HomeMy WebLinkAbout08-240 Resolution No. 08-240
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE ELGIN AREA CHAMBER OF COMMERCE
FOR A FUTURE BRANDING AND MARKETING CAMPAIGN
FOR THE ENHANCING ELGIN COMMITTEE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with the Elgin Area Chamber of
Commerce for a future branding and marketing campaign for the Enhancing Elgin Committee, a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 22, 2008
Adopted: October 22, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
2008, byand
THIS AGREEMENT is made and entered into this v� day of
between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")
and the ELGIN AREA CHAMBER OF COMMERCE, an Illinois not-for-profit corporation,
(hereinafter referred to as the"CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services
in conjunction with the enhancing Elgin program(hereinafter referred to as the"PROJECT"); and
WHEREAS,the CITY has determined to procure the services for the PROJECT as described herein
through the CONSULTANT'S enhancing Elgin committee.
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 act for and
represent it in the matters involved in the PROJECT as described in this Agreement, subject to the
following terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
•
A. All work hereunder shall be performed under the direction of the City's City Manager
or his designee(hereinafter referred to as the"SUPERVISOR").
B. CONSULTANT shall provide the CITY research, brand strategy, messaging,
planning/consultation,visual identity and campaign concept development services for
the PROJECT through CONSULTANT'S contract with Moveo Integrated Branding
as set forth in CONSULTANT'S agreement with Moveo Integrated Branding
attached hereto as Exhibit A.
2. SCHEDULE
The CONSULTANT shall provide the services for the PROJECT to the CITY as described
herein commencing with the entry and execution of this Agreement and shall complete same
within six (6)months thereof.
3. WORK PRODUCTS
All work products prepared by the CONSULTANT pursuant hereto,and all work products
prepared by Moveo Integrated Branding pursuant to the agreement attached hereto as Exhibit
A including,but not limited to,reports,designs,calculations,work drawings,plans,design
documents, renderings, studies, photographs, models and recommendations shall be the
property of the CITY and shall be delivered to the CITY upon request of the SUPERVISOR
provided,however,that the CONSULTANT may retain copies of such work products for its
records.
4. PAYMENTS TO THE CONSULTANT
A. For services provided by the CONSULTANT through the agreement with Moveo
Integrated Branding attached hereto as Exhibit A,the CITY agrees to pay total fees
and costs not to exceed Seventy-five Thousand Dollars($75,000)regardless of the
actual time expended or the actual costs incurred by the CONSULTANT or Moveo
Integretated Branding,or any of their sub-consultants,which such total fees and costs
not to exceed Seventy-Five Thousand Dollars ($75,000) to be paid as follows:
research-$20,000; brand strategy-$10,000; messaging-$5,000; brand/consultation-
$10,000;visual identity-$15,000;and campaign concept development-$15,000. All
of the CONSULTANT'S expenses and costs for the PROJECT are included within
such not-to-exceed total amount of Seventy-five Thousand Dollars($75,000).
B. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within 30 days after receipt and approval of invoice. Full payment for each
task shall not be made until the task is completed and accepted by the
SUPERVISOR.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
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 and its
subconsultants 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.
6. 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 termination, except that
reimbursement shall not exceed the amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT are given a notice
to proceed and unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the 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.
8. 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 SUPERVISOR relative to a claim submitted by the
CONSULTANT, all work required under this Agreement as determined by the
SUPERVISOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
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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.
10. 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, attorneys fees, damages or other
relief,including but not limited to workers compensation claims,in any way resulting from
or arising out of negligent actions or omissions of the 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. The provisions of this paragraph shall survive any completion,expiration
and/or termination of this agreement.
11. NO PERSONAL LIABILITY
No official, SUPERVISOR, officer, agent or employee of the CITY shall be charged
personally or held contractually liable under any term or provision of this Agreement or
because of their execution, approval or attempted execution of this Agreement.
12. INSURANCE
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 SUPERVISOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30)days prior written notice to the SUPERVISOR.
CONSULTANT'S indemnity obligations herein shall not be limited by the amount or
coverage of its Commercial General Liability insurance.
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 prorated,it shall be endorsed
to be primary with respect to the CITY.
P rY P
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance coveringnon-owned and hired motor vehicles with limits of not
owned,
all
per occurrence for damage to
less than$500,000 property.
P Perty.
