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HomeMy WebLinkAbout01-110 Resolution No . 01-110 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH VANDEWALLE & ASSOCIATES FOR PREPARATION OF APPLICATION FOR ILLINOIS EPA BROWNFIELDS REDEVELOPMENT GRANT 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 a Professional Services Agreement on behalf of the City of Elgin with Vandewalle & Associates for the preparation of an application for Illinois Environmental Protection Agency Brownfields Redevelopment Grant, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 25, 2001 Adopted: April 25, 2001 Omnibus Vote : Yeas 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk MAR-29-01 THU 09: 18 AM CITY OF ELGIN/CITY MGR. FAX Na 18479315610 P. 02/16 DRAFT 3/28/01 RAGREE/VANDEWALL.DR PROFESSIONAL SERVICES AGREEMENT THI AGREEMENT made and entered into this (.)- day of 2001, by and between the CITY OF ELGIN, ILLINbIS , a municipal corporation (hereinafter referred to as the "City") , and VANDEWALLE & ASSOCIATES, a Wisconsin corporation, authorized to do business in the State of Illinois (hereinafter referred to as "Consultant") . WITNESSETII WHEREAS, the City has determined it to be in its best interest to obtain the assistance of a consultant concerning the preparation and filing of an application to the Illinois Environmental Protection Agency Brownfields Redevelopment Grant Program; and WHEREAS, Consultant is experienced in providing assistance in preparing applications for such grants . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . Scope of Work Consultant shall perform and direct the necessary qualified personnel to perform the services related to the preparation and submittal of a final application for the Illinois Environmental Protection Agency Brownfields Redevelopment Grant Program as set forth in the scope of work dated March 1S , 2001 attached hereto and made a part hereof as Exhibit 1 . Consultant agrees that Joy Stieglitz shall be the person from Consultant ' s staff who is principally responsible for performing Consultant ' s services pursuant to this agreement . All work hereunder shall be performed under the direction of the City Manager of the City and the Director of Economic Development and Business Services of the City. 2 , Schedule and Term Services in this agreement shall commence from the date of execution. Consultant shall render the services in an expeditious fashion. The term of this agreement shall commence from date of execution and shall continue until the Consultant completes the services to be provided hereunder which the parties estimate will require three months . MAK-29-U1 1HU UU: 18 AM UM Uh hLUIN/U11Y MUK. PAX NU. U3/1b 3 . Fees A. Payments for services provided the Consultant shall be reimbursed at the hourly rate of its professional and technical personnel as set forth on Exhibit 2 attached hereto and made a part hereof by this reference, with the total fees and expenses to be paid to Consultant not to exceed $4 , 900 . In the event the project implementation requires additional Consultant staff time than is anticipated in the agreement , such additional services must be approved in advance by the City by way of amendment to this agreement . 8 , Reimbursable Expenses are included in the above not-to-exceed total fee of $4 , 900 . Those reimbursable expenses that are invoiced to Consultant through a third party vendor, and then subsequently invoiced to the City, are subject to a multiple of 1 . 1 and includes such things as printing, reproduction and delivery. Other reimbursables shall be invoiced to the City at cost and include such matters as postage, long distance and travel . C . Consultant shall submit invoices in a format approved by the City. The Consultant will indicate progress on payment requests in the form of itemized work items and funds spent to date_ The Consultant shall maintain records showing actual time devoted and costs incurred. The Consultant shall permit the City to inspect and audit all data and records of the Consultant for work done and expenses incurred pursuant to this agreement . The Consultant shall make these records available at reasonable times during the agreement period, and for a year after termination of this agreement. 4 . Rights in Results of Services The results of Consultant ' s services under this agreement shall be the exclusive property of City, and all documents (including, without limitation, all writings, drawings, blueprints pictures, recordings, computer or machine-readable data, and all copies or reproductions hereof) which describe or relate to the services performed or to be performed pursuant to this agreement or the results thereof , including, without limitation, all notes , data, reports or other information received or generated in the performance of this agreement shall be the exclusive property of City and shall be delivered to City upon request (except for one copy, which may be retained by Consultant for its confidential files) . No articles, papers, treatises, or presentations related to or in any way based upon or associated with the services -2- MAR-29-U1 THU U9:19 AM UM Uh ELJIN/UI Y 11UK. hAX NU. 1841JJ15b1U r U4/lb performed pursuant to this agreement shall be presented or submitted for publication without the prior written consent of City. It is agreed that the results of Consultant ' s services and the work product provided under this Agreement are not intended or represented to be suitable for reuse by the City on any project not contemplated by this Agreement and such reuse shall be without liability to the Consultant . 