HomeMy WebLinkAbout03-281 Resolution No . 03-281
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH
THE CORPORATION FOR OPEN LANDS FOR THE FAR WEST AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 020B (9) the City Council hereby finds that an exception to the
requirements of the procurement ordinance is necessary and in the
best interest of the city; and
BE IT FURTHER RESOLVED that David M. Dorgan, 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 the Corporation for Open Lands (CorLands) ,
for a study and recommendations on open space needs in the Far West
Area, a copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented : October 22 , 2003
Adopted: October 22 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: October 23 , 2003
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Professional Services Agreement
THIS AGREEMENT is made and entered into this 10th day of October, 2003 by and
between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City"), and the Corporation for Open Lands (CorLands), an Illinois not-for profit
corporation with an office at 25 E. Washington-1650, Chicago, Illinois, Illinois (hereinafter
referred to as "Consultant").
Whereas, the City has determined it to be in its best interests to obtain the assistance of
a Consultant concerning the preparation of a open space plan for west Elgin (the
"project"),
Whereas, Consultant is experienced in the preparation of open space plans and desires -
to render Consultant services to the City,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency cf.which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Scope of Work
Consultant shall perform and direct the necessary qualified employees to perform the
services of Scope of Services proposal, a copy of which is attached hereto and made a
part hereof as Exhibit 1.
2. Time Schedule and Term
Consultant shall perform and complete various tasks within a four-month timeline. The
services of the Consultant will begin upon delivery to the Consultant of an executed copy
of this agreement, and shall, absent causes beyond the reasonable control of the
Consultant, be completed within said timeline. The completion of services by the
Consultant shall be, among other things, contingent upon the timely receipt of the
services, data, and other reports described in Exhibit 1, Scope of Services and upon the
timely conduct by the client of meetings and decisions required for its purposes in the
execution of Exhibit 1. If the required reviews are not provided in a timely manner, or if
the City requests that Consultant perform extra work not now included in Exhibit 1, the
Consultant, if agreed to by the client, may suspend work on the project or a portion of
the project, and may extend the period of time allotted to perform the services identified
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in Exhibit 1 under this Agreement, to a mutually agreed upon period of time necessary to
compensate for the delay or additional Extra Work.
- 3. Fee
So long as Consultant is discharging its obligations hereunder pursuant to the terms
hereunder, Consultant shall be paid a total fee of $16,000 for such services and
expenses. Consultant's fee shall be paid in installments, $8,000 at the commencement
of the work and $8,000 upon completion of all work. Extra work and expenses by the
Consultant beyond the Scope of Work of this contract require prior written approval of
the City of Elgin and shall be compensated according to terms agreed upon in such
written approval at the rates set forth in Exhibit 2.
4. Rights in Results of Services
Upon payment therefore, 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). Provided, however, Consultant shall retain its
ownership in its databases, computer software and other proprietary property. No
articles, papers, treatises, or presentation related to or in any way based upon or
associated with the services performed pursuant to this Agreement shall be presented or
submitted for publication without the prior written consent of the City 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,
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perform services for any persons, firm or corporation other than City:if:such services
could foreseeable lead to a conflict with Consultant's obligations under• tis,Agreement.
6. Assignment of Contract/Agreement
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 eitherparty, except as
may be required by law, whether by operation of law or otherwise, withot the prior
written consent of either party. Any attempt to assign or transfer this Agreement or any
rights hereunder without such consent shall be null and void and of•noiforce or effect.
7. Project Representatives
The City designates Mark T. Biemacki to act as its representative With respect to the
work to be performed under this agreement, and such person shall have authority to
provide decisions in a timely manner pertinent to the work covered-byitftis agreement
until the Consultant has been advised in writing by the City that suchiallhority has been
revoked. The Consultant designates Nancy L. Kaszak, Executive Director of CorLands
as the Consultant's representative to the City.