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.
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13. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color, creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
20. 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.
21. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
SUPERVISOR,nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the SUPERVISOR prior to said
documentation becoming matters of public record.
22. COOPERATION WITH OTHER CONSULTANT
The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any
work associated with the PROJECT.
23. 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.
24. 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,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
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A copy of the policies must be provided to the Department of Human Rights upon request
775 ILCS 5/2-105.
25. SUBSTANCE ABUSE PROGRAM
As a condition of this Agreement, CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the SUPERVISOR prior to the entry into and execution of
this Agreement.
26. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONSULTANT shall comply with all applicable Federal,State,City and other requirements
of law,including,but not limited to,any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all
CONSULTANT'S employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work,and/or the products and/or services to be provided for in this Agreement. The CITY
shall have the right to audit any records in the possession or control of the CONSULTANT to
determine CONSULTANT'S compliance with the provisions of this section. In the event the
CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the
CONSULTANT'S relevant records at no cost to the CITY.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the
SUPERVISOR and to other participants which may affect cost or time of completion, shall
be made or confirmed in writing. The SUPERVISOR may also require other
recommendations and communications by the CONSULTANT be made or confirmed in
writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY:
Cherie Murphy,Marketing Officer
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
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With a copy to:
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to CONSULTANT:
Leo Nelson,President
Elgin Area Chamber of Commerce
31 S. Grove Avenue
P. O. Box 648
Elgin,Illinois 60120
IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement as of
the date and year first written above.
FOR THE CITY: FOR THE CONSULTANT:
By ELGIN A C O O RCE
City an er-
By:
Attest: Its � q\,S.i
c"\A
City Clerk
F:\Legal Dept\Agreement\Chamber of Commerce-Enhancing Elgin-WAC-9-26-08.doc
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AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2008, by and
between the ELGIN AREA CHAMBER OF COMMERCE, an Illinois not-for-profit corporation,
(hereinafter referred to as "EAC") and MOVED INTEGRATED BRANDING, INC., an Illinois
corporation (hereinafter referred to as the "CONSULTANT").
WHEREAS,EAC desires to engage the CONSULTANT to furnish certain professional services in
conjunction with the enhancing Elgin program(hereinafter referred to as the "PROJECT"); and
WHEREAS,CONSULTANT represents that it has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth below.
NOW, THEREFORE, it is hereby agreed by and between EAC and the CONSULTANT that EAC
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 act for and
represent it in the matters involved in the PROJECT as described in this Agreement, subject to the
following terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of EAC'S President or his
designee(hereinafter referred to as the"SUPERVISOR").
B. CONSULTANT shall provide EAC the research, brand strategy, messaging,
planning/consultation,visual identity and campaign concept design services for the
PROJECT as outlined in Exhibit A attached hereto and made a part hereof by this
reference.
2. SCHEDULE
The CONSULTANT shall provide the services for the PROJECT to EAC as described herein
commencing with the entry and execution of this Agreement and shall complete same within
six (6)months thereof.
3. WORK PRODUCTS
All work products prepared by the CONSULTANT pursuant hereto but not limited to,
reports,designs,calculations,work drawings,plans,design documents,renderings,studies,
photographs, models and recommendations shall be the property of the City of Elgin and
shall be delivered to EAC or the City of Elgin upon request of EAC or the City of Elgin
provided,however,that the CONSULTANT may retain copies of such work products for its
records.
4. PAYMENTS TO THE CONSULTANT
A. For services provided by the CONSULTANT,EAC agrees to pay total fees and costs
not to exceed Seventy-five Thousand Dollars($75,000)regardless of the actual time
expended or the actual costs incurred by the CONSULTANT, or any of its sub-
consultants, which such total fees and costs not to exceed Seventy-Five Thousand
Dollars($75,000)to be paid as follows: research-$20,000; brand strategy-$10,000;
messaging-$5,000; brand/consultation-$10,000; visual identity-$15,000; and
EXHIBIT
A
campaign concept development-$15,000. All of the CONSULTANT'S expenses and
costs for the PROJECT are included within such not-to-exceed total amount of
Seventy-five Thousand Dollars ($75,000).