5 , Other Agreements Consultant warrants that it is not a party to any other existing or previous agreement which would prevent Consultant from entering into this agreement or which would adversely affect Consultant ' s ability to perform services under this agreement . During the term of this agreement, Consultant shall not, without the prior written consent of City, perform services for any persons, firm or corporation other than City if such services could foreseeably lead to a conflict with Consultant ' s obligations under this agreement . 6 . Subcontracting If Consultant intends to hire or retain any person, firm or corporation to perform services under this agreement, Consultant shall first secure the written agreement of such party that such party (1) shall assume and agree to be bound by the same obligations as Consultant has assumed under the provisions of this agreement , and (2) that such party shall not be or act as an agent or employee of City, nor assume or create a commitment or obligation on behalf of nor bind City in any respect whatsoever. Consultant shall provide City with a copy of each such written agreement . Prior to subcontracting, Consultant shall obtain prior written approval of the City for each individual subcontractor. City shall have the right to refuse approval of any subcontractor for any reason. Any fees, payments or other costs associated with any subcontractor or other persons or firm shall be at the sole cost of the Consultant payable from the fees the City is paying to Consultant pursuant to this agreement . 7 . Assignment Neither this agreement nor any of the rights or obligations hereunder may be assigned or otherwise transferred by Consultant, nor shall the benefits of this agreement inure to the benefit of any trustee in bankruptcy, receiver or creditor of either party, except as may be required by law, whether by operation of law or otherwise, without the prior written consent of either -3- MAR-29-01 THU 09: 19 AM CITY OF ELGIN/CITY MGR. FAX NO. 184 931b51U N. Ub/lb party. Any attempt to assign or transfer this agreement or any rights hereunder without such consent shall be null and void and of no force or effect . S . Independent Contractor Consultant is and shall perform its services under this agreement as an independent contractor, and shall not be deemed an agent , employee or legal representative of City. Consultant has no authority to assume or create any commitment or obligation on behalf of or to bind City in any respect whatsoever. 9 , Licenses Consultant shall obtain at its cost any and all licenses required by federal, state, or local statutes, regulations or ordinances necessary for the performance of its services pursuant to this agreement _ 10 . Compliance with Laws Consultant shall at all times impose work orders on its employees and subcontractors which are designed to assure that they comply with all applicable federal, state and local laws and regulations (including, but not limited to, occupational safety and environmental protection statutes and regulations) in performing services hereunder, and shall comply with any directions of governmental agencies and City relating to site safety, security, traffic or other matters . Failure to comply with this section shall constitute a material breach of this agreement , and shall entitle City to terminate this agreement upon ten (10) days written notice without penalty to City. 11 . Indemnification of City Consultant shall hold harmless and indemnify City from and against any and all suits, causes of action, claims for damages, damages and any other liability to the extent caused by the negligent acts of the Consultant, its collaborating firms, its subcontractors or agents or employees of any of them in the performance of this agreement . 12 , Force Ma j eure The Consultant shall not be liable to the city for any failure, delay or interruption of service or for any failure or delay in the performance of any obligation under this agreement due to strike, walkouts, acts of God, governmental restrictions, enemy actions, civil commotion, unavoidable casualty, unavailability of fuel MAR-29-01 THU 09:20 AM CITY OF ELGIN/CITY MGR. FAX Na 18479315610 P. 06/16 or• parts or other similar acts beyond the reasonable control of the Consultant . 13 . Consultant ' s Insurance Consultant shall obtain and maintain the following policies of insurance : ( 1) Worker' s compensation insurance in amounts required under the laws of the State of Wisconsin; (2) Comprehensive general liability for bodily injury, death or loss of or damage to property of third persons in the minimum amount of $1 million per occurrence which policy shall name City as additional insured. Consultant shall furnish to City of Elgin a certified copy of such policies concurrently with the execution of this agreement , (3 ) Professional liability insurance for errors and omissions in the minimum amount of $1 million per occurrence and in aggregate . Consultant shall furnish to the City a Certificate of Insurance as evidence of such policy concurrently with the execution of this agreement . 