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Home My WebLink About02-151 Resolution No. 02-151 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH MARKETPLACE MEDIA GROUP, INC. FOR THE CENTRE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a First Amendment Agreement on behalf of the City of Elgin with Marketplace Media Group, Inc . for phase two marketing services for The Centre, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 24, 2002 Adopted: April 24 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is made and entered into this 10th day of April 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "CITY") and Marketplace Media Group, Inc., an Illinois corporation (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY and CONSULTANT have previously entered into an Agreement dated October 10, 2001, relating to the CONSULTANT providing certain professional services for the CITY'S proposed new recreation center(hereinafter referred to as the"Agreement"); and WHEREAS, the CITY has requested and the CONSULTANT has agreed to provide additional services; and WHEREAS, Section IID of the Agreement provides that additional services by the CONSULTANT beyond the scope of work of the Agreement requires prior written approval of the City Council. NOW, THEREFORE, for and in consideration of the mutual undertakings as contained herein, and the mutual undertakings as contained in the Agreement between the CITY and the CONSULTANT of October 10, 2001, along with all other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are incorporated into this First Amendment Agreement in their entirety. 2. That the Agreement between the CITY and the CONSULTANT dated October 10, 2001, is hereby amended as follows: A. Section I. entitled "SCOPE OF SERVICES" is amended by adding the following Subparagraph D thereof to read as follows: D. Consultant shall also perform and provide the following additional Phase II services as follows: Phase II Marketing: 1. Develop and implement radio, cable, newspaper, and direct mail advertising. 2. Coordinate name search for"The Centre". 3. Develop, Coordinate and implement sponsorship recruitment program and print materials. 4. Design and produce facility brochures. 5. Develop and implement miscellaneous printing and PR activities. 6. Design, develop and implement facility Website. 7. Design and produce membership packages. A detailed Scope of Services for the Phase II services is attached hereto as Attachment"C". B. Section II. entitled "PROGRESS REPORTS" is amended by adding the following Subparagraph E thereto as follows: E. A detailed project schedule for the Phase II Marketing is included as Attachment "D", attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. above. First Amendment Agreement/ Elgin Recreation Center Marketing Page 2 C. Section IVC. entitled "PAYMENTS TO THE CONSULTANT' is amended by adding the following Subparagraph C. thereto as follows: C. The CITY shall reimburse the CONSULTANT for the Phase II services under this Amended Agreement a not-to-exceed amount of Two Hundred Thousand Dollars, regardless of the actual time expended or costs incurred by the CONSULTANT unless SUBSTANTIAL modifications to the project are authorized in writing by the DIRECTOR. 3. The reasons for the changes as outlined by this Amendment Number 1 are germane to the original contract as signed. 4. That except as amended herein the terms and provisions of the Agreement between the CITY and the CONSULTANT of October 10, 2001, shall remain in full force and effect. 5. That in the event of any conflict between the provisions of this First Amendment Agreement and the Agreement of October 10, 2001, the terms of this First Agreement shall control. IN WITNESS WHEREOF the parties have entered into and executed this First Amendment Agreement on the date and year first written above. CITY OF ELGIN MARKETPLACE MEDIA GROUP, INC. By (1)0.A_ NriCi By City Ma ger President Attest: Attest: • City Clerk 2 MARKETPLACE MEDIA G R O U P , INC . April 18 , 2002 Monica Meyers Parks & Recreation City of Elgin 31 South Grove Ave Elgin, IL 60120 Dear Monica: Thank you for the opportunity to develop your Centre of Elgin marketing plan budget. Enclosed for your review is a month-by-month budget summary for the plan highlighting each activity. Also included is a rational and explanation for each element of the plan. Marketplace Media Group has an extended vendor group within the city of Elgin and will make every attempt to utilize those vendors in this project. Our company has been located in Elgin for the past eight years and we feel that our market knowledge [obtained through extended research, market observations and many focus groups] will be an added asset in our effort of marketing The Centre . The numbers in our plan are on a "not-to-exceed" basis . The total cost number in our budget therefore is the most we anticipate spending for this plan. Media is difficult to purchase this far in advance of the Grand Opening, but our numbers in this area will , in our opinion, give us great flexibility when choosing our print ads and electronic spots . Please call me at any time with questions . Si erely, George Hahne 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 Il MARKETPLACE