be a 30-second teaser trailer and the other will be a 1-3 minute video. Theme/Message: City of Elgin staff will work with Matthew Eickhoff to develop a storyboard and a script for the interview. Delivery Media: The video(s)would be posted online on various websites and social media sites including YouTube and Facebook. Compatibility with Windows based and Mac based computers is necessary. The videos would run on television(the city's local access channel 17).The video will also be used internally. Time Frame/Deadlines: September 18-October 1,2014: Design and approval of storyboard and script for 30-second teaser video and 1-3 minute video. Obtain all graphics and logos from city staff. October 3,2014: Filming and interviews in Elgin for videos TBA:Additional filming date if necessary October 4—November 14,2014: Editing and final production 10 ATTACHMENT B PROJECT SCHEDULE September 18-October 1,2014: Design and approval of storyboard and script for 30-second teaser video and 1-3 minute video October 3,2014: Filming and interviews in Elgin for videos TBA:Additional filming date if necessary October 4—November 14,2014: Editing and final production 11 MATT EICKHOFF QUOTE Attention:Laura Wilson Management Analyst Date:08/17/14 815-21809882 elckholl.matt®gmail.com Project Title:Elgin 311 Promo 7229 Mabels Way Projacl Descnption:A 30sec teaser and 1-3min promotional video 1a Elgin 311 Loves Park,IL Mobile App 81111 Description Quantity Unit Price Cost Pre-Production(Storyboard,Equipment,Crew) 1 $ 150 $ 150 Production(Equipment,Fimirg,Audio,Crew) 3(Days) $ 800 S 2,400 Post-Production(Edit/Color/Graphics,Music) 1 $ 1,500 $ 1,500 Subtotal $ 4,050 Tax $ 0 Total $ 4,050 Thank You, Matt Eiickhott 13 •