Resolution 2024-49 Resolution No. 2024-49
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS
APPROVING AN AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTING
SERVICES WITH DLK,LLC
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly
organized unit of government of the State of Illinois within the meaning of Article VII, Section
10 of the 1970 Illinois Constitution; and
WHEREAS,the City's Municipal Code provides that the City may approve contracts that
have not been competitively bid by a two-thirds affirmative vote of the City Council; and
WHEREAS,the City requires the assistance of a consultant in in economic development;
and
WHEREAS, the City has previously retained DLK, LLC, an Illinois limited liability
company, for the purposes of consulting in economic development matters; and
WHEREAS, the City's contract with DLK, LLC is set to expire in December of 2024;
and
WHEREAS, the DLK, LLC has a good relationship with the City and has provided
positive outcomes for a reasonable fee; and
WHEREAS, the City wishes to enter into a new agreement with DLK, LLC, to continue
to provide economic development services through the year 2027.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Resolution No. 2024-49
Page 1
Section 2. That the competitive bidding requirement is hereby waived, and the Economic
Consultant's Agreement, by and between the City and DLK, LLC, attached hereto as Exhibit A
and made a part hereof by reference, is hereby approved, and the Mayor and City Clerk are hereby
authorized to execute said agreement on behalf of the United City of Yorkville.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
8tn day of October,A.D. 2024.
TY CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
el )
PPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this day of octbel ,A.D. 2024.
MAYOR
Attest:
TY CLERK
Resolution No. 2024-49
Page 2
ECONOMIC CONSULTANT'S AGREEMENT
This Economic Consultant's Agreement ("Agreement") is dated this 8th day of October, 2024,
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,
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,
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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, 2025 and shall terminate on December 31,
2027.
F. Fees:
For the services provided by Consultant under this Agreement for the term of this Agreement, the
City agrees to pay Consultant$154.50 per hour in calendar year 2025, $159.14 per hour in calendar
year 2026, and $160.90 per hour in calendar year 2027. 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 applicable per hour rate. If the Consultant
works less than fifteen (15) hours per week, the time must be made up within the following
calendar quarter.
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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:
Con4iltant Date
Mayor Date
Attest:
ty lerk
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