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Resolution 1996-25 r RESOLUTION NO.: 96-�� RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT ON BEHALF OF THE UNITED CITY OF YORKVILLE FOR AN ECONOMIC DEVELOPMENT DIRECTOR WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE after careful consideration deem it to be in the best interest of City and the community to enter into a Contract for the employment of an Economic Development Director; and WHEREAS, the Mayor and the City Council of the UNITED CITY OF YORKVILLE have carefully considered said Contract and deem it to be acceptable and beneficial to the City: NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE: 1. The City Council hereby expressly authorizes the Mayor and City Clerk to execute a Contract for the employment of an Economic Development Director at such terms and pay rate as specified in the Contract. 2. That said Contract is attached hereto an incorporated herein by reference. /�" PASSED AND APPROVED this_- day of 4:' . 1996. JL M7-"y"- Law Office of ATTEST: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (. . ITY LERK CONSULTING AGREEMENT THIS CONSULTING AGREEMENT(this "Agreement") dated July 1, 1996,is made and entered into by and between Erdmann Advertising,39W617 Deerpath Road,Aurora,Illinois 60506 ("Erdmann Advertising") and The City of Yorkville, 111 W. Fox Street,Yorkville, Illinois,60560 ("Customer"). WHEREAS,Customer has indicated its desire for services to be provided by Erdmann Advertising and; WHEREAS, Erdmann Advertising desires to provide said services to Customer;and NOW,THEREFORE,in view of the foregoing premises, the parties agree as follows: ARTICLE I Description of Services During the term of this agreement, Erdmann Advertising will provide the following services to Customer: I. The active promotion of economic development for Customer via establishment of contacts with appropriate target audiences. 2. Follow-up on inquiries from potential commercial and industrial developers in promotion of an appropriate match and the ultimate establishment of business within the City. 3. Creation of a Customer data base to include commercial and industrial real estate brokers and to contact same via letter,fax and phone in the promotion of the Customer. 4. Perform twelve (12) hours per week, four(4) days per month in direct economic develop- ment work. 5. Cultivate working relationships with potential developers and provide an on-going corre- spondence in promotion of current and future development. 6. Creation of a Customer data base to include foreign consuls of various countries,including, but not limited to those set forth in Exhibit"A" attached hereto and to contact same via letter, fax and phone in the promotion of Customer. 7. Establish a working relationship with representatives of Department of Commerce and Community Affairs (DCCA) that will facilitate their support and through programs and services when appropriate. 8. Where eeded,Erdmann Advertising will make use of Erdmann Ac. ising offices,com- puter system,phone and fax. ARTICLE H Performance of Services Erdmann Advertising shall maintain complete discretion in the manner in which the services are to be performed and the specific hours of performance beyond eight(12)weekly hours. ARTICLE III Contract Term The contract shall operate from July 1, 1996 and terminate on April 3 0, 1997. ARTICLE IV Payment 1. Retainer Fee. Customer will pay to Erdmann Advertising the sum of Fifteen Thousand Dollars ($15,000.00) . Said sum shall be paid in equal installments of One Thousand, Five hundred($1,500.00) Dollars on the 1st day of each month beginning July 1, 1996 and the lastpayment shall be made on Apri I.A, 1997. 2. Hours of Service. Any extraneous hours of work beyond 48 hours per monthwill be credited to Erdmann Advertising and subtracted from the normal work schedule. 3. Customer Update. Weekly during Agreement period between July 1, 1996 and July 1, 1997, Erdmann Advertiisng shall provide to Customer a log of the day's business and all contacts made for Customer during the preceding week. 4. Disability. Should the principal of Erdmann Advertising become disabled during the term of this Agreement between July 1, 1996 and April 1, 1997 for a continuous period of thirty(30) days, Customer at his option may terminate the monthly fee. For the purposes of this Agreement, "disability" means a mental or physical illness or condition that renders Erdmann Advertising or its principals incapable of performing the essential functions of the services with reasonable accommodations. ARTICLE V Relationship of Parties It is understood by the parties that Erdmann Advertising is an independent contractor with respect to Customer, and not an employee of Customer. ARTICLE VI Notices All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the Unites States mail,postage prepaid certified, return receipt requested, addressed as follows: Erdmann Advertising,39W617 Deerpath Road,Aurora, Illinois, 60506 The City of Yorkville, 111 W. Fox Street,Yorkville, Illinois 60560 Such addresses may be changed from time-to-time by either party by providi,., written notice to other in the manner as set forth above. ARTICLE VII Laws Concerning Agreement 1. Illinois Law. The terms and obligations of this Agreement shall be interpreted in accordance with the laws of the State of Ilinois without regard to choice of law and principals. 2. Jurisdiction and Venue. The parties agree that in the event that it is necessary to enforce the terms of this Agreement,the parties will submit to the personal jurisdiction of the Circuit Courtof Kendall County, Illinois; and they waive any objection to such jurisdiction. 3. Attorney's Fees and Expenses. Each party shall be responsible for its own legal fees and expenses relating to the drafting and negotiation of this Agreement. In the event of any controversy,claim or dispute between the parties relating to this Agreement,the non-prevail- ing party shall reimburse the other party for all reasonable costs and attorney's fees. 4. Inurement. This Agreement shall inure to the benefit of,and shall be binding upon, the assigns,successors in interest,personal representatives,estates,heirs,and legatees of each of the parties. 5. Entire Agreement. This Agreement contains the entire Agreement of the parties and there are no other promises or conditions in any other Agreement whether oral or written. This Agreement supersedes any prior written or oral Agreements between the parties. 6. Amendment. This agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 7. Severability. If any provision of this agreement shall be held to beinvalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provisions of this Agreement are invalid or unenforceable,but that by limiting such provision it would become invalid and enforceable, then such provision shall be deemed to be written,construed and enforced as so limited. 8. Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that parties right to subse- quently enforce and compel strict compliance with every provision of this Agreement. 9. Either party may terminate this Agreement upon 30 day advanced written notice. IN WITNESS WHERE OF, the parties have affixed their signatures hereto and have caused this Agreement to be duly executed on the day and year first written above. BY� v r ' M✓ L�a>It DATED, �) �9� Customer: BY: �`�� G - ,�,.�-za �-� DATE: Z/ ev'�� i Exhibit"A" France Germany Mexico Spain Sweden Switzerland Canada Italy Japan Austria Belgium Korea Indonesia Poland Denmark Finland Great Britain Luxembourg Netherlands Norway.