Loading...
HomeMy WebLinkAbout00-5 Resolution No . 00-5 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WESTERN ILLINOIS UNIVERSITY TO TALLY AND ANALYZE THE PARKS MASTER PLAN COMMUNITY SURVEY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Western Illinois University to tally and analyze the Parks and Recreation Department Master Plan Community Survey, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: January 12 , 2000 Adopted: January 12 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 12th day of January, 2000, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and the Board of Trustees of Western Illinois University, an institution of higher education(hereinafter referred to as "CONTRACTOR"). WHEREAS, the CITY desires to engage the CONTRACTOR to furnish certain professional services in connection with the tallying and analysis of the City Parks and Recreation Community Sampling Survey(hereinafter referred to as the "PROJECT"). I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR". B. The services to be provided by the CONTRACTOR are as follows: 1. Enter all data from surveys. 2. Translate Hispanic surveys returned and enter data. 3. Perform all data analysis. 4. Prepare written final report. 5. Present finding to DIRECTOR. 6. Provide 25 hard copies of final written report. 7. Provide report on disk compatible to Microsoft Word or Corel WordPerfect formats. C. The CITY shall be responsible for the following: 1. Development, printing, mailing and collection of community random sample. 2. Delivery of returned/completed surveys to CONTRACTOR. H. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: January 17, 2000 Notification to commence project Delivery of surveys to University February 15, 2000 Deadline for presentation of written report to DIRECTOR 1 III. WORK PRODUCTS All work products prepared by the CONTRACTOR pursuant hereto including, but not limited to, reports, 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 DIRECTOR provided, however, that the CONTRACTOR may retain copies of such work products for its records. Such work products are 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 CONTRACTOR. IV. PAYMENTS TO THE CONSULTANT(Lump Sum Method) A. The CITY shall pay the CONTRACTOR for services under this Agreement a lump sum of Six Thousand Dollars, regardless of actual Costs incurred by the CONTRACTOR unless SUBSTANTIAL modifications to the project are authorized in writing by the CITY. B. The CITY shall make a lump sum payment to the CONTRACTOR at the conclusion of the project,within 30 days after receipt and approval of invoice. C. The CITY shall make payment to Western Illinois University and shall be mailed to: Att: Ms. Pamela Powell Grants and Contracts Accounting Western Illinois University One University Circle Macomb, Illinois 61455 V. INVOICES A. The CONTRACTOR shall submit an invoice in a format approved by the CITY. B. The CONTRACTOR shall maintain records showing actual time devoted and cost incurred. The CONTRACTOR shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONTRACTOR for work done under this Agreement. The CONTRACTOR shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen(15) days prior written notice to the CONTRACTOR. In the event that this Agreement is so terminated, the CONTRACTOR 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 IV above. 2 VII. TERM This Agreement shall become effective as of January 17, 2000; the date the CONTRACTOR shall be given a written Notice to Proceed and, nnless terminated for cause or pursuant to Article VI foregoing, shall expire on February 15, 2000; the date that all of the CONTRACTOR's work under this Agreement shall be completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any breach hereof by the CONTRACTOR. VIII. NOTICE OF CLAIM If the CONTRACTOR wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONTRACTOR shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONTRACTOR's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONTRACTOR. IX 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. X. NO PERSONAL LIABILITY No official, director, 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. XI. 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. 3 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. XII. 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. XIII. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONTRACTOR shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the CONTRACTOR would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XIV. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners between the CITY and the CONTRACTOR, or as constituting the CONTRACTOR as the general representative or general agent of the CITY for any purpose whatsoever. XV. 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. XVI. HEADINGS 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. 4 XVII. 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. XVIII. 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 all disputes, controversies or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. LXX. NEWS RELEASES The CONTRACTOR may not issue any news releases without prior approval from the DIRECTOR., nor will the CONTRACTOR make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XX. COOPERATION WITH OTHER CONTRACTORS The CONTRACTOR shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXI. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The CONTRACTOR certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXII. SEXUAL HARASSMENT As a condition of this contract, the CONTRACTOR 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; 5 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 (copy attached). A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257. XXIII. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONTRACTOR to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONTRACTOR be made or confirmed in writing. XXIV.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 CITY: MONICA MEYERS Director of Parks and Recreation City of Elgin 31 South Grove Avenue Elgin, Illinois 60120-5555 Phone: (847) 931-6127 Fax: (847) 931-6144 B. As to CONTRACTOR: NICK DIGRINO Project Director Department of Recreation, Park and Tourism Administration Western Illinois University Currens Hall, 400 Macomb, Illinois 61455 Phone: (309) 298-1967 Fax: (309) 298-2967 6 • IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN ByI�'�u-t9By / l� . �f ,/ 7(©u City Clerk, De ona Mecum c/ M. .:er, Joyce Parker (SEAL) For the CONTRACTOR: Dated this day of , A.D.,1999. ATTEST: WESTERN ILLINOIS UNIVERSITY By By �y�u Secretary Oe esident for Administrave rvices, Jack Thompson (SEAL) 7 H OF — City of Elgin Agenda Item No. (14'4MIN1' ' December 6 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Western Illinois University Agreement to Tally and Analyze Parks and Recreation Department Master Plan Community Survey. PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Council with information to consider entering into an agreement with Western Illinois University to tally and analyze the Parks and Recreation Department Master Plan Community Survey. BACKGROUND (11116' The City Council approved funding in 1999 to hire a consultant to coordinate a master plan for the Parks and Recreation Department . The consultant team of JJR and Williams and Associates recommended a community survey be conducted as part of the public input process . Five agencies were contacted to assist in the tallying and analyzing of the survey data for inclusion in the master plan. These agencies consisted of Universities with parks and recreation departments as well as private companies which specialize in the development and analysis of parks and recreation surveys . Western Illinois University was the only agency positively responding to the phone request for proposals . Western Illinois University' s scope of services will include the following: • Entering all data from surveys • Translate Hispanic surveys returned and enter data • Perform data analysis • Prepare written final report Western Illinois, at no cost to the City, assisted in the development of the survey by reviewing questions and method of administering survey. rft. rWestern Illinois University/Parks Master Plan Survey December 6 , 1999 Page 2 The community survey was mailed to 6, 000 random resident households in November. Western Illinois University anticipates four weeks to tally and analyze the expected 1, 500 - 2 , 000 returned surveys . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board g. FINANCIAL IMPACT Iik, Sufficient funds are available in the 1999 Parks and Recreation Administration Budget, Miscellaneous Services Account, number 010- 5001-761 . 45-99 in the amount of $6 , 000 for this contract . LEGAL IMPACT 14110/1(qone . ALTERNATIVES The alternative is to not enter into an agreement with Western r. Illinois University to tally and analyze the Parks and Recreation Department Master Plan Community Survey. RECOMMENDATION It is recommended that the City Council approve an agreement with Western Illinois University to tally and analyze the Parks and Recreation Master Plan Community Survey at a cost not to exceed $6, 000 . R- pectfully submi ed, a . it 0 J. e A. Parker City Manager rift ___