8. Independent Contractor
Consultant is and shall perform its services under this Agreement as am independent
contractor, and shall not be deemed an agent, employee or legal representative.of the
City. Consultant has no authority to assume or create any commitmeriter 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 sits serves 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 aid 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,
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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 to the full extent permitted by law indemnify, defend and hold'harmless
the City, its officials, officers, employees, agents, boards and commissions from and
against any and all claims, suits, judgments, costs, attorney's fees, damage or other
relief, including but not limited to worker's compensation claims, in any way resulting
from or arising out of the negligent actions or omissions of the Consultant, its employees,
agents, or subcontractors in the performance of its services under this Agreement. In
the event of any action against the City, its officials, officers, employees, agents, boards
or commissions covered by the foregoing duty to indemnify, defend or hold harmless
such actions shall be defended by legal counsel of the City's choosing. The provisions of
this paragraph shall survive any termination and /or expiration of this agreement.
12. Force Majeure
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 action,
civil commotion, unavoidable casualty, unavailability of fuel or parts or any other 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 and occupational disease insurance in amounts required
under the laws of the State of Illinois;
(2) Comprehensive general liability and automobile liability insurance 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 insureds. Consultant
shall furnish to City of Elgin a certified copy of such policies concurrently with the
execution of this Agreement.
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14. Severability
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.
1.6. Termination
The City may by written notice to the Consultant terminate the whole or any part of this
contract if the Consultant fails to make delivery of the services within the time specified
herein or any extension thereof: or if the Consultant fails to perform any of the other
provisions of this Agreement, 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) days (or such longer period as the City may
.authorize in writing) after receipt of notice from the City specifying such failure. In
addition thereto, the City may also terminate this agreement at any time upon thirty (30)
days prior written notice to the Consultant. In the event this Agreement is so terminated,
the Consultant shall be paid for services actually performed and reasonable expenses
actually incurred prior to termination according to the rates set forth in Exhibit 2 attached
hereto, except that 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, 5 and
6 relating to Consultant's certifications, affirmative action information, equal employment
commitment guidelines and sexual harassment policy.
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18. News Releases
The Consultant may not issue any news releases, or make any publicslaternents in
connection with this agreement or the performance of services under'•thiis agreement,
without prior written 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. Notices
Communication to the Consultant means notice in writing to Ms. Nancy Kaszak,
Executive Director, CorLands, 25 E. Washington— 1650, Chicago,'.IL 60602_
Communication to the City means notice to the contracting officer in,wrng to Mr. Mark
T. Biemacki, City of Elgin, 150 Dexter Court, Elgin, IL 60120.
20. No Personal Liability •
No officer, director, or employee of the City or of the Consultant shall ibe personally liable
for the fulfillment of the conditions of this Agreement.
21. 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..
22. Standards
Consultant will receive from the City of Elgin the existing Microstation°DGN4 and ESRI
Shapefile•files. Consultant will also receive from the City of Elgin the'GIS files for the City
of west Elgin. All computerized files will be evaluated for incorporationurto the
Consultant's ArcView system files. Consultant will define use of Microsoft compliant
package of programs for base maps, other graphics and various written products.
Consultant will determine the use of other graphics software packagessuch as Quark
Express or Adobe Illustrator, as appropriate. Consultant will completette Scope of
Services using ArcView Version 8.1 as the GIS software, Microsoft Ward as the word
processing software and Microsoft Excel as the spreadsheet program.
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23. Successors and Assigns
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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 consent of the City.
24. Governance
This agreement will be governed by the laws of the State of Illinois.
25. Appropriations.
The fiscal year of the City is the 12-month period ending December 31. The obligations
of the City under contract or agreement-for any fiscal year are subject to and contingent
upon the appropriation of funds sufficient to charge the obligations which accrue in that
fiscal year and authorization to spend such funds for the purposes of the contract or
agreement. If, for any fiscal year during the terms of the Agreement, sufficient funds for
the discharge of the City's obligations under the Agreement are not appropriates and
authorized, then upon written notice from the City to the Consultant the Agreement shall
terminate as of the last day of the proceeding fiscal year, or when such appropriated and
authorized funds are exhausted, whichever is later, without liability to the city for
damages, penalties or other charges on account of such termination.
