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11-76 Resolution No. 11-76 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEVEN GENERATIONS AHEAD 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 Sean R. Stegall, 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 Seven Generations Ahead for promoting the City of Elgin's sustainability efforts in connection with the GreenTown 2011 Event, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2011 Adopted: April 27, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk • AGREEMENT THIS AGREEMENT is made and entered into this 27th day of_ A_pri1 , 2011, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Seven Generations Ahead, an Illinois not-for-profit corporation (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the GreenTown Elgin 2011 Event (hereinafter referred to as the "PROJECT"); and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and organizations 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: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Community Development Director of the CITY or his designee, herein after referred to as the "DIRECTOR". B. The CONSULTANT shall perform the services for the PROJECT as outlined in Attachment A attached hereto and made a part hereof. 2. PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. B. 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. 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. Consultant and A5 Group, Inc. are owners of the phrase "GreenTown: The Future of Community." Consultant and A5 have produced events in the past and will produce events in the future similar to the Project using the same and related phrases and other intellectual property, which they will utilize at the Project and which they will continue to own. Nothing contained herein shall transfer any ownership rights in the intellectual property of Consultant or A5 to the City. Consultant and A5 will continue to employ the manner and methods of production for other events that will be used in the Project. 4. PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum of Twenty-five Thousand Dollars ($25,000), regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the DIRECTOR. B. The CITY shall pay to the CONSULTANT such fees as follows: Twelve Thousand Five Hundred Dollars ($12,500) within fourteen (14) days of the entry into this Agreement; and Twelve Thousand Five Hundred Dollars ($12,500) on or before May 13, 2011, which represents fourteen (14) days following the CONSULTANT providing all of the services to be provided by the CONSULTANT for the PROJECT pursuant to this Agreement as well as Attachments A and B. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2B above) will be included with all payment requests. B. 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 one (1) year after termination of this Agreement. 6. INTENTIONALLY OMITTED 7. TERM - 2 - 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 Paragraph 6, shall be deemed concluded upon delivery of the PROJECT as outlined on ATTACHMENT B. 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 this 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 fifteen (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. 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 notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the local Government Prompt Payment Act, as amended, (50 ILCS 501/1, et seq.) or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). Additionally, CONSULTANT shall not be entitled to, and hereby waives, any and all rights that it may have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its officials, officers, employees, agents, attorneys, boards and commissions, and other affiliated entities or persons of any nature whatsoever in whatever form after two (2) years from the date of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless 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 in connection herewith, including - 3 - 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, 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 expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY or CONSULTANT 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 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 assumed by the CONSULTANT under Paragraph 10 entitled "Indemnification" shall be provided. B. 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. C. Professional Liability. The CONSULTANT shall carry CONSULTANT'S Directors and Officers Employment Practices 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. 13. INTENTIONALLY OMITTED 14. 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, - 4 - 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. - 5 - 20. 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. 21. 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. 22. NEWS RELEASES The CONSULTANT may not issue any news releases outside of those outlined in Attachment B without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 24. 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. 25. 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; - 6 - 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 shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. 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 City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. 