MEDIA G R O U P , I N C . THE CENTRE OF ELGIN PHASE TWO MARKETING PLAN & BUDGET 2002 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • Fax: 847/695-2982 �Il MARKETPLACE MEDIA G R O U P , INC . The Centre of Elgin April 18 , 2002 Page-Two Media In a perfect world a potential Centre member would see our ad in their daily newspaper at breakfast, hear our radio spot on the way to work and see our cable TV spot that evening. We don' t live in a perfect world, however, over time , we can repeatedly place our message in the right mediums and gain satisfactory results . Radio Radio allows us to reach a target market in a very accurate way. Each station' s format allows us to choose a demographic path to potential Centre users . The central Fox Valley has some solid radio choices to support our membership sales message. We are suggesting a humorous pre-recorded script to communicate the diverse nature of the facility. We recommend a pre-opening [June spots] and Grand Opening schedule . A remote broadcast during the opening is also highly suggested. Radio Focus Although radio formats do vary a great deal , a large proportion of today' s radio focus is on the 18-35 market. This mobile, active group places fitness high on their priority list for life . There are several stations in the Fox Valley that format for this group. We would also recommend using one of Chicago' s major market stations [WGN, WBBM or WSCR] for the week of the Grand Opening. These stations would attract across the board attention to the Centre. Radio Cost Breakdown Row 1 Costs : May [$5 , 000] Write & Edit Scripts , Produce Spots For Air Row 2 Costs : June [$4 , 000] Media 30-Second Spots Oct [$1 , 000] Media 30-Second Spots Nov [$5 , 000] Media 30-Second Spots Dec [$3 , 500] Media 30-Second Spots 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 MARKETPLACE MEDIA G R O U P , INC . The Centre of Elgin April 18 , 2002 Page-Three Cable TV The Centre will have a lot of visual excitement which can be exploited on video. Like radio, cable TV allows us to focus on very specific market segments . Research will yield individual networks and programing that will bring our ad message to potential members . With budget in mind, we believe that 3 different spots [highlighting 3 different ideas] can be produced. Spots should be purchased during the Spring membership drive and during Grand Opening. Cable TV Focus Cable TV, with its ' highly focused formats [ESPN/Sports , HGTV/Home Improvement & Gardening, A&E/Arts & Entertainment, and The Weather Channel to name a few] allows us to zero in on potential Centre users by advertising on networks that cater to their needs . Sports Center on ESPN, for example , is a haven for people interested in athletics . This group also participates in recreational sports at a higher level then does the general population. Sports Center would then be a solid choice to reach potential Centre users . There are also good Hispanic Networks available on cable . Cable TV Cost Breakdown Row 1 Costs : May [$6 , 850] Creative Cost For 2-Different 30- Second Spots . Costs Include Story Board Design, Writing, Graphic Elements , Photos , Music , Narration & Production. Nov [$1 , 800] Creative Costs For Grand Opening 30-Second Spot Row 2 Costs : May [$3 , 000] Media/AT&T Cable 30-Second Spots June [$3 , 000] Media/AT&T Cable 30-Second Spots Oct [$3 , 000] Media/AT&T Cable 30-Second Spots Nov [$3 , 000] Media/AT&T Cable 30-Second Spots Dec [$3 , 000] Media AT&T/Cable 30-Second Spots 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 MARKETPLACE MEDIA GROUP , I N C The Centre of Elgin April 18 , 2002 Page-Four Newspaper/Newspaper Focus Our prime mass media vehicle should be newspaper. The Elgin marketplace has two above average newspapers , which do reach a significant number of households . People who have a strong interest in wellness , food and sports still look to their daily newspaper for information regarding those topics . The newspapers will also be our prime public relations outlets . Advertising information becomes more legitimate after a positive article is written by newspaper staff . Our creative approach should center on the flow of information regarding Centre facilities , benefits and how everyone in the community can utilize the new approach in town for fitness . There several Hispanic newspapers in the marketplace which can be utilized. Newspaper Cost Breakdown Row 1 Costs May [$1 , 425] Creative Costs For Newspaper Ad Design, Layout, Type & Production Oct [$1 , 425] Creative [Production] Updates For New Ad Information Nov [$950] Creative Grand Opening Ad Dec [$1 , 425] Creative New Year Resolution & Fitness Ad Row 2 Costs May [$5 , 300] Media/Daily Herald/Elgin Courier June [$5 , 000] Media/Daily Herald/Elgin Courier Oct [$7 , 360] Media/Daily Herald/Elgin Courier Nov [$16 , 275] Media/Daily Herald/Elgin Courier Dec [$1 , 960] Media/Daily Herald/Elgin Courier 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX: 847/695-2982 MARKETPLACE [1,1! MEDIA GROUP , I N C . The Centre of Elgin April 18 , 2002 Page-Five Name Search To avoid duplication of our name [The Centre of Elgin] for a like use or any type of trade mark infringement, we strongly recommend utilizing a formal name search. Having