The terms and condition set forth herein are accepted as of this 10th day of October,
2003.
CITY OF ELGIN CORPORATION FOR OPENLANDS
By: By
David Dorgan Nancy L asza
City Manager Executive Director
Attest:
G‘e_Cd.p.—
Dolonna Mecum, City Clerk
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EXHIBIT 1 : Scope of Services
•
West Elgin Open Space Plan & Opportunities
Within aplanningarea defined b y the City,
y C ty, CorLands will provide the
following:
• Focus of the Report
o Existing and future parkland shortages, open space shortages,
targeting potential properties for acquisition, developing
recreational amenities, greenways development, etc.
o A series of recommendations and visual/graphic examples on
• . How open space and public land areas can be allowed to
be integrated into and become part of the urban
• development pattern, and •
• How to utilize such information to educate other regional
governments and agencies on the relationship between
municipal growth and open space and public land areas.
.• Analysis •
o Existing development * -
o Proposed developments
o Forest'Preserve holdings & proposed acquisitions
o Government holdings
o Facilities, utility issues •
o Annexation potential
O Delineation of floodplains, wetlands and woodlands
• 0 Review of adopted and developing plans. -
• Recommendations
O Open space needs
O Recommended plans, trails and open space
O Annexation strategy for managed development
O Community preservation
0 A strategy wherein open space areas are used to complement
and facilitate urban and rhunicipal development patterns.
•
•
•
Timeline
• .Draft Product: 2 months
o Analyze existing maps & generate base map _ -
o Research & review existing material
o Mapping & graphic design
o Writing text
o Prepare rough draft of recommendations
. 0 Draft layout of report
o Review rough drat with City Officials
• Revisions: 1-2 months, depending on number of revisions
o Make revisions as a result of community and other government
input .
o Review final draft with City Officials
o Turn report into PDF file
o Burn PDF and component files onto CD-ROM
Basic Material: Text
o Compilation of existing material for text
• Including existing master plans, resident surveys,
demographic information, etc. -
o Research of additional information
• Demographic projections, historical information about .
. community, surrounding areas, etc.
o Discussion of City and other government agency goals for Parks
& Open Space
o Analysis of development and growth potential
• Compare various open space strategies in relation to
growth and development
• Recommend open space strategy to complement and
integrate with planned development
o Analysis, with maps, of how well City and other government .
agencies meet open space goals
• Generally for open space acreages, both recreational and
natural, but could be tailored for additional types of goals,
like trails, etc.
b
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Basic Material: Maps
o Compiling existing City, County, Census and .I,DNR data
o Overview Maps
• Aerial photos with municipal boundary
• Land uses and Planning Areas
o Community Park Access
• Acreage estimate and access calculation -
• Walking or biking distance to parks from(existing and
future residential developments
Additional Products
•
o Potential properties for acquisition (Maps)
o Greenways analysis (Map and text)
o Urban development strategies that use scenic natural and
recreational amenities (text)
o Case studies of other communities that have successfully
implemented various open space and development plans (text) -
Required Data, If Available -
• City and County GIS data that includes:
o Current property shapes •
- o County database with land uses
• Community Master Plans for Elgin and neighboring communities to the
• west -
- •" Zoning map and code designations
o Tax exempt properties to be included
•• Existing community surveys for parks and recreation preferences
• Goals for long term community development plan
• Information about future transportation or other infrasb ucture
improvements that could impact park usage or open space access -
• Floodplains and Wetlands
c
EXHIBIT 2: Fee Schedule
Hourly billing rates in effect are:
Land Acquisition Planner S110
GIS Specialist S95
Program Assistant $42 •
- Out-of-pocket expenses .are included as a part of the compensation established ir: paragraph 3 of this
agreement.
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EXHIBIT 3
CITY OF ELGLN, I I ,LLN'OIS,
CERTIFICATION REQUIREMENTS
Please submit all required forms and documentation, fully completed and signed,
with your proposal. No proposal will be accepted without this information.