14 _ Severability The parties intend and agree that if any portion of this agreement , or application thereof to any person or circumstance, shall to any extent be deemed to be invalid, void, or otherwise unenforceable for any reason, the remainder of this agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this agreement shall be valid and shall remain in full force and effect. 15 . Governing Law 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 . 16 . Termination The City may by written notice to the Consultant terminate the whole or any part of this agreement if the Consultant fails to make delivery of the services within the time specified herein or any extension thereof : or if the contractor fails to perform any of the other provisions of the contract, or fails to make progress so as to endanger performance of this agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within ten (10) -5- MAR-29-01 THU 09:20 AM CITY OF ELGIN/CITY MGR. FAX NO. 164 931561U I . Ur/lb days (or such longer period as the City may authorize in writing) after receipt of notice from the City specifying such failure . Notwithstanding any other provision hereof, the City may also terminate this agreement at any time upon fifteen (15) days prior written notice to the Consultant . In the event that this agreement is so terminated, the Consultant shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that payment and reimbursement shall not exceed the total amount set forth under Paragraph 3 above. 17 . Additional Provisions This agreement includes those additional provisions contained in Exhibits 3 , 4 and 5 relating to Consultant ' s certifications, affirmative action information, equal employment commitment guidelines and sexual harassment policy. 18 . News Releases The Consultant may not issue any news releases without prior approval from the City, nor will the Consultant make public proposals developed under this agreement without prior written approval from the City prior to said documentation becoming matters of public record. 19 . Entire Agreement This agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreements, whether oral or written, between the parties hereto with respect to such subject matter, and no additions to or modifications of this agreement or waiver of any provisions of this agreement shall be binding on either party unless made in writing and executed by City. 20 . Notices Communication to the Consultant means notice in writing to Wendy Apple, Eusiness Manager, Vandewalle & Associates, 120 E. Lakeside Street, Madison, WI 53715 . Communications to the City means notice to the contracting officer in writing to Raymond Moller, City of Elgin, 150 Dexter Court, Elgin, IL 60120 . 21 . No Personal Liability No officer, director, or employee of the City or of the Consultant shall be personally liable for the fulfillment of the conditions of this agreement . -6- f1HK-n-U1 1HU Uy:Z1 Hf1 U11Y Uh h.Lli1N/UI1Y Ma. hHX NU 1d4(y.i1bb1U Y. 0/1b 22 . Cost and Quantity Opinions Tn providing opinions of probable construction cost , the City understands that the Consultant has no control over the costs or availability of labor, equipment or materials, or over market conditions or the contractor' s method of pricing, and that the Consultant ' s opinions of probable construction costs are made on the basis of the Consultant ' s professional judgment and experience. The Consultant makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant ' s opinions of probable construction cost . 23 . Standards of Care In providing services under this agreement , the Consultant shall endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances . 24 . 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 this agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the agreement by the City. 25 . 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. -7- MAR-29-01 THU 09:21 AM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 09/16 26 . 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 . 27 . 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 . 28 . 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 of in a duly executed amendment hereof, or change order as herein provided. 30 . Cooperation with Other Consultants The Consultant shall cooperate with any other consultants in the City' s employ or any work associated with the Project . 