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 the CITY: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Attention: Marc Mylott, Community Development Director With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Attention: Corporation Counsel - 7 - B. As to the CONSULTANT: Seven Generations Ahead (as fiscal agent for GreenTown) 642 South Lombard, 2nd Floor Oak Park, Illinois 60304 29. 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 paragraph. 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. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF EL//J :/f By: �Z2i�'��-t. // // ►:can Stegall, City M q ger Attest: My City Clerk CONSULTANT: SEVEN G'N�E' A TIONS AHEAD Bel' NC ccnee l T : ,e., Di'-e.c+0-,— F: Pept\Agreement\Consultant Agreement-Seven Generations.doc - 8 - ATTACHMENT A SCOPE OF SERVICES - 9 - ATTACHMENT A SCOPE OF SERVICES Services to be Provided by Consultant GreenTown: The Future of Community is designed to help create healthy,sustainable communities. The one-day experience brings together the public sector with the private sector to engage in meaningful learning, dialogue,planning—and action. Mayors and other elected officials,city managers,public works directors,park district directors, planners, developers,builders, architects, landscape architects, engineers, school leaders–and many others interested in sustainable development–gather to hear inspiring speakers, learn from been-there case studies and discuss actionable steps to make communities for eco-effective. This event showcases both national and local leaders who are at the forefront in sustainable urbanism,transit-oriented development,brownfield and riverfront re-development,green building,renewable energy, municipal food scrap recycling, zero waste schools, local food systems and more. GreenTown is co-produced by a5, a brand consultancy firm in downtown Chicago, and Seven Generations Ahead, a non-profit organization located in Oak Park, IL. The event has made its way around the Midwest, stopping in Chicago, Grand Rapids,Oak Park and Lake County,IL, I hosting only one event in 2007 and jumping to three ins 2010- and in April 2011 the event kicks off its fifth year on the banks of the Fox River in historic Elgin, Illinois. Working with the core planning team from the City of Elgin,a5 and Seven Generations Ahead will produce GreenTown: The Future of Community at The Centre in downtown Elgin on April I28,2011,with a pre-conference on April 27 in the afternoon.-We will ensure successful implementation of the event plan including: securing and managing vendors and sponsors, creating and overseeing timelines,communication event details,managing event budget and overseeing all aspects of the event. I *********************** See Attachment A for a detailed Scope of Services See Attachment B for Project Schedule - 10- Attachment A—Scope of Services Pre-Event -Secure speakers and panelists -Secure sponsors and exhibitors -Lead one advisory committee meeting on March 2 to determine final agenda -Create marketing and invitation system materials,including a direct mail postcard and multiple eblasts -Secure radio advertising with GreenSense Radio -Secure media coverage of event with a spotlight on Elgin -Communicate with The Centre and In The Neighborhood Deli to finalize details and menu -Coordinate AN needs -Coordinate travel arrangements for speakers -Negotiate discounted room rates and shuttle transportation with local hotel -Monitor budget -Collect presentation materials from all presenters -Create event program -Oversee event registration -Create attendee name badges -Coordinate and manage volunteers -Coordinate zero waste materials and services -Set up photography and videography -Secure local,craft beer donations for the Thursday afternoon microbrew review -Create event signage Day of Event -Staff event -Setup the event(tables, chairs,banners,brochures, etc.) -AN setup and troubleshooting -Provide and set up all directional signage -Handle registration table and questions -Manage photographer/videographer -Assist in teardown Post-Event -Follow up with venue,caterer and/or additional vendors on billing and payment status -Reconcile budget The City of Elgin, in addition to its sponsorship,will donate space at The Centre. THE BENEFITS OF GREENTOWN By hosting GreenTown,The City of Elgin will see the following benefits: 1. Bring more than 250 attendees together in Elgin 2. Showcase Elgin's achievements in the area of sustainability - 11 - 3. Garner extensive PR for The City of Elgin 4. Position Elgin as a dynamic 21st century city 5. Maintain eco-effective momentum in Elgin by offering knowledge, increasing awareness and providing actionable steps to take regarding current green issues 6. Connect the public and private sectors of the community - 12 - Attachment B—Project Schedule GreenTown Elgin: April 28, 2011 Elgin, Illinois Timeline Due Kickoff meeting .November 30,2010 Venue confirmation December 13,2010 Planning call January 11, 2011 Sponsor/exhibitor kit developed January 24,2011 Meeting with City of Elgin .February 1, 2011 Present agenda with speakers and price/availability Week of January 31,2011 Finalize advisory committee Week of February 7, 2011 Keynote and first draft of program determined Week of February 21,2011 Save the date prepared Week of February 21,2011 Send first save the date Week