1. To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors and
vendors, herein referred to as "bidders," are requested to submit the following inforTnauon:
1. Work force analysis using the enclosed Bidder's EmployeeUtilization form.
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2. Provide the information required in Item #3-on the Employee Utilization Form if the
answer to Question # 2 on the form is "Yes."
• 3. Provide a written commitirent outlining the steps that the bidder plans to take in the area •
of recruitment and promotion ofrrfnorities and females to assure equal employment
•
opportunity. (A copy of the bidder's affirmative action plan maybe submitted in lieu of
• this requirement.)
---2. To assure compliance with the City ofElgin's Sexual Harassment Ordinance, all bidders must
• - submit a signed sexual harassment form enclosed with the Invitation to Bid.
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3. The undersigned certifies that the offerer is not delinquent in the payment of any tax
administered by the Illinois Department of Revenue unless there is a pending proceeding
contesting the tax.
4. The undersigned certifies that the offerer-is not barred fI-om offering on this solicitation as a
result of a conviction for the violation. of State law prohibiting bid-rigging or bid-rotating.
5. The successful bidder a,-ees-that, upon acceptance by the Ciry of Elgin, the executed invitation •
to Bid, along with all instructions, conditions, and specifications attached thereto, constitute a
binding contract which may be enforced by the city.
Signature/Tide Y4h/r/ l E' ip( I^• fi`i 7,/r-(1.�� �l�T.)1' ( "�
•
Company Name Corpa"r-at:ion for Open Lands (CorLands)
Address 25 E. Washington—i 650
Chicago, IL 60602
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Phone Number 312-427-4256
FELN No. 36-295-9993'
5 i n7T L;a
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T A;/C DLL USIO N/DE'SA••RNI ANT AFFIDAVIT
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State of — i q , z 5s.
County of Cook
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(-;her I cc Cc l r oT,at , being first duly sworn, deposes and says:
That s/he is Assistant Secretary • 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 5/33E-3 or 5/33E-4, as
amended; and, no collusion or agreement.amono other bidders or prospective bidders to bid a fixed price
or otherwise restrain freedom of competition by aoreement has taken place; and, bidder is not delinquent
in the payment of any tax administered by ihe.11linois 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 swopto
b fore me this l s'oay of .
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Signature of-Bidder, if a corporation: P-4 ' mm ssion -x ir,
io
President
/r/ c ./1ts%.1 '-- :,.z.n2:..'.wt� r+�
�V �. .Cy,` "OFFICIAL
AsslstantSecretary � P<E�v �IvtlTr G?�y 11
) PUD ,
C^ Sal Ali E UIREE Gb/21
hl 1-
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).__TBIT 4b
T AX/C OLL USIO N/D_BARM =_N i AFFID I
State of Illinois ss. •
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County of Cook
Richard Car iso_7 being ing first duly sworn, deposes and says:
• Thai s/he is the President • of the firm of the party
making the foregoing bid and that the bidder is not barred from contracting wit any unit or local
government as a resufi of a-violation of 720 Compiled Statues, Section 5/33E-3 or 5/33E-4, 2S
• amended; and, no collusion or agreement among other bidders orprgspective bidders io bid a fired price
or Otherwise restrain freedom of competition-by agreement has taken place; and, bidder is not delinquent
• -in the payment of any tax administered by the Illinois Depart-nent of Revenue unless here is a pending
proceeding contesting the tax.
Signature of Bid der, if an individual: • •
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.Signature of Bidder,-if a partnership: •
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Subsc ribed and sworn to
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• before me this -7"H-day cf �:'
�wv
A :, -2003 X OFHC,AL SEAL
JANE HOPE
Sigg;:a-cure of Bi ' er,I if a corporation: My commission expires: g NDT'�°} PUBLIC, STATE OF ILLIh10lS
/o r F t h0?Y C",+t1 hkISSION EXPIRES:10/18p3
/•l jl v f .':c,!tll�titttcAC-�F+.F?ti.°�hhtc_•
President . `-1 • •
Secretary •
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FX IBTT
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BIr)DER'S EMPLOYEE UTU7.IZATION FORM
This report is required by the City of Elgin and must be submitted before the contract can be awarded.
