15-0918 311 Mobile App Video AGREEMENT
THIS AGREEMENT is made and entered into this 18 day of September, 2014, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY")and Matthew Eickhoff(hereinafter referred to as"VIDEOGRAPHER").
WHEREAS, the CITY desires to engage the VIDEOGRAPHER to furnish certain
services in connection with the 311 Mobile App Video (hereinafter referred to as the
"PROJECT");and
WHEREAS, the VIDEOGRAPHER represents that it 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
VIDEOGRAPHER that the CITY does hereby retain the VIDEOGRAPHER 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 Management
Analyst of the CITY,herein after referred to as the"ANALYST".
B. The VIDEOGRAPHER will design, direct, edit and produce a thirty-second video
and a one to three minute video for marketing and outreach use by the city of
Elgin.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. $CHEDUL1
The VIDEOGRAPHER shall complete the services to be provided pursuant to this
Agreement according to the project schedule attached hereto as Attachment B. Deviations
from the schedule will be communicated in writing between the VIDEOGRAPHER and
ANALYST.
3. WORK PRODUCT
All work product prepared by the VIDEOGRAPHER 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 ANALYST;provided,however,that the VIDEOGRAPHER
may retain copies of such work product for its records. VIDEOGRAPHER's execution
of this Agreement shall constitute VIDEOGRAPHER's conveyance and assignment of all
right, title and interest, including but not limited to any copyright interest, by the
VIDEOGRAPHER to the CITY of all such work product prepared by the
VIDEOGRAPHER pursuant to this Agreement. The CITY shall have the right either on
its own or through such other VIDEOGRAPHERs 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
VIDEOGRAPHER.
4. PAYMENTS TO THE VIDEOGRAPHER
A. For services provided the VIDEOGRAPHER shall be paid the total fee of$4,050
(Attachment C), with an initial deposit of $900, regardless of the actual costs
incurred by the VIDEOGRAPHER unless substantial modifications to the scope
of the work are authorized in writing by the ANALYST and approved by way of
written amendment to this Agreement executed by the parties.
B. For outside services provided by other firms or subcontractors, the CITY shall pay
the VIDEOGRAPHER the invoiced fee to the VIDEOGRAPHER.
C. The CITY shall make payments to the VIDEOGRAPHER based upon actual
progress within thirty (30) days after receipt and approval of invoice. Full
payments for each task shall not be made until the task is completed and accepted
by the ANALYST.
5. INVOICES
A. The VIDEOGRAPHER shall submit invoices in a format approved by the CITY.
B. The VIDEOGRAPHER shall maintain records showing actual time devoted and
cost incurred. The VIDEOGRAPHER shall permit the authorized representative
of the CITY to inspect and audit all data and records of the VIDEOGRAPHER for
work done under this Agreement. The VIDEOGRAPHER shall make these
records available at reasonable times during the Agreement period and for one(1)
year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
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Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the VIDEOGRAPHER. In the
event that this Agreement is so terminated, the VIDEOGRAPHER 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 4 above.
7. TERM
This Agreement shall become effective as of the date the VIDEOGRAPHER is 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 VIDEOGRAPHER's
work under this Agreement is completed. A determination of completion shall not
constitute a waiver of any rights or claim which the CITY may have or thereafter acquire
with respect to any term or provision of this Agreement.
8. NOTICE OF CLAIM
If the VIDEOGRAPHER wishes to make a claim for additional compensation as a result
of action taken by the CITY, the VIDEOGRAPHER 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 VIDEOGRAPHER's fee
shall be valid only to the extent that such changes are included in writing signed by the
CITY and the VIDEOGRAPHER. Regardless of the decision of the ANALYST relative
to a claim submitted by the VIDEOGRAPHER, all work required under this Agreement
as determined by the ANALYST 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 VIDEOGRAPHER pursuant to
Paragraph 4 hereof, no action shall be commenced by the VIDEOGRAPHER against the
CITY for monetary damages. VIDEOGRAPHER hereby further waives any and all
claims or rights 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
(50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et
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To the fullest extent permitted by law, VIDEOGRAPHER 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
VIDEOGRAPHER in connection herewith, including negligence or omissions of
employees or agents of the VIDEOGRAPHER 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 expiration, completion and/or termination
of this Agreement.
11. NO PERSONAL LIABILITY
No official, ANALYST, 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
The VIDEOGRAPHER must provide the City Manager's Office with a certificate or
bond of general liability insurance naming the city as additional insured with limits of not
less than one million dollars ($1,000,000) per occurrence for bodily injury, personal
injury and property damage and with a general aggregate limit of not less than two
million dollars ($2,000,000). Such insurance shall be primary and noncontributory to any
insurance carried by the city and the insurance shall not be terminated or cancelled for
any reason without thirty (30) days advance written notice to the city.