a name "free and clear" will save the City of Elgin from an expensive and time exhausting litigation. Name Search Cost Breakdown Row 1 Costs : [$2 , 500] Name Search Includes Thomson & Thomson Search, Attorney Recommendation & Guidance. Direct Mail/Direc Mail Focus Direct mail is still an effective way to reach a specific target market. It allows a potential member to receive and consider information at their pace. Relatively large amounts of information can be effectively communicated to a small, very targeted audience or to a wide encompassing mass market. We are suggesting two direct mail projects . The first would be our late Spring "pre-opening" membership drive. This piece would go to a focused, predetermined fitness group. A yet-to-be-determined consumer benefit campaign would need to be the central theme for this mailing. A second, market wide Grand Opening mailing would be planned to coincide with the event. Direct Mail Cost Breakdown Row 1 Costs : May [$1 , 900] Creative Costs Include Design, Layout, Type, Production & Film Nov [$1 , 900] Same As Above Row 2 Costs : May [$3 , 800] Printing Costs Nov [$15 , 000] Printing Costs Row 3 Costs : May [$1 , 500] Mailing List Nov [$3 , 600 Mailing List 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 i MARKETFACE MEDIA G R O U P , I N C . The Centre of Elgin April 18 , 2002 Page-Six Row 4 Costs : May [$2 , 700] Postage Nov [$13 , 500] Postage Brochures A series of general brochures will need to be developed, early on, as the public ' s demand for information increases . More brochures , with facility specific information, will need to be developed prior to opening. Brochure Focus Brochures will target all users of the facility. Members , potential members , seniors , the Hispanic marketplace , all facets of the community will benefit from the information contained in these printed pieces Brochure Cost Breakdown Row 1 Costs : Feb [$2 , 400] Creative Costs Include Design, Layout, Type, Production & Film Oct [$3 , 900] Creative Costs Same As Above Row 2 Costs : Feb [$3 , 800] Printing Costs Oct [$5 , 000] Printing Costs Miscellaneous Printing Stationary, envelopes , second sheets , business cards , forms , sell-sheets , and more all fall under the miscellaneous printing category. Misc Printing Cost Breakdown Row 1 Costs : Feb [$1 , 500] Printing April [$1 , 500] Printing May [$1 , 500] Printing Oct [$2 , 000] Printing Nov [$1 , 890] Printing 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 Il MARKETPLACE MEDIA GROUP , I N C . The Centre of Elgin April 18 , 2002 Page-Seven Public Relations Activities A key to any good marketing plan is sound, accurate public relations materials . These materials must include detailed background information about the facility as well as newsworthy updates and event announcements . This information must be "packaged" in a concise, clear way in order to assist the media as they report facts about the Centre in their stories . All public relations material must reflect a positive image, communicate accurate information and be available in a timely manner. Public Relations material should begin early with a background information packet, followed with a release on the "topping off" ceremony and continuing with releases as they are needed. A crisis management program should be in place a few months prior to Grand Opening. Public Relations Cost Breakdown Row 1 Costs : Jan [$1 , 475] Development of Basic Kit Including A Background Information Sheet & The First Release On The Topping Off Ceremony. April [$2 , 500] Develop Plan To Gain Positive Articles In Two Major Daily Newspapers . Progress Releases With Centre [Memberships & Programs] Specific Information. Oct [$2 , 100] Develop Grand Opening Releases Nov [$1 , 000] Develop Follow-Up Material For Media Web Site As web sites have become an essential operational and marketing tool it will be important that the Centre ' s be easy to navigate and contain clear information. Potential members should be greeted with a leisurely path to facility 115 SoLH Gnovr. SrHEEr • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX: 847/695-2982 Il MARKETPLACE MEDIA GROUP , INC . The Centre of Elgin April 18 , 2002 Page-Eight information. Current members should have access to updated material . Everyone entering this web site should, within minutes , have a very good idea of what the Centre is , what' s going on in it and how they become an active participant. Web Site Focus Information contained on the web site would be available to anyone with access to the internet. This access is available free at most public libraries . Web Site Cost Breakdown Row 1 Costs : Jan [$3 , 266] Story Board Concept For Web Art Art. Photography Used In Web Site. Begin Site Construction. Feb [$3 , 266] Continue To Construct Site & Proofing. March [$3 , 266] Final Construction & Implementation. Membership Package A membership package should be developed containing up-to- date Centre information, membership contracts and "fit" within the graphics standard set by previous marketing materials . Membership Package Cost Breakdown Row 1 Costs : March [$4 , 275] Creative Costs Including Design, Layout, Type, Production, Photography & Film. Row 2 Costs : April [$6 , 000] Printing 