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Chapter 3.1 2.1000 Affirmative A.ction - City Contracts
•
1. Name and Address of Bidder Description of Project
Corporation for Open Lands (CorLands) Open Space Planning
25 N. Washing ton-1650
Chicago . T L 60602
JOB Total • Whites Blacks Hispanics Asians or American Minoriy Female
CATEGORIES Employees Pacific Indians (M&.F) (All
Islanders Categories) •
M / F M / F M / F M / F M / F
•
Example: l S 3 5 3 2 4 l 55.6% 44.4%
Managers 00/38) (8/3s)
•
T15rFrtnr� `_ ! 3 1 i I 0% 25%
Sr,Pr ia1 i 7 11 I 1 •
I I 1 I 50% 100%
1 1 _ 1007 i0
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-T I _
TOTALS . 7 3 2 • •
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&inature of,"Col'N-ny Oictal Title Telephone Number Date Signed Page 1
4f7*1 Executive 312-427-4256 8/7/03 of 1
Director •
2 / /=-'gave you ever been awarded a bid by the City of Elgin? •
Yes _ }; No
3. If the answer to question :12 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.
1f the statistical data provided above shows underutiliza Lion of manor ities and/or fern ales,please submit,
according to the guideline provided in the attached document, a written commitment to provide equal
employm ent opportunity.
NOTE: in the even! 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.
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EXx1-3 6
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City of Elgin, Illinois,
Sexual Harassment - - Policies and Programs
• Tiffective July 1, 1993, every party to any contract with the City of Elgin and every eligible bidder is required to have
written sexual harassment policies that include, at a minimum, the following information:
•
the illegality of sexual harassment
the definition of sexual harassment under state law
• - a description of sexual harassment, utflizing examples
a vendor's internal complaint process including penalties:
• the legal recourse, investigative and complaint process available through the Illinois Department of.
•
Human Rights, and the Illinois Human Rights Commission
directions on how-to contract the department and commission •
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 fourth above, and I hereby agree to furnish the City of Elgin - Human Resources
Departinent with a copy of these policies if they so req t ee��st. �! '
•
• Signature/Title ( `/ •✓ 7-Ain
Company Co - orati- n for 0-pen Lands- (CorLands) •
• •
Date 8/7/03- •
.. .
Sexual harassment is defined as follows:
"Sexual harassment",means anvun-welcome sexual advances or requests for sexual favors or any conduct of
"asexual natt_re•when (I) submission to such conduct is made either explicitly or implicitly a tenth or condition of an •
individual's employment. (2) submission to or rejsetion of such conduct by an individual is used as a basis for
employm ent decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating en-intimidating, hostile,or offensive working •
environm cot.
• Any questions by�ontr-acting parties.or eligible bidders concerning compliance with these requirements should be
directed to the City of Elgin. - HumanResources Department at (84 7) 931-56)8.
I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all liability, loss Or
• damage including costs of defense or claim, demands,costs of judgemect against it arising from any sexual .
harassment corn plaint resulting from the act of any-member of roy organization in the performs nce of this
contract.
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signature/Title L ,� ( / l ;1 r�;i�,��A
Company Coraoi��ion for Oren Lands (CorLands)
Date 8/7/03
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8/4/2003
SEXUAL HARASSM KNT
POLICY
OF THE :CORPORATION FOR OPEN LANDS
(CORLANDS) •
STA i'EiY[F.NT OF POLICY •
CorLands is committed to maintaining environment that encourages and.fosters
appropriate conduct among colleagues and respect for individual values and
sensibilities. Accordingly, CorLands' officers and administration are committed to ,
• enforcing its Sexual Harassment.Policy at all levels within the workplace creating an
environment free from discrimination of any kind; including sexual 'harassment:
• Sexual harassment, according-to the Equal Employment Opportunity Commission
_ and The Illinois Department of Human Rights and for purposes of this policy consists
•of unwelcome sexual.advances, requests for sexual_favors or other.verbal, non-verbal
e
or physical acts of a sexual or sex-basedwhere
nature, her�
(1) • submission to such conduct is made either explicitly or implicitly a teiui
or condition of an individual's employment;
(2) an employment decision affecting and employee is based on that
individual's acceptance o1 rejection of such conduct; or.