of March 1, 2011 Advisory committee mtg to select keynote/main speakers Week of March 1, 2011 Develop GreenTown post card Week of March 14,2011 Finalize conference agenda Week of March 21,2011 Speakers confirmed Week of March 21,2011 Registration live on web site Week of March 21, 2011 Post card mailing Week of March 21,2011 Speaker bios due Week of March 28, 2011 Speaker presentations due Week of March 28, 2011 Ads run Week of April 4,2011 Post program to web site Week of April 4, 2011 News release sent Week of April 11, 2011 Invite media to event .Week of April 11, 2011 Event signage created Week of April 11, 2011 Event program created Week of April 11,2011 Final e-mail campaign April/May, 2011 Sponsors/exhibitors finalized . April/May, 2011 Event set-up April 26, 2011 Pre-GreenTown event April 27, 2011 GreenTown Elgin April 28, 2011 Thank you letters to sponsors/speakers Week of May 2, 2011 - 13 - Thank you e-mail to attendees Week of May 2, 2011 Speaker presentations on web site Week of May 2, 2011 - 14- s . . iii ► REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS AGENDA ITEM: MEETING DATE: April 13, 2011 ITEM: Contract with Seven Generations Ahead and a5 to host Green Town Sustainability Conference ($25,000) OBJECTIVE: To showcase Elgin's sustainability efforts by hosting a regional Green Town Conference that will bring together the public and private sectors to engage in meaningful learning, dialogue, plan- ning and actions to help create healthy, sustainable communities RECOMMENDATION: Approve contract with Seven Generations Ahead and a5 to host a sustainability conference in the amount of$25,000 elk BACKGROUND Green Town is a one-day event promoting the creation of healthy, sustainable communities, co- produced by Seven Generations Ahead and a5. Beginning with only one event in 2007, Green Town grew to host three events in 2010. The event has been located around the Midwest in communities such as Grand Rapids, Michigan and Chicago, Oak Park, Aurora and Lake County, Illinois. Mayors and other elected officials, city managers, public works directors, park district directors, planners, developers, builders, architects, landscape architects, engineers, school leaders and many others interested in sustainable development gather to hear inspiring speakers, learn from case studies and discuss actionable steps to make communities more sustainable. Atten- dance for this event ranges from 200 to 300 participants. This event showcases both national and local leaders who are at the forefront in sustainable urbanism, transit oriented development, brownfield and riverfront redevelopment, green build- ing, renewable energy, municipal food scrap recycling, zero waste schools, local food produc- tion and more. Past events speakers have included such distinguished guests as Mayor Daley of Chicago, Robert F. Kennedy Jr. and William McDonough. OPERATIONAL ANALYSIS Green Town will kick off its fifth year in Elgin, showcasing the city as a community at the fore- front of the sustainability movement in the Midwest. This year's program is entitled Green Town: The Future of Community. The conference will be held at The Centre of Elgin on April 28, 2011. The program consists of nationally recognized guest speakers and five learning tracks of- fering several separate sessions. Registration rates are $125 for individuals and $95 for mem- bers of Illinois chapters of AIA, APA, CNU, ASLA, MELA and USGBC. Representatives of Elgin will be offered a reduced rate of$75. Distinguished guest speakers will include: • Bob Dixson, Mayor of Greensburg Kansas, which after being destroyed by a tornado, has now become environmentally and economically sustainable by utilizing the latest in renewable energy, emphasizing walkability and rebuilding all municipal structures to LEED Platinum certification. • Randall Arendt, President of Greener Prospects and noted author of "Envisioning Better Communities: Integrating Design to Create Walkable, Bikable, Green Communities." • Dr. Richard Jackson, Chair of Environmental Health Services at UCLA and produc- er/director of the PBS film entitled, "Balancing Public Space with Public Health," in which Elgin is one of the featured communities in his study of the affect of urban design on health. The afternoon sessions will feature the following tracks: Track I: Sustainability in Elgin and the Fox River Valley Track II: Local Food, Water and Waste Reduction Track III: Green Design and Build Track IV: Outdoor Spaces and Green Jobs Track V: LEED Neighborhood Development On Wednesday evening, April 27, 2011, the general public will have the opportunity to hear Bob Dixson speak at the Gail Borden Public Library. On Thursday evening, April 28, Fox River Country Day School will host a preview of the film, "Green Fire: the Autobiography of Aldo Leo- pold," with a lecture from author and filmmaker Dr. Curt Meine. Attendees of the Green Town Conference, along with the general public, will be invited to attend. The prestige and benefits associated with the city's sponsorship of this event include: 1. Showcase Elgin's achievements in the area of sustainability; 2. Position Elgin as a dynamic 21st Century city; 3. Garner extensive P.R. for the city; 4. Maintain the sustainable movement in Elgin by offering knowledge, increasing aware- ness and providing actionable steps to take regarding current