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HomeMy WebLinkAbout09-66 Resolution No. 09-66 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAN SHOMAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Dan Shoman for legislative representation, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 18, 2009 Adopted: March 18, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this /tday of�, 2009, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and DAN SHOMON (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with state and federal government legislative efforts; and WHEREAS, the CONSULTANT represents that he is in compliance with the applicable statutes relating to the registration and qualifications of CONSULTANT and that he 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, to act for and represent the City in the matters described herein and subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES The CONSULTANT shall perform the following services at the direction of City's City Manager: A. Assist the CITY in developing legislative agendas for the Federal and State and Governments; B. Assist the CITY in participating in all Federal and State programs that are of benefit to the CITY; C. Arrange meetings necessary to accomplish A and B with all elected or appointed Federal and State officials; D. Assist in preparing all written materials necessary to accomplish A and B; and E. Prepare testimony for all appropriate hearings necessary to accomplish A and B. F. Attend City Council meetings, as well as all other necessary meetings as determined by CITY and CONSULTANT. 2. PAYMENTS TO THE CONSULTANT For the services provided by the CONSULTANT pursuant to this Agreement the CONSULTANT shall be paid a total fee in the amount of Seventy-Two Thousand Dollars ($72,000) for services performed in the year 2009. Such fees shall constitute the total amount to be paid to the CONSULTANT and shall include but not be limited to all ordinary expenses including all in-state travel. The CONSULTANT shall be solely responsible for all costs associated with any first two out of state trips per calendar year. The CITY shall be responsible for all reasonable extraordinary expenses including out- of-state travel subsequent to the first two out-of-state trips per year; provided, however, the CITY must approve any such travel or extraordinary expenses in writing prior to any such expenditures being made. The fees provided for herein shall be paid to the CONSULTANT in twelve (12) equal monthly installments during the year. 3. TERMINATION OF AGREEMENT Notwithstanding any other provision herein, either party may terminate this Agreement at any time upon thirty (30) days prior written notice to either party. In the event that this Agreement is so terminated, the fee to be paid to the CONSULTANT shall be prorated to reflect the reduced term of the agreement. 4. TERM The term of this agreement shall commence on January 1, 2009, and shall terminate on December 31, 2009 unless terminated earlier pursuant to Section 3 or 5 herein. 5. 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. In the event this agreement is terminated pursuant to a breach or alleged breach by CITY, CONSULTANT damages shall be limited to a prorata ad valorem fee. CONSULTANT shall not be entitled to any additional damages of whatsoever nature, including but not limited to consequential, indirect or other fees or damages. 6. NO PERSONAL LIABILITY No official, director, 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. -2- 1 . 7. INDEPENDENT CONTRACTOR This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto except as otherwise specifically provided for herein. 8. MODIFICATION OR AMENDMENT This Agreement 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 as herein provided. 9. 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 arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 10. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the City Manager. 11. 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 CITY: OLUFEMI FOLARIN City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: DAN SHOM,O,N 33 c,� - /l/L" rye-- o�0 3 -3- IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the date and year first written above. For the CITY: For the CONSULTANT: CITY GIN CONSULTANT By City Manager Dan S omon Attest: City Clerk P9 , FALegal Dept\Agreement\Consul tan t-09-Dan Shomon.doc -4-