(3) such conduct interferes with an individual's work performance or creates
an intimidating, hostile or offensive working environment.
Sexual harassment can occur between men and women; or between members of the
sane gender. Such conduct is unlawful under Title Vll of the Civil Rights Act of 1964,
which prohibits employment discrimination on.the basis of race, color; sex- age,
religion or national origin. It is also unlawful to retaliate in any way against anyone
who has complained about sexual harassment or discrimination; whether that concerns
• relates to harassment of or discrimination against the individual raising the concern or
against another individual.
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_ Sexual harassment-affects the victim and other employees as well. Each incident of
harassment contributes to a general atmosphere in which everyone suffers the
consequences. Sexually-oriented acts or sex-based conduct, have no legitimate
business purpose. Where such conduct is directed by a super visor (or someone in a
management position) toward a subordinate, the former will be held to a higher
standard of accountability because of the degree of control and influence he or she has
or is perceived to have over the employment conditions and benefits of the subordinate.
• •
- 8/4/2003
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PROHIBITED CONDUCT
Prohibited acts of sexual harassment can take a variety of forms ranging from subtle
pressure for sexual activity or contact or .physical contact. At times the offender may
be unaware that his or her conduct is offensive or harassing. to others. Examples of
conduct which could be considered sexual harassment include •
(a) persistent or repeated unwelcome flirting, pressure for dates, sexual
comments or touching
(b) sexually suggestive jokes; gestures or sounds directed toward
another or sexually oriented or degrading comments about another;
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(c) preferential treatment of an employee, or a promise of preferential
• • • treatment to an employee, in•exchange for dates or sexual conduct; • • • .
or the denial or threat of denial of employment, benefits or .
advancement for refusal to consent to sexual advances.
(d) the open display of sexually oriented pictures, posters, or other
• material offensive to others;
•
(e) Retaliation against an individual for reporting or •
complaining about sexually harassing
conduct-
•
All employees are encouraged to express displeasure at any conduct which . _
• might be sexually harassing, to tell the individual engaging in the conduct that it is
unwelcome, to report that conduct, and to use the complaint procedure set forth in this
•
policy.
•
frf
CONEPLAtNTT PROCEDURE .
While CorLands encourages individuals who believe they are being harassed to firmly
and promptly notify the offender that is or her behavior is unwelcome, the village also
recognizes that power and status disparities between an alleged harasser and a target may
make such a confrontation ontation impossible. In the event that such informal, direct
communication has occurien, the following steps should be taken to report a sexual
harassment complaint.
•
8/4/2003
Reporting of Incident: All employees are urged to report any suspected sexual
harassment by another employee to the Executive Director except where that person is
the individual accused of harassment. In that case; the complaint should be reported
to the President. If the aggrieve employee or other complainant prefers to report the
suspected harassment to someone of the opposite _gender from that of the Executive
Director, the complaint can be reported to the General Counsel. The report may be
made initially either orally or in writing, but reports made orally must be reduced to
writing before an investigation can be initiated.
B. Investigation of Complaint: When a complaint has been reduced to writing the
Execlltive Director or the individual informed pursuant to paragraph A above will
initiate an investigation of the suspected sexual harassment within five (5) working
• days of notification: If necessary the Executive Director may designate_another.
supervisory management employee of the opposite sex:to assist:him/her or the
alternate individual in paragraph A in the investigation. If the Executive Director is
the subject of the investigation, the investigation will be conducted by the General
Counsel. The investigation will include an interview with the employee(s) who made
the initial report, the person(s) towards whom the suspected harassment was_directed.
and the individual(s) accused of the harassment. Any person who may have
•
information regarding the alleged sexual harassment may also be interviewed.