green issues; 5. Connect the public and private sectors of the community; and 2 6. Engage more than 200 professional and local colleagues in the event. INTERESTED PERSONS CONTACTED An advisory committee was created, made up of representatives from U-46, Judson University, Chamber of Commerce, Downtown Neighborhood Association, Elgin Community College, Gail Borden Public Library, Davey Tree, Grand Victoria Foundation, Waste Management, Winergy and private-sector, green-related businesses. FINANCIAL ANALYSIS The $25,000 contract covers all costs associated with the event, pre-event planning and day-of- the-event activities, including speakers and panelists; securing sponsors and exhibitors; creating marketing and invitation materials sent to their data base of over 50,000 professionals; radio advertising; food; travel and hotel accommodations; event registration; and coordinating and managing volunteers. At this time, the city does not have the resources to create and manage such an event. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(5) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 276-0000-791.45-99 030180 $25,000 $25,000 Lease LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance which re- quires approval of two thirds of the city council. ALTERNATIVES The city council may choose not to approve this contract and without such approval, the city will not be able to host the 2011 Green Town Elgin event. NEXT STEPS 1. Secure signatures on contract 2. Process payment to Seven Generations 3 4111) Originators: Dave Waden, Senior Planner Cherie Murphy, Assistant to City Manager for Community Engagement Marc Mylott, Director of Community Development Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Approved: Sean R.Stegall, City M ° ger ATTACHMENTS A. Contract Agreement B. Green Town Agenda 411) 4 AGREEMENT THIS AGREEMENT is made and entered into this 2 2-day of i' , 2011, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Seven Generations Ahead, an Illinois not-for-profit corporation (hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the GreenTown Elgin 2011 Event (hereinafter referred to as the "PROJECT"); and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and organizations 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: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Community Development Director of the CITY or his designee, herein after referred to as the "DIRECTOR". B. The CONSULTANT shall perform the services for the PROJECT as outlined in Attachment A attached hereto and made a part hereof 2. PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. B. 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. 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including, but not rk limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided, however, that the CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. Consultant and A5 Group, Inc. are owners of the phrase "GreenTown: The Future of Community." Consultant and A5 have produced events in the past and will produce events in the future similar to the Project using the same and related phrases and other intellectual property, which they will utilize at the Project and which they will continue to own. Nothing contained herein shall transfer any ownership rights in the intellectual property of Consultant or A5 to the City. Consultant and A5 will continue to employ the manner and methods of production for other events that will be used in the Project. 4. PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum of Twenty-five Thousand Dollars ($25,000), regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the DIRECTOR. B. The CITY shall pay to the CONSULTANT such fees as follows: Twelve Thousand Five Hundred Dollars ($12,500) within fourteen (14) days of the entry into this Agreement; and Twelve Thousand Five Hundred Dollars ($12,500) on or before May 13, 2011, which represents fourteen (14) days following the CONSULTANT providing all of the services to be provided by the CONSULTANT for the PROJECT pursuant to this Agreement as well as Attachments A and B. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2B above)will be included with all payment requests. B. 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 one (1) year after termination of this Agreement. 6. INTENTIONALLY OMITTED 7. TERM -2 - 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 Paragraph 6, shall be deemed concluded upon delivery of the PROJECT as outlined on ATTACHMENT B. 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 this 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 fifteen (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. 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 notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the local Government Prompt Payment Act, as amended, (50 ILCS 501/1, et .seq.) or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). Additionally, CONSULTANT shall not be entitled to, and hereby waives, any and all rights that it may have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its officials, officers, employees, agents, attorneys, boards and commissions, and other affiliated entities or persons of any nature whatsoever in whatever form after two (2) years from the date of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless 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 in connection herewith, including - 3 - 41111) 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, 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 expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY or CONSULTANT 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 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 assumed by the CONSULTANT under Paragraph 10 entitled "Indemnification" shall be provided. B. 