31 . City' s Responsibilities The City agrees to provide the Consultant with all base maps, aerial photographs, studies, reports and ordinances needed to complete the services to be provided by Consultant pursuant to this agreement . In particular, for the Brownfields Redevelopment Grant Application, the City will provide the Consultant with a project boundary map, a map of the census tract in which the subject properties lie, an enterprise zone map that incorporates the subject properties , it applicable, and letters of access to the subject properties if they are privately owned. The City will also provide the Consultant with a project area boundary map, photographs of the project area and maps of enterprise zones and neighborhoods affected by the project . The City will also provide Consultant with letters of agreement or other documentation showing the City has secured the project✓ area sites for the project or has, at a minimum, obtained . a commitment from the appropriate entity to allow access to the site (s) at which the proposed project will occur. The City will also provide the Consultant a contact list -8- MAR-29-01 THU 090 AM CITY OF ELGIN/CITY MGR. FAX Na 18479315610 P. 10/16 • of municipal project managers , kcy staff and other match resources to be involved with the project, such list Co provide sufficient information to allow completion of the Budget Forms A, B and C provided in the Illinois EPA Brownfields Redevelopment Grant Program application package . Ray Moller, the City' s economic development director, will bo the primary contact at the City who will coordinate supplying this information in a timely fashion for the project . If the Consultant is expected to assist with securing these access agreements or producing these materials such services shall be considered additional services which must be approved in advance by the City by way of amendment to this agreement and will be billed on a time and materials basis as agreed to by the parties in any such amendment . The Consultant may reasonably rely on the accuracy and completeness of the materials provided by the City pursuant to this section. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above . CITY F ELGIN VANDEWALLE & ASSOCIATES ByJ J ce &Parker Brian Vandewalle City Manager Owner Attest : City ar;d (/ '� - CSC at 40e -9- MAR-29-01 THU 09:22 AM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 11/16 SCOPE OF WORK - - MARCH 15, 2001 V.\NDF\V.kLEE & _ S.SOCL\TES agrees to provide the following Services: 1 Attend one work session with the City and env rortmental consultant co develop the scope of work for the grant. 2. Perform background research co develop background section of the grant application. 3. Participate in one teleconference or videoconference work session with the environmental consultant to refine their scope of work, which will be articulated in the grant application. 4. Prepare a draft of the grant applicarion including a draft budget and a draft comprehensive scope of work. V--\NDE\V.\LLE & ASSOCL TES shall provide three (3) copies of the draft application for City review and two (2) copies for review by the environmental consultant. 5_ Participate in one (1) teleconference review session of the draft application with the City and environmental consultant. If additional review sessions are requested by the City and more than one set of revisions are subsequently requested, additional charges for this work will be billed on a time and materials basis. 6. Prepare and submit.rhe final grant application incorporating any changes from the teleconference review session wirh City and environmental consultants. V_mNDEW_-\LLE & ASSOC1X ES shall prepare one (1) original version of the final application for the Illinois EPA Brownfield Redevelopment Grant program office, one (1) cop- for the City, and one (I) copy for the City's environmental consultant. Exhibit 1 MAR-29-01 THU 09:23 AM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 12/16 • 0-U-44 rnA u..u� ,�� _ �� .. ,,., • :J PRO)-r.F.SSJONAL AND TZ,:C T J1(./L , 110 URLY R/i T1? Brian Vandewsllc 5200.00 Principal Planner I $125.00 Principal Planner 11 4100.00 Associate Planner I $75,00 Associate Planne.t II $65.00 Asaouare Planner III $55.00 Econonn.ic Development Advisor I 5100.00 Economic Development Advisor TI $75.00 Principal Urban Designer/Architect $100.00 Urban Designer $75.00 Landscape Architect T $75.00 Landscape Architect II $65.00 Project assistant I $50.00 Project Assistant IT $40.00 Project Assistant 111 $30.00 Project Faciliradon 5150.00 Real Estate Development Advisor 5100.00 E.tpc.t Testimony 5175.00 Coti•t Appearances $225.00 • 03/23/01 Page 3 of.3 MRR-29-01 THU 09:23 AM CITY OF ELGIN/CITY MGR, FAX NO, 18479315610 P. 13/16 TAXJCOLLUSIONIDEBARMENT AFFIDAVIT State of V.)ISC.opSlllss. County of ,e f\j 'y , being first duly sworn, deposes and says: That he is _SS of the firm of the party - making the foregoing bid and that the bidder is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5133E-3 or 5133E-4, as amended: and, no collusion or agreement among other bidders or prospective bidders oibidot dxli a eds price or otherwise restrain freedom of competition by agreement has taken place: and, bidder uent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. Signature of Bidder, if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to before me this 30 day of !C� 2007 2001 Signature of Bidder, if a corporation: My commission expires M004 President• ;Q Secretary Exhibit 3 MAR-29-01 THU 09:24 AM CITY OF ELGIN/CITY MGR. FAX NO 18479315610 P, 14/16 Illinois 6ti � City of Elgin, • `-R+rco Equal Employment Written Commitment Guideline The written commiment required in"Item -44 of the Bidder's Employee Utilization Form shall: 1. Set Out the name and phone number of the bidder's Equal Employment Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the area's population and labor force. 