C. Report: The Executive Director or designated person responsible for investigating the
•
complaint shall prepare a written report within ten (10) working days form
notification of the suspected harassment unless extenuating circumstances prevent -
him/her fora doing so. The report shall include a finding that sexual harassment
•
occurred, sexual harassment did-not occur, or there is inconclusive evidence as to
whether sexual harassment. occurred. A copy of the report will be given to the
employee(s) who made the initial report, the employee(s) to whom the suspected
harassment was directed, and the employee(s) suspected of the harassment. .
•
D. Records: Confidentiality: Employees who report incidents of sexual harassment are
encouraged to keep written notes in order to accurately record the offensive conduct.
Every erfor tt shall he made to keep all matters related to the investigation arid various
reports confidential. in the event of a lawsuit, however, CorLands advises that records
it maintains and the complainant maintains may not be considered privileged from
disclosure. Written records will-be maintained for years from the date of the
resolution unless new circumstances dictate that the file should be kept for a longer
period of time.
E. Appeals Process' if either parry directly involved in a sexual harassment investigation
is dissatisfied with the outcome Or resolution, that individual has the right to appeal
the decision. The dissatisfied parry should sllbmit his/her written comments in a
timely manner to the President.
3
•
8/4/2003
Iv
•
DIS CTTLLKE/SANCTIONS
Disciplinary action will be taken against any employee found to have engaged in sexual
harassment of any other employee. The extent of sanctions may depend in par i upon the .
length and conditions of employment of the particular employee and the nature of the
offense. CorLands has the right to apply any sanction or combination of sanctions, up to
and including discharge, to deal with unreasonable conduct or discrimination. Where a
hostile work environment has been found to exist, the CorLands will take all reasonable
steps to eliminate the conduct creating such an environment
•
EDUCATION/1K LnTG
•
Education and training for employees at each level of the work force are critical to the
success of the CorLands' policy against harassment. The sexual harassment policy will
be. sent to all employees.
Education and training include the following components: •
•
1, As part-of general orientation, each recently hired employee will be given.a copy
. of and requested to read and.sign a receipt for the CorLands',policy statement on
sexual harassment so that they are on notice to the.staridards of behavior
expected. . •
2. For all employees with supervisory authority over other employees,.and all .
• employees working in a:managerial capacity. All supervisory personnel will
participate in an annual training session on sex discrimination. At least one-third
of each session will be devoted to education about workplace sexual
harassment, including training as to exactly what types of remarks, behavior_and
pictures will not be tolerated in the work place. Participants will be informed
that they are responsible for knowing the contents of the CorLands' sexual
harassment policy.
•
3. All employees will participate on CorLands time in any seminars that describe
workplace sexual harassment and teach strategies for resisting and preventing
sexual harassment.
•
•
•
4
8/4/2003
•
VI
LEGAL RIGHTS UNDER LAW
Any employee who bell eves•he/she has been subjected to-sexual haras lent has he right
to file a complaint with the Illinois Department of Human Rights, :COO-West Randolph
- Street, Chicago,.Illinois 60601; (312) 81=;-6245 and/or the Equal Emnlnyment
•
Opportunity Commission, 500 West Madison, Suite 2800, Chicago, T1fnois 60661; •
(312)3 53-2713. The Illinois Human Rights Act provides that comp)?..izi7 s of harassment
must be filed within 180 days of the alleged incident. A complaint wwitt.the EEOC must
• be filed within 300 days of the alleged incident. It is also a violation:o Section 6-101 of
the Illinois Human Rights Act to retaliate against an employee for opposing or
complaining about conduct believed to be a violation of the Act.
NOTE: CorLands' reserves the right to amend the policy from time.totime.
•
•
•
•
•
•
3
11111
`0OF f<C
f ,~ City of Elgin Agenda Item No.
4
a
?BRAT offs E x ak__ I i
lte
October 3, 2003 G �!'R' il'
coif; Hi 1
TO: Mayor and Members of the City Council int
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES.