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. C. Professional Liability. The CONSULTANT shall carry CONSULTANT'S Directors and Officers Employment Practices 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. 13. INTENTIONALLY OMITTED 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall11111) be no discrimination against any employee or applicant for employment because of sex, -4 - 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 - 5 - 20. MODIFICATION OR AMENDMENT411) 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. 21. 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. 22. NEWS RELEASES The CONSULTANT may not issue any news releases outside of those outlined in Attachment B without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS4111) The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 24. 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. 25. 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; A) - 6 - 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 shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. 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 City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. 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 the CITY: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Attention: Marc Mylott, Community Development Director With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 rik Attention: Corporation Counsel - 7 - B. As to the CONSULTANT: Seven Generations Ahead(as fiscal agent for GreenTown) 642 South Lombard, 2nd Floor Oak Park, Illinois 60304 29. 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 paragraph. 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. CONSULTANT shall pay any and all costs associated with any . such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELGIN: By: Sean Stegall, City Manager Attest: City Clerk CONSULTANT: SEVEN ENERATIONS AHEAD . i (2. 1 — 'ri t: Cv,� ...&_ , (rt.. . F:1 ..l Dept\Agreement\Consultant Agreement-Seven Generations.doe - 8 - ATTACHMENT A SCOPE OF SERVICES Services to be Provided by Consultant GreenTown:The Future of Community is designed to help create healthy,sustainable communities.The one-day experience brings together the public sector with the private sector to engage in meaningful learning, dialogue,planning—and action. Mayors and other elected officials,city managers,public works directors,park district directors, planners,developers, builders,architects, landscape architects, engineers, school leaders–and many others interested in sustainable development–gather to hear inspiring speakers, learn from been-there case studies and discuss actionable steps to make communities for eco-effective. This event showcases both national and local leaders who are at the forefront in sustainable urbanism,transit-oriented development,brownfield and riverfront re-development, green building, renewable energy,municipal food scrap recycling, zero waste schools, local food systems and more. GreenTown is co-produced by a5,a brand consultancy firm in downtown Chicago, and Seven Generations Ahead, a non-profit organization located in Oak Park, IL. The event has made its way around the Midwest,stopping in Chicago, Grand Rapids,Oak Park and Lake County, IL, e I hosting only one event in 2007 and jumping to three ins 2010-and in April 2011 the event kicks off its fifth year on the banks of the Fox River in historic Elgin,Illinois. Working with the core planning team from the City of Elgin,a5 and Seven Generations Ahead will produce GreenTown:The Future of Community at The Centre in downtown Elgin on April 28,2011,with a pre-conference on April 27 in the afternoon.-We will ensure successful implementation of the event plan including: securing and managing vendors and sponsors, creating and overseeing timelines, communication event details,managing event budget and overseeing all aspects of the event. *********************** See Attachment A for a detailed Scope of Services See Attachment B for Project Schedule - 10- 4111) Attachment B—Project Schedule GreenTown Elgin: April 28, 2011 Elgin,Illinois Timeline Due Kickoff meeting .November 30,2010 Venue confirmation December 13,2010 Planning call January 11, 2011 Sponsor/exhibitor kit developed January 24,2011 Meeting with City of Elgin ...February 1, 2011 Present agenda with speakers and price/availability Week of January 31,2011 Finalize advisory committee Week of February 7, 2011 Keynote and first draft of program determined Week of February 21,2011 Save the date prepared Week of February 21, 2011 Send first save the date Week of March 1, 2011 Advisory committee mtg to select keynote/main speakers Week of March 1,2011 Develop GreenTown post card Week of March 14,2011 Finalize conference agenda Week of March 21,2011 Speakers confirmed Week of March 21, 2011 Registration live on web site Week of March 21, 2011 Post card mailing Week of