Resolution 2018-26 Resolution No. 2018- '26
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING AN ECONOMIC DEVELOPMENT CONSULTANT'S AGREEMENT
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City desires to enter into an Economic Development Consultant's
Agreement with DLK, LLC of Yorkville, Illinois ("Consultant").
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Economic Consultant's Agreement, attached hereto and made a part
hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and
deliver said Agreement on behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City C uracil of the United City of Yorkville, Kendall County, Illinois this
day of it , 2018.
CITY CLERK
CARLO COLOSIMO Y KEN KOCH
JACKIE MILSCHEWSKI ly ARDEN JOE PLOCHER
t
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS JASON PETERSON —
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
7 day of N JVr WVZ-_l2 , 2018.
MAY R P/
Resolution No.2018- JO
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ECONOMIC CONSULTANT'S AGREEMENT
This Economic Consultant's Agreement ("Agreement") is dated this day of November,
2018, between United City of Yorkville; (City) and DLK, LLC of Yorkville, Illinois
("Consultant"). City agrees to retain the services of Consultant to fill the position and perform
the duties described below. Consultant agrees to furnish the City the services for the Term and
under the conditions set forth in this Agreement. It is expressly understood that Consultant is an
Economic Consultant and not an employee.
A. Position:
The following agreement describes the contractual services to be provided by Consultant for the
City performing the services of Economic Development Consultant.
Consultant is not an agent of, or authorized to transact business, enter into agreements, or
otherwise create any obligation, expressed or implied, on behalf of the City, unless expressly
authorized by the Mayor. Consultant agrees to obtain, at her own expense all materials
necessary to perform her duties and provide the services required under this Agreement. Any
documents made available to Consultant in order to perform services under this Agreement shall
be kept confidential and returned to the City upon the termination of the Agreement.
B. Scope of Work:
Consultant shall perform the following services:
1. Perform the duties of Economic Development Consultant for the City including attracting
new businesses to the City, attending meetings and conferences on economic
development, perform, preparing and presenting economic and community development
plans, programs and services.
2. This position is responsible for working closely with the Community Development
Consultant and other City staff in promoting the business and economic development
interests within the City. This position will include working with all departments in
providing guidance to individuals and companies to establish, relocate or expand their
businesses within the City. The position will include assistance in the planning and
coordination of City development projects, assisting business and residential applications
with local and State permitting processes and providing research for City sponsored
programs.
3. The Consultant shall not work for another municipality during the term of this
Agreement.
4. This position reports directly to the City Administrator.
C. Services to be provided
1. Directs economic development initiatives to achieve the goals and objectives for
economic development,
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2. Provides assistance in the development of short and long term economic development
plans, as well as the gathering of information and preparation of studies, reports and
recommendations to achieve such goals,
3. Provides professional economic development advice, assist in the application and
permitting process and serve as an advocate for economic development in line with the
Comprehensive Plan, zoning ordinances and goals as established by the City,
4. Works closely with the City staff to identify areas of concern in the promotion of
business location and expansion within the City,
5. Maintains a liaison with various local, State and Federal agencies to coordinate projects
with those agencies,
6. Provides information on economic development issues,programs, services and plans,
7. Becomes familiar with the existing inventory of available buildings and business and
residential development sites within the City,
8. Provide the City with a monthly report of all activities, contacts, services, meetings and
conferences attended.
Consultant is to perform the above services as the City's Economic Development Consultant for
not less than fifteen(15)hours per week.
D. Materials:
Consultant will furnish all materials, equipment and supplies used to provide the services
required by this Agreement.
E. Term:
The term of this Agreement shall begin on January 1, 2019 and shall terminate on December 31,
2021.
F. Fees:
For the services provided by Consultant under this Agreement for the term of this Agreement,
the City agrees to pay Consultant $145.00 per hour. Consultant will be responsible for all
expenses incurred while performing services under this Agreement including travel expenses
except for out of State travel which shall be reimbursed by the City. For in-state and out-of-state
conferences and seminars where the City directs Consultant to attend on the City's behalf, the
City shall pay the conference or seminar registration fees.
The Consultant will invoice the City on a monthly basis for all work performed during the
preceding month. Each invoice shall provide an itemization of the time of all work performed.
Invoices shall be paid by the City within thirty (30) days of receipt. Within ten (10) days of the
close of each calendar quarter during the term of this Agreement the time worked by the
Consultant during the prior three (3) months will be reviewed and in the event the Consultant
worked more than fifteen (15) hours per week, the City agrees to compensate the Consultant for
the work performed in excess of fifteen (15) hours per week at the rate of$145.00 per hour. If
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the Consultant works less than fifteen (15) hours per week, the time must be made up within the
following calendar quarter.
The City will not pay or withhold federal, state, or local income or payroll tax on behalf of
Consultant. As an Economic Consultant, Consultant is responsible for paying all taxes and
waives all rights to any employee benefits offered by the City or any other entity affiliated with
the City to its employees. In the event taxes are assessed against the City arising out of any
money paid to Consultant, Consultant agrees to assume all responsibility for the payment of such
taxes and to indemnify and hold harmless the City for any such tax liabilities, including
penalties.
G. Insurance:
The City will not obtain worker's compensation insurance or other insurance coverage of any
kind for or on behalf of Consultant.
H. Liability:
Each party agrees to be responsible for its own actions and activities, including the negligence of
its employees or agents. It is understood and agreed that neither party shall be legally liable for
any negligent or wrongful acts either of commission or omission, chargeable to the other, unless
such liability is imposed by law, and this Agreement shall not be construed as seeking to either
enlarge or diminish any obligation or duty owed by one party against the other or against third
parties.
I. Termination:
Either party may terminate this Agreement immediately for breach. If the City terminates this
Agreement for a breach, no compensation or expenses shall be paid by the City to Consultant,
under the terms of this Agreement, beyond the date of termination. Additionally, either party
may terminate this Agreement upon presentation of written notice of intent to terminate with at
least one (1) month's written notice to the other. In such event Consultant shall be obligated to
continue to provide services until the one (1) month's notice period has expired and the City
shall be obligated to pay compensation until the one (1)month's' notice period has expired.
J. Choice of Law:
This Agreement shall at all times be governed by and construed in accordance with the laws of
the State of Illinois.
K. Saving Clause:
If any provision of this Agreement is declared invalid or unenforceable under applicable law,
such provision shall be deemed severed from the Agreement and all other provisions of this
Agreement shall remain in full force and effect.
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L. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes all prior agreements
and understandings between the parties. This Agreement may be amended, modified or
supplemented only by a written instrument executed by both parties.
Signed:
n
on ltant Date
Co
Mayor Date
Attest: Ixf
City Clerk
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