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 MARKETPLACE MEDIA GRO U P , I N C . The Centre of Elgin April 18 , 2002 Page-Nine As we begin the creative process and start to focus on our "target" market, we believe that three distinct groups warrant concentration. Virtually everyone in the greater Elgin area. People who work in the Elgin area. And, people who live on the geographic periphery of the city of Elgin. All facets of this plan, including all creative ideas , production phases , media plans , public relations directions and material, printed material and image positioning will be presented to the appropriate City of Elgin Parks and Recreation personnel for approval, unless otherwise directed, prior to implementation. Marketplace Media Group will present a detailed report with each invoice highlighting activity and how monies were spent. Any additional work for the Centre of Elgin, not presented in this budget, will be supplied, in proposal form, prior to implementation. No additional work will be started until a proposal is signed by Parks and Recreation. 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX: 847/695-2982 AGREEMENT THIS AGREEMENT, made and entered into this 10th day of October, 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Marketplace Media Group, Inc. (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with developing and implementing marketing of the City's new recreation center (hereinafter referred to as the "PROJECT"). AND WHEREAS, the CONSULTANT represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and 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 CONSULTANT that the CITY does hereby retain the CONSULTANT 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: 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". • Page 2 B. The services to be provided by the CONSULTANT will be as they are outlined as follows: Phase I: 1. Develop a logo and theme for the recreation center. 2. Develop media relation/public relations strategies to launch the new name and logo. 3. Develop types of sponsorship packages. Develop packaging to sell sponsorships. 4. Develop levels of memberships. 5. Develop two-year marketing communications plan to guide the implementation of strategies to create brand awareness and meet membership goals. Develop a menu of marketing options with estimated costs for development, production, printing, distribution and air time to consider in preparing the 2002 budget. Plan to include proposed implementation timelines, estimated costs specific marketing strategies(advertising, direct mail, media relations, development of collateral material and other creative strategies to build awareness and memberships. 6. Conduct a best practices review and analysis to learn of other similar successful programs implemented by cities/park districts. C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is as follows: October 10, 2001 City Council approves contract City Council approves name of the recreation center Page 3 November 30, 2001 Logo Development complete Theme Development complete Marketing Plan complete PR Strategies complete Sponsorship Package Concepts complete January 31, 2001 Analysis and Research complete Phase II (Marketing Plan Implementation) contracted Phase III (Sponsorship Packages) contracted B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the projectschedule sc edule and submitted monthly as a component of the Status Report described in C. below. C. The CONSULTANT will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. D. In the event the CITY and the CONSULTANT elect to proceed with Phase II services consisting of a marketing implementation plan and/or Phase III services consisting of sponsorship packages any agreement between the CITY and the CONSULTANT for such Phase II and/or Phase III services shall require a separate written agreement for such phases which must be approved by the City Council of the CITY. III. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited too, 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 CONSULTANT 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 Page 4 risk of the CITY without liability or legal exposure to the CONSULTANT. IV. PAYMENTS TO THE CONSULTANT (Lump Sum Method) A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum of Seven Thousand Nine Hundred Thirty Five Dollars, regardless of actual time expended or costs incurred by the CONSULTANT unless SUBSTANTIAL modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to'the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the schedule outlined in Attachment B, attached hereto and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (IIC above) will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under 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. 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 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 Page 5 termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT's work under this agreement is 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 term or provision of the Agreement. VIII. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT 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 CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 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. Page 6 X. