Proposed $45,000 In Freeport Tax Dollars To Go To Chicago Based Marketing Company

On the agenda for the Committee of the Whole Meeting Freeport, Il February 8, 2016


RESOLUTION NO. R-2016-draft for 02/08/2016

WHEREAS, a5 Group, Inc. is a for-profit Business Corporation organized under the laws of the State of Illinois (hereinafter referred to as “a5”) and currently in good standing and licensed to do business in the State of Illinois; and

WHEREAS, a5 is a “brand and digital consultancy” that is experienced in marketing communities and now seeks to market the Freeport community’s assets both internally and externally to companies, visitors, event promoters, students and residents; and

WHEREAS, local a5 supporters have successfully raised more than $90,000 in private and public funding commitments to launch a5’s proposed branding/promotion for the Freeport area; and

WHEREAS, Northwest Illinois Developmental Alliance (hereinafter, “NIDA”) has agreed to act as a fiscal agent for a5 and agrees to adhere to all federal, state and local procurement regulations for the disbursement of a5 funds; and

WHEREAS, a5 has proposed that the City of Freeport commit to an annual payment to a5 in the amount of Fifteen Thousand Dollars ($15,000.00) per year in exchange for a5’s efforts on behalf of the City of Freeport as defined above; and

WHEREAS, the City Council hereby finds and determines that entering into a collaborative marketing and promotion agreement with a5 that leverages individual, private, and public funding for this civic investment is in the best interests of the health, safety, morals and general welfare of the
citizens of Freeport, and will assist in maximizing the City of Freeport community’s economic development results.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS that the City hereby expresses its supports for the proposed a5 Branding and Digital Marketing Campaign to market and promote the City of Freeport’s community assets, internally and externally, to companies, visitors, event promoters, students and residents, subject to a written agreement for same.

BE IT FURTHER RESOLVED that this City Council hereby authorizes the Mayor and staff to review and approve a5’s contract setting forth the services to be performed, providing that the agreement complies with federal, state and local purchase of service requirements. The Council hereby states that its’ intent is to commit $15,000 annually for a maximum of three (3) years, subject to annual appropriation(s) for this purpose by the corporate authorities of the City, and subject to a positive annual evaluation of a5’s results, as determined in the City’s sole discretion. Disbursements
shall be made only for services performed by a5 as described in detail on written invoices that comply with the City of Freeport’s purchasing and audit policies, with such agreement to allow for funds to be disbursed on a quarterly basis.

BE IT FURTHER RESOLVED that it is the intent of the City of Freeport to utilize Tax Increment Financing (hereinafter, “TIF”) funds for all or part of its financial commitment to a5, if such are available and appropriate, and that these TIF funds impose special requirements that shall be made part of any Agreement For Services between the City of Freeport and a5, and further that a5 agrees to abide by all applicable TIF requirements in the performance and invoicing of its activities if the City opts to allocate such funds for the efforts of a5.

BE IT FURTHER RESOLVED that pursuant to the immediately preceding paragraph NIDA, acting as fiscal agent for a5, will be jointly and severally responsible for meeting all TIF and invoice requirements.

BE IT FURTHER RESOLVED that if any section, clause or provision of this resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Resolution as a whole or any part thereof, other than the part so declared to be invalid, and the
City Council expressly declares that it would have enacted the Resolution even with the invalid portion deleted.

BE IT FURTHER RESOLVED this Resolution is expressly adopted pursuant to the Home Rule authority of the City of Freeport under Section 6(a) of Article VII of the Illinois Constitution of 1970, and all Resolutions or motions in conflict with this Resolution are repealed insofar as they conflict.

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