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,
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
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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 VIDEOGRAPHER shall remain liable to
the CITY with respect to each and every item, condition and other provision hereof to the
same extent that the VIDEOGRAPHER 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
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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.
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 VIDEOGRAPHER may not issue any news releases without prior approval from the
ANALYST, nor will the VIDEOGRAPHER make public proposals developed under this
Agreement without prior written approval from the ANALYST prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONTRACTORS
The VIDEOGRAPHER shall cooperate with any other CONTRACTORSs in the CITY's
employ or any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The VIDEOGRAPHER 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.
25. SEXUAL HARASSMENT
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As a condition of this Agreement, the VIDEOGRAPHER 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 shall be provided by VIDEOGRAPHER to the Department of
Human Rights upon request 775 ILCS 5/2-105.
26. INTENTIONALLY OMITTED.,
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the VIDEOGRAPHER to the
ANALYST and to other participants which may affect cost or time of completion, shall
be made or confirmed in writing. The ANALYST may also require other
recommendations and communications by the VIDEOGRAPHER 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:
Laura Valdez-Wilson
Management Analyst
City of Elgin
7
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to the VIDEOGRAPHER:
Matthew Eickhoff
7229 Mabels Way
Loves Park,Illinois 61111
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
VIDEOGRAPHER 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, VIDEOGRAPHER hereby certifies, represents and
warrants to the CITY that all VIDEOGRAPHER'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. VIDEOGRAPHER 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 VIDEOGRAPHER to determine VIDEOGRAPHER's
compliance with the provisions of this paragraph. In the event the CITY proceeds with
such an audit the VIDEOGRAPHER shall make available to the CITY the
VIDEOGRAPHER's relevant records at no cost to the CITY. VIDEOGRAPHER 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:
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ATTACHMENT A
SCOPE OF SERVICES
311 Mobile App Video
Description: As part of Elgin's 311 initiative to "connect the right people, at the right time, to
the right information," the city is creating a mobile app to allow residents to connect faster to
their community and to their local government. The 311 mobile app will provide another, more
convenient engagement channel for people to conduct business, as well as search, obtain and
share information about and with their community.
Two videos will be used to promote the mobile app and its features. The services required
include gathering of all photography and graphics, audio narration or interviews, working with
staff to develop scripts, animation development, shooting of video on-site, and editing of video
to include music,narration, video footage and graphics.At least 5-7 people from the community
for the video, with additional community members cast as extras. We will shot at various
locations throughout Elgin.
Audience: For the purpose of these initial videos,the primary focus is on Elgin residents looking
to better connect with their community by learning what are happening in public safety,
transportation, entertainment, businesses, neighborhoods, education, arts and culture, and any
other item that's of interest on a particular day.
The secondary focus of the video should be on those who need to connect the city faster,whether
it's seeking commonly requested information, asking a question, or submitting a service request.
Length: There are a total of two videos. One video will be a 30-second teaser trailer and the
other will be a 1-3 minute video.
Theme/Message: City of Elgin staff will work with Matthew Eickhoff to develop a storyboard
and a script for the interview.
Delivery Media: The video(s)would be posted online on various websites and social media sites
including YouTube and Facebook. Compatibility with Windows based and Mac based computers
is necessary. The videos would run on television(the city's local access channel 17).The video
will also be used internally.
Time Frame/Deadlines:
September 18-October 1,2014: Design and approval of storyboard and script for 30-second
teaser video and 1-3 minute video. Obtain all graphics and logos from city staff.
October 3,2014: Filming and interviews in Elgin for videos
TBA:Additional filming date if necessary
October 4—November 14,2014: Editing and final production
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ATTACHMENT B
PROJECT SCHEDULE
September 18-October 1,2014: Design and approval of storyboard and script for 30-second
teaser video and 1-3 minute video
October 3,2014: Filming and interviews in Elgin for videos
TBA:Additional filming date if necessary
October 4—November 14,2014: Editing and final production
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MATT EICKHOFF
QUOTE Attention:Laura Wilson
Management Analyst
Date:08/17/14
815-21809882
elckholl.matt®gmail.com Project Title:Elgin 311 Promo
7229 Mabels Way Projacl Descnption:A 30sec teaser and 1-3min promotional video 1a Elgin 311
Loves Park,IL Mobile App
81111
Description Quantity Unit Price Cost
Pre-Production(Storyboard,Equipment,Crew) 1 $ 150 $ 150
Production(Equipment,Fimirg,Audio,Crew) 3(Days) $ 800 S 2,400
Post-Production(Edit/Color/Graphics,Music) 1 $ 1,500 $ 1,500
Subtotal $ 4,050
Tax $ 0
Total $ 4,050
Thank You,
Matt Eiickhott
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