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02-20 Resolution No. 02-20 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARKETPLACE MEDIA GROUP, INC. FOR MARKETING SERVICES FOR THE HIGHLANDS OF ELGIN GOLF COURSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Marketplace Media Group, Inc . for phase one marketing services for the Highlands of Elgin Golf Course, a copy of which is attached hereto and made a part hereof by reference . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 23 , 2002 Adopted: January 23 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ° ,00"*., 1, Agenda Item No. 0 - /‘,t City of Elgin n ti� gT[o � E s t ' RFE�. G fi L tin 4 . ty J•. January 4 , 2002 '` ' .. E, N 'ry TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANO CULTURAL Orr ORTUNIT ICS FOR ALL CITIZENS FROM: Joyce A. Parker, City Manager SUBJECT: The Highlands of Elgin Golf Course Marketing 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 Marketplace Media Group, Inc . , for phase one marketing services for the Highlands of Elgin Golf Course . BACKGROUND em. In July 2001, 12 marketing and advertising firms were solicited through the Request for Proposals process to assist us in the development and implementation of a comprehensive marketing plan for The Center. These same firms were again solicited or approached to assist us in the development and implementation of a comprehensive marketing plan for The Highlands of Elgin Golf Course . The project is broken into two phases as follows : • Phase I - Develop logo/theme, marketing strategies/goals of marketing plan and procedures, Develop two-year marketing communications plan to guide the implementation of strategies to create awareness and repositioning of The Highlands of Elgin Golf Course, develop a consistent image for all non paid marketing efforts as they relate to othea conduct a best practices review a nd anal Y ss to learn successful programs implemented by similar facilities . • Phase II - Implementation of marketing plan (to be contracted following the completion of phase I) . eft. rik The Highlands of Elgin Golf Course Marketing January 4 , 2002 Page 2 Four firms responded to the Request for Proposals and presentations were made to staff by each firm on August 28 , 2001 . Marketplace Media Group of Elgin was selected as the leading firm for the project . The contract for Marketplace Media to perform the Phase I marketing plan development for The Highlands of Elgin Golf Course is attached which outlines ase more The the completion schedule work totals $8 , 213 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Golf Course Project Leadership Team recommends approval . .eitFINANCIAL IMPACT Sufficient funds are available in the 2002 Parks and Recreation Golf Administration budget in the Contingencies Account number 540- 5801-775 . 84-01 to cover the $8 , 213 . It is estimated that $110 , 000 will be required to I Phase II . Courses operating funding ing budgetwill budgeted for Phase few be evaluated to determine any available funding. AL IMPACT None . 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 an agreement with Marketplace Media Group, Inc . , for Phase I marketing services for The Highlands of Elgin Golf Course at a cost not to exceed $8 , 213 . Respectfully submitted, Joyce`A. Parker City Manager tow MM Attachment AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of January, 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and Marketplace Media Group, Inc., an Illinois corporation(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 Highlands Golf Course (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. Design, develop and submit to the City for approval Logo and Theme for all aspects of marketing for The Highlands of Elgin Golf Course. These would include all applications such as standard marketing materials, informational brochures, letterhead and envelopes, retail merchandise and web site coordination. 2. Develop and submit to the City for approval strategy and goals of marketing plan and procedures. This shall include breakdown of media vehicles (advertising, print media, direct mail, media relations, E-Mail, radio, TV and other creative strategies to build awareness) with cost estimates. Develop and submit to the City for approval alternates of marketing options as they relate to timing over the course of two year. 3. Develop and submit to the City for approval a two-year marketing communication plan to guide the implementation of strategies to create awareness and repositioning of The Highlands of Elgin Golf Course. Develop and submit to the City for approval a menu of marketing options with estimated costs for development, production, printing, distribution and air time to consider for the 2002 budget. Plan to include proposed implementation timelines, estimated cost, specific marketing strategies (advertising, print media, direct mail, media relations, E-Mail, radio, TV and other creative strategies to build awareness). 4. Work with Parks and Recreation Department to develop the consistent image for all non paid marketing efforts as they relate to Public Relations. 5. Conduct a best practices review and analysis to learn of other successful programs implemented by similar facilities. • Page 3 II. PROGRESS REPORTS A. An outline project milestone schedule is as follows: January 23, 2002 City Council approves contract March 29, 2002 Logo Development complete Theme Development complete Marketing Plan complete PR Strategies complete Non paid marketing efforts plan complete April 30, 2002 Strategies, goals and procedures complete Best Practices Review and Analysis complete May 22, 2002 Phase II (Marketing Plan Implementation) B. A detailed schedule for the Project is included and made a part hereof as Attachment A, attached hereto. Progress will be recorded on the project schedule 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 any agreement between the CITY and the CONSULTANT for such Phase II services shall require a separate written agreement for such phase 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, Page 4 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 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 Eight Thousand Two Hundred and Thirteen Dollars ($8,213), regardless of actual time expended or costs incurred by the CONSULTANT unless SUBSTANTIAL modifications to the project are authorized in writing by the City. 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 A, 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. Page 5 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 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 Page 6 within fifteen(15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. 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 naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation Page 7 assumed by the CONSULTANT under Article X entitled "Indemnification" shall be provided. 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, Page 8 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. 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. XVI. 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. 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 Page 10 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, 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. A copy of the policies must be provided to the Department of Human Rights upon Page 11 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 HAHNE 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 By a I City Clerk City Manager (SEAL) For the CONSULTANT: Dated this l b day of /Ay.)U A , A.D., 2001. ATTEST: MARKETPLACE MEDIA GROUP, INC. Bpi 6�� By 1h14.---- - Secretary President (SEAL) ATTACHMENT "A" 2002 V E R S I O N T Y G O L F C O U R S E OMMUNICATIONS PLAN BUDGET Jan Feb Nov Dec Total By Item Logo Design & Development 1,235 Logo/Graphic Standard 285 Presentation Boards 48 Strategy, Goals & Procedures 2,375 Comprehensive - Plan 1,900 Non-Paid PR Plan 850 Practice Review 1,520 mss'.sk` :.? � ...._ ..a.::.. :w.. .:. ...... _ _.......�........ ...... . . . �:-,:.:.. .:'i'