3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and female employees. 4. Set out the bidder's specific goals to recruit minorities and females for training programs or other similar opportunities available through the bidder's organization. 5. Indicate bidder's consent to submit to the City of Elgin, upon request, statistical data concerning its employee composition and recruitment efforts anytime dusting the term of the contract. 6. Show bidder's consent to distribute copies of the written commitment to all persons who participate in recruitment, screening, referral, and selection and hiring of job applicants for The bidder. 7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written commitment complying with the above requirements of their affirmative action plan to the City of Elgin. Description of Groups for Classification Purposes White: all persons having origins in Europe, North America, or the Middle Bast Black: all persons having origins in any of the Black racial groups of Africa Hispanic: all persons of Mexican, Puerto Rican, Cuban, Central South American, or other Spanish culture or origin, regardless of race Asian American: all persons having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands American Indian: all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recoznition exhibit 4 1 MAR-29-01 THU 09:24 AM CITY OF ELGIN/CITY MGR. FAX NO. 1847931561U F. lb/lb This report is reeluird by the Cicy of Elgin and must be submitted before the contract can be awarded. Chapter 3. 12. 1000 Af Firmative Action - City Contracts 1. N e and Address of Bidder Description of Project ___tiaa:si,---Loi,. .-ct,.... si- ..._, • -_Y� _ 3-715 inority JOB CATEGORIES Total Whites Blacks Hispanics Asians 2 4 LI, 55.646 44.446 Pacific or m rns� (M �Ft Female Employees All Islanders Categories) M / F M / F M / F . M / F M / F % %Eaamplr.Mar+aurs 18 3 5 3 l (10l1B) (9/18) I V�It� (�`I°�o . • ell •w.Q.r.�-�. ME '� `1 f © 3 NM MI 067., Sec, MEI5 M 33�0 3��a ./.yan I --� U -- MIN � I 1 O /U W CU � Stvte * e� _ � . II _. _ ...._ Ism, [ L 1111 .. , immir TOTALS 314 13 2‘ INIMMII3°?" o2% Signature acute of Company Official Tide Telephone Number Date Signed Page i oE' (Poi 25 -3°�n 3 • � 'oi u3112 �y►ne5s �Wv�d�cQ/1 _ i 2. Have you eye been awarded a bid by the City of Elgin? Yes No 3.. If the answer to question 42 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shows under-utilization of minorities and/or females, please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part_ IA,R. MAR-29-01 THU 09:25 AM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 F. lb/lb • City of Elgin, Illinois f� Sexual Harassment ---, Policies and Programs 4. .94 Every party to any contract with the City of Elgin and every bidder is required to have, and to effectively distribute, written sexual harassment policies that include, at a minimum, the following in.formation: sexual harassment the illegality of sc. ry (I) g (H) the definition of sexual harassment under state law (III) a description of sexual harassment,utilizing examples (IV) the vendor's internal complaint process including penalties (V) the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission (VI) directions on how to contact the department and commission (VIT) protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has.in place sexual harassment policies which include the required information set forth above, and I hereby agree to furnish the City of Elgin -Human Resources Department with a copy of these policies if they so request. Signature/Title - l A Company • \Io— ��.._ - ac. Date 3 • '3'0 • O% • Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances of requests for sexual favors or any conduct of a sexual nature when(1)submission to such conduct is made either explicitly or implicitly a term or condition of an individual 's employment, (2)submission to or rejection of such conduct by and individual is used as a basis for employment decisions affecting such individual,or(3)such conduct has the purpose or effect of substantially interfering with and individual's work performance or creating an intimidating, hostile, or,offensive working environment. liance . Any questions by contracting parties or eli;io� bidder�ucTonnc�e�ou g �espDepartrnentthese (847) requirements should be directed to the CityElgin 931-5618. I hereby agree fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, cost of judgement against it arising from any sexual harassment complaint resulting from the act of any member of my organization in the performance of this contract. Signature/Title � �--' ' --PaL1/4511•11•4—rato0 Company Date , °k Exhibit 5 Loni Mecum - Re: Agreement wNandewalle re Brownfields Redevelopment Grant Page 1 From: Ray Moller To: Loni Mecum Date: 6/1/01 10:30AM Subject: Re: Agreement wNandewalle re Brownfields Redevelopment Grant It just went directly to the Council. I think we goofed on this one. It did not require Council approval. >>> Loni Mecum 05/31/01 05:47PM >>> The agreement I am talking about is for$4900. However, a resolution was adopted by the City Council on April 25, so it would seem that it would previously have been on a COW agenda even though it was less than $5000. Or am I mistaken about that and it just went directly to Council? Loni