FROM: David M. Dorgan, City Manager AND OWLFTYINFRASTRUCTURE
Mark Biernacki, Community Development Group Director
SUBJECT: Professional Services Agreement with Corlands, Inc.
PURPOSE
This is to provide the Mayor and members of the City Council
with information to consider entering into a professional
services agreement with Corlands, Inc.
BACKGROUND
• Corlands is a non-profit group affiliated with the Open Lands
Project . This organization works with local governments on open
space and conservation issues . Corlands is widely known as the
leader -in sensitive land planning and open space acquisition
issues in the Chicago metropolitan region.
With this agreement, Corlands would identify and make
recommendations on various open space needs and issues in our
Far West Area . The report will focus on the following:
1 . Existing and future parkland shortages, open space
shortages, targeting potential properties for acquisition,
developing recreational amenities, greenways development,
etc .
2 . A series of recommendations and visual/graphic examples on:
a . Open space needs
b. Recommended plans, rails, and open space
c. Annexation strategy for managed development
d. Community preservation
e . A strategy wherein open space areas are used to
complement and facilitate urban and municipal
• development patterns
i
Professional Services Agreement with Corlands, Inc.
October 3, 2003
Page 2 •
f. How open space and public land areas can be allowed to
be integrated into and become a part of the urban
development pattern.
g. How to utilize such information to educate other
regional governments and agencies of the relationship
between municipal growth and open space and public
land area.
This is an important, _ yet possibly sensitive issue. Many
interest groups and county agencies will be a part of the review
and public hearing process leading up to the adoption of this
report' s findings . Given this likely scenario, it is important
that a group with the applicable experience and credibility of
Corlands be hired to present these types of options and
alternatives . As such, it is recommended that Corlands be hired
for the $16, 000 contract amount without following the formal RFP
process .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None 010
FINANCIAL IMPACT
The cost of the agreement with Corlands will total $16, 000 .
There are sufficient funds ($62, 730 . 45) available in the General
Fund, account number 010-6902-719 . 89-02, Special Projects to
fund this agreement .
LEGAL IMPACT
The proposed agreement would require an exception to the
procurement ordinance .
ALTERNATIVES .
1 . Enter into this agreement with Corlands .
g
2 . Do not enter into this agreement at this time.
i
Professional Services Agreement with Corlands, Inc.
• October 3, 2003
Page 3
RECOMMENDATION
It is recommended that the City of Elgin enter into this
professional services agreement with Corlands, Inc.
Respectfully submitted for Council consideration.
MTB/sr
Attachments
•
S
•
a r
Professional Services Agreement
THIS AGREEMENT is made and entered into this day of , 2003
by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City"), and the Corporation for Open Lands (CorLands), an Illinois not-for profit
corporation with an office at 25 E. Washington-1650, Chicago, Illinois, Illinois (hereinafter
referred to as "Consultant").
Whereas, the City has determined it to be in its best interests to obtain the assistance of
a Consultant concerning the preparation of a open space plan for west Elgin (the
"project"),
Whereas, Consultant is experienced in the preparation of open space plans and desires
to render Consultant services to the City,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained,
herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Scope of Work
Consultant shall perform and direct the necessary qualified employees to perform the
services of Scope of Services proposal, a copy of which is attached hereto and made a
part hereof as Exhibit 1.
2. Time Schedule and Term
Consultant shall perform and complete various tasks within a four-month timeline. The
services of the Consultant will begin upon delivery to the Consultant of an executed copy
of this agreement, and shall, absent causes beyond the reasonable control of the
Consultant, be completed within said timeline. The completion of services by the
Consultant shall be, among other things, contingent upon the timely receipt of the
services, data, and other reports described in Exhibit 1, Scope of Services and upon the
timely conduct by the client of meetings and decisions required for its purposes in the
execution of Exhibit 1. If the required reviews are not provided in a timely manner, or if
the City requests that Consultant perform extra work not now included in Exhibit 1, the
Consultant, if agreed to by the client, may suspend work on the project or a portion of
the project, and may extend the period of time allotted to perform the services identified
1