B. EAC shall make periodic payments to the CONSULTANT based upon actual
progress within 30 days after receipt and approval of invoice. Full payment for each
task shall not be made until the task is completed and accepted by the
SUPERVISOR.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by EAC.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of EAC to
inspect and audit all data and records of the CONSULTANT and its subconsultants
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.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,EAC 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 termination, except that
reimbursement shall not exceed the amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT are given a notice
to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date EAC 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 EAC may have or thereafter acquire with respect to any term or
provision of the Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by EAC, 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 EAC and the CONSULTANT.
Regardless of the decision of the SUPERVISOR relative to a claim submitted by the
CONSULTANT, all work required under this Agreement as determined by the
SUPERVISOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party,by reason of any default, fails within fifteen(15) days after
- 2 -
notice thereof by the other party to comply with the conditions of the Agreement, the other
party may terminate this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted bylaw,CONSULTANT agrees to and shall indemnify,defend
and hold harmless EAC, its officers, employees, agents,boards and commissions from and
against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the 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 EAC, its
officers, employees, agents, boards or commissions, covered bythe foregoing duty
g g to
indemnif
y, defend and hold harmless such action shall be defended by legal counsel of
EAC'S choosing. The provisions of this paragraph shall survive any completion,expiration
and/or termination of this agreement.
11. NO PERSONAL LIABILITY
No official, SUPERVISOR,officer, agent or employee of EAC shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
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 SUPERVISOR a Certification of Insurance
naming EAC as additional insured. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the SUPERVISOR.
CONSULTANT'S indemnity obligations herein shall not be limited by the amount or
coverage of its Commercial General Liability insurance.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to EAC. 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 prorated, it shall be endorsed
to be primary with respect to EAC.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits ofnot
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liabilityand auto exposures maybe met with a combined single limit of
p g
$1,000,000 per occurrence subject to a $1 000 000 aggregate.
J
D. Professional Liability. The CONSULTANT shall carry 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
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insurance shall be submitted to the SUPERVISOR as evidence of insurance
protection. The policy shall not be modified or terminated without thirty(30) days
prior written notice to the SUPERVISOR.
13. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race, color, creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by EAC.
14. 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 EAC.
15. 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 EAC
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 EAC'S advanced written approval.
16. 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.
17. 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.
18. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
- 4 -
19. 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.
20. 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.
21. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
SUPERVISOR, nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the SUPERVISOR prior to said
documentation becoming matters of public record.
22. COOPERATION WITH OTHER CONSULTANT
The CONSULTANT shall cooperate with any other consultants in EAC'S employ or any
work associated with the PROJECT.
23. 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 5133E et seq.or any similar state or federal statute regarding
bid rigging.
24. 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,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
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A copy of the policies must be provided to the Department of Human Rights upon request
775 ILCS 5/2-105.
25. SUBSTANCE ABUSE PROGRAM
As a condition of this Agreement, CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the SUPERVISOR prior to the entry into and execution of
this Agreement.
26. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and understood
that in connection with the performance of this Agreement that the CONSULTANT shall
comply with all applicable Federal, State, City of Elgin and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing,CONSULTANT hereby certifies,represents and warrants to the City of Elgin that
all CONSULTANT'S employees and/or agents who will be providing products and/or
services with respect to this Agreement shall be legal residents of the United States.
CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this Agreement. The CITY
shall have the right to audit any records in the possession or control of the CONSULTANT to
determine CONSULTANT'S compliance with the provisions of this section. In the event
EAC proceeds with such an audit the CONSULTANT shall make available to EAC the
CONSULTANT'S relevant records at no cost to EAC.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the
SUPERVISOR and to other participants which may affect cost or time of completion, shall
be made or confirmed in writing. The SUPERVISOR may also require other
recommendations and communications by the CONSULTANT be made or confirmed in
writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to EAC:
Leo Nelson,President
Elgin Area Chamber of Commerce
31 S. Grove Avenue
P. O. Box 648
Elgin, Illinois 60120
- 6 -
•
B. As to CONSULTANT:
Moveo
1 Parkview Plaza
Suite 150
Oakbrook Terrace, Illinois 60181
IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement as of
the date and year first written above.
FOR EAC: FOR THE CONSULTANT:
ELGIN AREA CHAMBER OF COMMERCE MOVED INTEGRATED BRANDING,INC.