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT 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, attorney's 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 CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT 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. XI. 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. XII. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily . injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance namingthe CITY as additional insured. The policyshall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article X entitled "Indemnification" shall be provided. Page 7 This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or • for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. 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 Page 8 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. XV. 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. VI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT 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. XVII. 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. Page 9 XVIII. 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. • XIX. 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. XX. 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. XXI. 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. Page 10 XXII. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT 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, utilising 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; Page 11 G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT 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 CONSULTANT be made or confirmed in writing. XXVII. 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 B. As to CONSULTANT: GEORGE HAHN President Marketplace Media Group, Inc. 115 South Grove Street Suite 207 Elgin, Illinois 60120 Page 12 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 By 44By _ City Clerk ity Manager (SEAL) For the CONSULTANT: Dated this ( day of , M' VDY�`Zl. , A.D., 2001. ATTEST: MARKETPLACE MEDIA GROUP, INC. I AIMBy Secretary President (SEAL) ATTACHMENT "A" M A R K ETPL A C E MEDI A G R O U P , I N C . August 30 , 2001 Maria Cumpata Supervisor of Recreation City of Elgin Dawn Hagen Director of Communications • City of Elgin Dear Maria & Dawn: Thank you for the opportunity to submit a proposal for creative work on the Elgin Recreation Center. Enclosed is our proposal outlining the services and qualifications of Marketplace Media Group along with the cost breakdown associated with the initial project. We feel that Marketplace Media Group can assist the City of Elgin at many levels in the development of a sound marketing and public relations plan for the new recreation center . If you have any questions regarding the contents of the proposal , please call me at 695-1912 . Sincerely, kat/1 — George Hahne President • 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX: 847/695-2982 M A R K ETPL A C E MEDIA G R 0 U P , I N C . INTRODUCTION/HISTORY On July 15 , 1994 George Hahne and Steve Mikulay started Marketplace Media Group with Four Employees and a client base of three. By August, 2001 the staff has grown to 12 and the client base to over 40 . Marketplace recently opened a second office in Madison, Wisconsin. Marketplace Media Group is a full-service advertising agency and marketing consulting resource for a diverse selection of business-to-business and consumer clients encompassing numerous industries. Headquartered in downtown Elgin, the seven-year-old agency offers a creative approach and results- oriented marketing services . As a full-service agency, Marketplace Media Group can provide the complete spectrum of marketing communications , offering clients a single source for a cohesive marketing program effort. We maintain close working relationships with a wide variety of vendors , media and industry contacts and creative sources to provide clients with the most cost-effective and professional services available. Our commitment to the community has developed through various projects including the Boeing presentation, Boys and Girls Club Annual Report and fund raising event, "adopt a duck" and the Fiesta Salsa Festival. 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • Fax: 847/695-2982 M A R It E T P 6 A C E R O UP , INC . OUR CLIENTS Tri-Land Properties Oakbrook-based real estate 7-Year Relationship development company, specializing in in redevelopment of under-utilized commercial Properties . Easy Gardener Waco, Texas-based manufacturer of 7-Year Relationship lawn and garden products. Maker of Jobes Plant Spikes . Stewart Associates Elgin-based credit union services 7-Year Relationship provider. Recently purchased by CUNA [Credit Union National Assoc] . Ivex Packaging Lincolnshire-based $700 million 7-Year Relationship plastic packaging manufacturer. Team Electronics Algonquin-based, full-service, 7-Year Relationship consumer electronics retailer. A Cellular One distributor. GMP-Genpack Elgin-based wire packaging 7-Year Relationship manufacturer and distributor. Wire Packaging Elgin-based recycler of wire related 6-Year Relationship packaging and spools . Lending Solutions Sister company to Stewart Associates 6-Year Relationship specializing in financial services and call center operations . Gourmet House Clearbrook, Minnesota-based food 6-Year Relationship division of Anheiser-Busch. Institutional and consumer food products . 