March 21,2011 Speaker bios due Week of March 28,2011 Speaker presentations due Week of March 28, 2011 Ads run .Week of April 4,2011 Post program to web site Week of April 4, 2011 News release sent Week of April 11, 2011 Invite media to event Week of April 11, 2011 Event signage created Week of April 11, 2011 Event program created Week of April 11, 2011 Final e-mail campaign .April/May,2011 Sponsors/exhibitors finalized April/May,2011 Event set-up April 26, 2011 Pre-GreenTown event April 27,2011 GreenTown Elgin April 28, 2011 Thank you letters to sponsors/speakers Week of May 2, 2011 - i3 - rik Thank you e-mail to attendees Week of May 2, 2011 Speaker presentations on web site Week of May 2,2011 r - 14- " _ GreenTown Elgin April 28, 2011 Wer Conference Agenda Rev. 3.29.11 • GreenTown: The Future of Community Elgin, Illinois-April 28, 2011 Main Conference Thursday,April 28,2011 Registration and healthy,locally grown breakfast 7:00 am-8:30 am Welcome 8:30 am—9:00 am Gary Cuneen,Executive Director,Seven Generations Ahead John Harris,Principal,a5 Keynote:The Sustainable Future of Elgin 9:00 am—10:00 am Mayor Ed Schock How the Environment Affects Public Health 10:00 am—11:00 am Dr.Richard Jackson,Author,Chair of the School of Health at UCLA Envisioning Better Communities:Integrating Design to Create Walkable,Bikable Green Communities 11:00 am—12:00 pm Randall Arendt,Author Lunch 12:00 pm—1:00 pm -Randall Arendt Book Signing(during lunch) -Richard Jackson Book Signing(during lunch) ;' GreenTown Elgin or April 28, 201 1 Conference Agenda X Rev. 3.29.11 BREAK OUT SESSIONS Break Out Session A 1:00 pm—2:00 pm TRACK ONE TRACK TWO TRACK THREE TRACK FOUR Supplemental Session Elgin Food,Water and Waste Design/Build Outdoor Space 1 Green Jobs I (1:00pm—5:00pm) Energy The Elgin Community Schools and Municipalities:Policy and Rebuilding Greensburg"Green" LEED—Neighborhood Sustainability Plan Environmental Changes to Promote Healthy Sustainable Sites Initiative: Development Eating -Bob Dixson,Mayor, Connecting the Land to the -Moderator:Aaron Greensburg,Kansas Building -Doug Widener,Executive Cosentino,City of Elgin -Moderator:Pamela Brookstein,PHIMC Director,USGBC—Illinois Communities Putting Prevention to Work -Moderator:Terry Warriner Ryan, Chapter -Panelists:Bruce Dahlquist, (CPPW) Jacobs/Ryan Associates DLA Architects -Panelists:Ed Brophy,Asst.Superintendent, -Keven Graham,Principal, -Jennifer Fritz-Williams,City Forest Park Schools;Claudie Phillips,U46 Planning Resources of Elgin -Kurtis Pozsgay,Berwyn Development Corp -Jim Patchett,Founder and President,Conservation Design -Susan Flanagan,Interim Superintendent, Forum Maywood/Melrose Park District 89 -Kurtis Pozsgay,Planner,Berwyn Development Corporation '''"441) '') '—'44) _ i' i \� GreenTown Elgin " r+" 1' April 28, 2011 Conference Agenda i ` Rev. 3.29.11 Break Out Session B 2:15 pm—3:15 pm TRACK ONE TRACK TWO TRACK THREE TRACK FOUR TRACK FIVE TRACK SIX Supplemental Session Elgin Food,Water and Waste Design/Build Outdoor Space I SGA Green Building (1:00pm—5:00pm) Green Jobs I Energy (CONTINUED) Urban Forestry:How Elgin Before the Well Runs Dry: Retrofitting Suburbia: Zero Waste Schools Designed and Built Green Fosters the Urban Canopy Ensuring Sustainable Water Transforming Using Green (USGBC) LEED—Neighborhood Supplies in Illinois Commercial Highway Infrastructure to Protect -Jen Nelson,Zero Waste Development -Jim Bell,City of Elgin Strips Into Mixed Use Water Ambassadors Program -Moderator:TBD -Lenore Beyer-Clow,Policy Districts Manager,SGA -Doug Widener,Executive -Brian Borkowitz,Davey Director,Openlands -Jack Pizzo,Pizzo& Topics:Sherman Hospital, Tree Experts Associates,Ltd. -Ana Garcia Doyle,Beye Judson University,Waste Director,USGBC—Illinois -Josh Ellis,Associate, -Randall Arendt, Elementary PTO Management,National Bank, Chapter Metropolitan Planning President,Greener Gail Borden Library Council Prospects -Kyla Jacobson,Water Director,City of Elgin r ' , ', GreenTown Elgin ' • ` April 28, 2011 .W..t.'''',':4 = Conference Agenda A Rev. 3.29.11 Break Out Session C 3:30 pm—4:30 pm TRACK ONE TRACK TWO TRACK THREE TRACK FOUR TRACK SIX Elgin Food,Water and Waste DesignlBuild Outdoor Space 1 Green Jobs I SGA Energy State,County,and Regional Initiatives Beyond Recycling: Developing a Community Fresh From The Farm to Promote Healthy Communities Businesses and Schools Sustainability Plan Wind,Solar& Teacher Training Ramping Up Waste the New Economy -Rick Reigner,President&CEO, Reduction -Gary Cuneen,Executive -Lindsey Arenberg,Fresh from the Farm Prairie Valley Family YMCA Director,Seven Generations -TBD,Siemens Program Manager,SGA -Janie Maxwell,Manager,Making Ahead Kane County Fit for Kids -Keary Cragan,US EPA -TBD,Proven Energy -Silvia Ceja,Director,Activate Prairie and River Forest District 90 -Mike Belsky,Mayor,Highland Valley Park -Tadd Scarpelli,AVA Power -Marco Alvarez,CEO,Fabric Images -Emily Palm,Management -TBD,Illinois Solar Assocation Analyst,Highland Park -John Shales,COO,Shales McNutt Reception:Micro Brew Review 4:30 pm—6:00 pm Locally grown food and beer samplings Film Screening:Lunch Line 6:00 pm it ELGIN THE CITY IN THE SUBURBS" DATE: April 29, 2011 TO: Dave Waden, Senior Planner FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 11-76, Adopted at the April 27, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Seven Generations Ahead