By: By:
Its: Its
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October 2, 2008 Itiqt NORTHWEST
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Cherie Murphy, Marketing Officer
SUBJECT: Elgin Area Chamber of Commerce Enhancing Elgin Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider entering into an agreement with the Elgin Area Chamber of Commerce
to fund preliminary consulting work for a future branding and marketing campaign through the
Chamber of Commerce Enhancing Elgin Committee in the amount of$75,000.
RECOMMENDATION
It is recommended that the City Council approve an agreement with the Elgin Area Chamber of
Commerce to fund preliminary consulting work for a future branding and marketing campaign
through the Chamber of Commerce Enhancing Elgin Committee in the amount of$75,000.
BACKGROUND
Nearly seven years ago, The Enhancing Elgin Committee of the Chamber of Commerce
partnered with the City to change and "enhance" the image of our community. Through a
Request for Proposal (RFP) process, Demi Cooper was selected to lead the efforts of a"Phase I"
advertising campaign, which lasted over five years. Throughout the five years of Phase I (July
2002-2007), the Chamber was able to leverage $478,000 of City investment with over $585,500
of private dollars and in-kind media, for a total campaign valued at nearly $1,100,000.
Meanwhile, the committee served in an advisory capacity, offering financial commitments,
community cooperation and collaboration, networking across diverse organizations, community
building skills, and general market knowledge.
While success of Phase I can not be precisely measured, various survey results show that over
the course of those five years, the campaign contributed to vast improvement of Elgin's image.
For example, in the 2007 resident survey, 81% feel the City's reputation has improved over the
last five years and 77% of Elgin residents believe the City is a better place to live than it was five
years ago. Chamber of Commerce Business retention surveys indicate that perceptions for
quality of life being"good-excellent"went from 49%in 2001 to 84%in 2006.
Because the advertising campaign had been considered a success, the committee determined that
it was time to go to "Phase II" of the campaign, which would provide for an integrated strategic
Elgin Area Chamber of Commerce Enhancing Elgin Agreement
October 2, 2008
Page 2
marketing and communications plan. Phase II would include baseline research that would
provide a more accurate tool to measure the success of the campaign in the future.
The Enhancing Elgin Committee began their search for a firm in Spring of 2007 through an RFQ
process. Seven agencies submitted proposals and through the selection process, four finalists
were selected to make presentations to the committee. With over 20 years of experience in
strategic consulting and integrated marketing, Moveo Integrated Branding, a marketing firm
from Oakbrook Terrace, Illinois, was selected by the committee as the best qualified to lead a
city wide branding effort.
In light of the current economic challenges, the Chamber has worked with Moveo to enter into
two separate contracts that will help phase the campaign over several years. An initial $75,000
contract (Attachment A) will fund preliminary research, planning and brand strategy. This initial
phase is to be completed over the period of the last quarter of 2008 - first quarter of 2009. The
Chamber has contracted separately with Moveo (Attachment B) for this phase in order to
complete the research arm of the branding effort within the funds of$75,000 already budgeted
by the City for 2008. Payments to the Chamber will be made in phases based on the work
product completed by Moveo. This phase will lay the foundation for the future campaign, while
future funding sources and levels of funding for 2009-2013 are still being determined.
Phase II branding efforts are anticipated to become a three to five year program, building on the
successes of Phase I while adding a much more comprehensive branding effort that will not only
promote Elgin's image,but promote"action" around key messages. The Chamber of Commerce
will partner with City staff to incorporate City goals and objectives and to manage the consultant
throughout the process.
The Chamber of Commerce is requesting the City make a longer-term financial commitment for
the future campaign by earmarking funds of$100,000 per year in the City's five year plan.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total cost of the agreement with the Elgin Chamber of Commerce for 2008 is $75,000.
There are sufficient funds budgeted ($75,000) and available ($75,000) in the Riverboat Fund,
account number 275-0000-791.30-99 project number 039665, "Elgin Image and Marketing".
Funding for future years of the project was not budgeted within the 2008-2012 Financial Plan.
In order to continue funding the project in future years, an already existing funded project will
need to be eliminated or postponed.
Elgin Area Chamber of Commerce Enhancing Elgin Agreement
October 2, 2008
Page 3
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to fund the Enhancing Elgin branding campaign for 2008
in the amount of$75,000.
2. The City Council may choose not to fund the Enhancing Elgin branding campaign for
2008 in the amount of$75,000.
Respectfully submitted for Council consideration.
CM
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