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX: 847/695-2982 -- J MARKETPCE • MEDI A G R O U P , INC . Chemical Light Vernon Hills based national 6-Year Relationship distributor of novelty products . Braun Enterprises Addison-based event planning and 5-Year Relationship rental company. Raisin River Foods West-Chicago based food distributor . 5-Year Relationship One of the nations largest specialty food companies Lockton Company Chicago-based world leader in 5-Year Relationship providing large , company-brokered insurance . Guideline Industries Galena-based international 4-Year Relationship manufacturer and distributor of high-tech wire guides . Pressed Steel Tanks Milwaukee, Wisconsin-based 4-Year Relationship manufacturer of heavy-duty steel tanks Conveyor Systems & Eng Arlington Heights-based distributor 3-Year Relationship of high-tech conveyance systems . Jiffy Products of Am Batavia-based producer and world- 3-Year Relationship wide distributor of gardening products . Elgin State Bank Elgin' s full-service "local" 3-Year Relationship financial institution Bagcraft Chicago-based manufacturer of multi- 3-Year Relationship facited food packaging. Chicago Importing Elgin-based importer of Scandinavian 3-Year Relationship food products . 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • fax: 847/695-2982 MARKETPLACE M P Il I A C R O U P , I N C . Bernhard & Son Batavia-based Up-Scale Landscaper 3-Year Relationship McDonalds McStore division. Catalogs of retail 3-Year Relationship products . Mandalay Resort Grp. Elgin-based parent company of Grand 2-Year Relationship Victoria Casino. Grand Victoria Casino Human Resources division. 2-Year Relationship Bloom Enterprises Austin, Texas-based restaurant chain 2-Year Relationship & development company. Massy Knackle New York City-based real estate 2-Year Relationship developer/broker with a focus on "high-end" residential properties . Noland Sales Corp Wholesale carpet distributor 2-Year Relationship Sears & NTB Hoffman Estates-based car care 2-Year Relationship division of retail giant Sears . Newly Formed Relationships/Within Past 12 Months Elgin Community College City of Elgin Milwaukee Wire Electronic Gravure/South Elgin Artline/Berkley, IL Crosswind Music/Madison, WI MadCity Live/Madison, WI Riviana Foods , Houston, TX Temple Display, Oswego, IL Our Not-For-Profit Clients Boys & Girls Club of Elgin Centro de Informacion Fiesta Salsa 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • Fax: 847/695-2982 M A R K I? 1 I' I; A C I MEDIA GROUP , I N C . Key Staff Assigned To City of Elgin Projects Principals George Hahne, President Over 22 years of marketing, advertising and public relations experience. Prior to starting Marketplace Media Group, served as Publisher of Fox Valley Living Magazine and spent 8 years as Director of Marketing for Tri-Land Properties, an Oakbrook real estate developer. While at Tri-Land, Hahne work with several municipalities on large commercial real estate redevelopments . These projects included cooperative efforts to secure unique zoning changes, the development of TIF' s and marketing plans designed to attract financing and community support. Hahne also directed the marketing for Tri-Land' s retail ventures including three health clubs and a chain of deep discount drug store operations . George has lived in suburban Chicago all of his life and is a graduate of Northern Illinois University. Steve Mikulay, Vice President & Creative Director A graduate of Emerson College, Boston, Mikulay was President of Mikulay & Associates , a full-service advertising agency, for 10 years prior to his partnership at Marketplace Media Group. Lead creative person on all Marketplace projects, Mikulay has developed several award-winning marketing plans for client projects . _./ 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 M A R K E T P L A C E MEDIA G R O U P , I N C . Sharon Hahne, Public Relations Specialist & Head Writer With two decades of public relations and writing experience , Sharon has been involved in many diverse marketing and PR activities . Prior to joining the staff at Marketplace, she was the public relations specialist at Visual Edge , an advertising agency in Arlington Heights . Sharon wrote the contents of the city brochures for Arlington Heights , Bartlett, Elk Grove Village and Prospect Heights . She also participated in several commercial real estate projects for Joseph Freed and Associates , the Arlington Heights shopping center developer. Our Creative Staff Karolyn [Cary] Wilharm Graphic Designer Prior to Marketplace, 11 years with Cahners Publishing Teresa Lejman, Graphic Designer Prior to Marketplace , 4 years at Niles based William Potter Design. Max Lognbehn, Photographer Philip Fisher, Intern 115 SourH GAOVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695 1912 • FAX 847/695-2982 MARKETPLACE MEDIA G R D U P , I N C . September 5 , 2001 Marcia Cumpata Supervisior of Recreation City of Elgin 61 S . Grove Elgin, IL 60120 PROPOSAL Phase One Projects/Family Recreation Center Theme Development Creative: Develop a distinctive , reoccurring message that will be easily recognizable by target market $475 Logo Development Creative : Design, Applications , All Proofs & Final Presentation 950 Public Relations Strategies Creative: Develop plan to introduce logo, theme and facility. 1 , 425 Marketing Plan Creative: Identify Target Market, Develop Strategies , Determine Creative Approach, Research Media, Assocate All Production and Media Costs . 1 , 615 Sponsorship Package Concepts Creative : Develop sponsoship programs for Various type of levels . 570 115 SOUTH GROVE STREET • SUITE 207 • ELGIN, ILLINOIS 60120 • TELEPHONE: 847/695-1912 • FAX 847/695-2982 Family Recreation Center September 5 , 2001 Page-Two Analysis & Research Other Programs Creative : Gather Information, Review & Present In Report Form $1 , 900 Contingency 1 , 000 $7 , 935 Total Phase One Proposal • k City of Elgin Agenda Item No. E i April 5, 2002 1 EL G I TO: Mayor and Members of the City Council N � ; FROM: Olufemi Folarin, Interim City Manager RECREA ZONAL LEISURE ANO CULTURAL OPPORTUNITIES FOR ALL CITIZENS SUBJECT: Marketplace Media Group, Inc . Agreement Amendment I PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into agreement amendment I with Marketplace Media Group, Inc . , for phase two marketing services for The Centre . BACKGROUND In July 2001, a Request for Proposals was sent out to 12 marketing and advertising agencies seeking input on developing a comprehensive marketing plan for The Centre . This marketing plan was broken down into three phases and each firm was evaluated on all three phases of their proposals . Phase II and Phase III of these proposals was to develop a menu of strategies and estimated cost for the additional phases . In October 2001, the City Council entered into an agreement with Marketplace Media Group to develop Phase I marketing services for the recreation center. These services were as follows : ' • Name/Logo/Theme development • Design sponsorship package concept • Develop Phase II pre-opening marketing plan/strategies for overall facility awareness and membership recruitment Marketplace Media Group has completed the Phase I work. In the interest of time, as previously communicated to the City Council, two elements of the Phase II Proposed Marketing Plan have been initiated. These elements were the sponsorship program development and implementation at a cost of $9, 500 as well as the facility name search at a cost of $2 , 500 . The cost for the Phase II marketing plan includes all third-party costs, including newspaper, radio, cable, printing and postage. Marketplace Media' s hourly rates have remained unchanged from those of Phase I . The Phase II Marketing Plan is attached for consideration which includes the following elements : ir The Centre Phase II Marketing April 5, 2002 Page 2 • Develop, implement and distribute fall monthly membership newsletter • Develop and implement radio, cable, newspaper and direct mail advertising • Design and produce facility brochures • Design and produce point of purchase displays • Develop and implement miscellaneous printing and PR activities • Coordinate Grand Opening events • Design, develop and implement facility Website • Design and produce membership packages A detailed Scope of Service, schedule and cost breakdown are attached. The following items totaling $37, 646 are being eliminated from the plan at this time due to funding constraints : • Member Newsletter (fall) $10, 758 • Point of Purchase Displays 5, 200 • Newspaper (reduction) 6, 688 • Grand Opening (November) 15, 000 Total $37, 646 The intention is to still do the member newsletter as part of The Centre' s operational advertising budget and to further evaluate the program for the Grand Opening event and determine a revised total cost of the event . The grand opening event will be coordinated by the City with Marketplace Media Group' s involvement in the event being reduced. Comparisons were made with the following Park Districts : Buffalo Grove, Bartlett and Glenview. Each has their own in-house marketing staff, who does the majority of the services which we are securing from Marketplace Media Group. The Buffalo Grove Park District did, in fact, contract services with a similar marketing firm for $150, 000 in 2000 which encompassed: newspaper, direct mail and department community publications . All other work was performed in-house . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . . ... 6 The Centre Phase II Marketing April 5, 2002 Page 3 0111( FINANCIAL IMPACT Sufficient funds are available from the 2000 bond sale fund, account number 380-0000-795 . 30-99 (Miscellaneous Professional Services) in the amount of $200, 000 to enter into this contract . VJ7AL IMPACT e . ALTERNATIVES The alternative would be to not enter into an agreement with Marketplace Media Group, Inc . RECOMMENDATION It is recommended that the City Council approve agreement amendment I with Marketplace Media Group, Inc . for Phase II marketing services for The Centre at a cost not to exceed $200, 000 . SRespectfully submitted, ter.:.�� Olufemi Fo * rin Interi Cit Manager mm 1 411