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07-229 Resolution No. 07-229 RESOLUTION RATIFYING THE EXECUTION OF A SERVICES AGREEMENT WITH JACK HENRICI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of a Services Agreement with Jack Henrici by Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,for services as the Interim Director of Fire and Emergency Medical Services,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 31st day of August,2007,by and between the CITY OF ELGIN,ILLINOIS,a municipal corporation,(hereinafter referred to as the "City"), and JACK HENRICI (hereinafter referred to as "Mr. Henrici"). WHEREAS, the City desires to retain the services of Mr. Henrici as the Interim Director of Fire and Emergency Medical Services; and WHEREAS, it is the desire of the parties hereto to enter into an agreement whereby Mr. Henrici shall provide such services to the City pursuant to the terms of this agreement. NOW,THEREFORE,for and in consideration of the mutual covenants contained herein,the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. City agrees to retain Mr. Henrici to provide the services as the City of Elgin's Interim Director of Fire and Emergency Medical Services which shall be the functions and duties of the City of Elgin's Chief of the Fire Department as specified in the ordinances of the City of Elgin and statutes of the State of Illinois and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. Mr. Henrici agrees to provide the services of the City's Interim Director of Fire and Emergency Medical Services and to carry out to the best of his abilities all of the functions and duties thereof which shall be the functions and duties of the City of Elgin's Chief of the Fire Department as provided in the ordinances of the City of Elgin and the statutes of the State of Illinois and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. For the purposes of this agreement and for providing such services to the City Mr. Henrici shall be deemed to have the powers and authority of the City of Elgin's Chief of the Fire Department. Mr. Henrici shall perform such services for the City of Elgin under the direction and supervision of the City Manager. Mr. Henrici shall commence with such services for the City of Elgin on September 1, 2007. Mr. Henrici's normal hours for such services for the City pursuant to this agreement shall be the same as the normal office hours of city hall, provided, however, in the event Mr. Henrici is required to provide services outside the normal office hours of city hall Mr. Henrici will be allowed to take compensatory time off as approved by the City Manager during normal office hours. 2. This agreement shall commence as of September 1,2007,and is for an initial term of ninety (90) days and absent of a termination by either party hereto shall continue for an indefinite term thereafter. Notwithstanding the foregoing or anything to the contrary in this agreement, this agreement may be terminated at any time by the City acting through its City Manager or by Mr. Henrici upon thirty (30) days written notice by either party hereto for any reason or no reason, provided,however,that in the event the City terminates this agreement prior to the end of the initial ninety (90) day term of this agreement, Mr. Henrici shall nonetheless be paid for the initial ninety (90) day term. 3. The City agrees to pay Mr. Henrici for his services rendered pursuant hereto the annual amount of $148,951.32, payable in bi-weekly installments at the same time as City management employees are paid. The City shall withhold from such bi-weekly installment payments such amounts as required by law, including,but not limited to,withholding for federal income taxes, state income taxes and social security taxes. 4. The City shall provide an automobile as determined and seleted by the City for use by Mr. Henrici during the term of this agreement and shall pay all expenses related to its use by Mr. Henrici during the term of this agreement. 5. The City and Mr. Henrici acknowledge and agree that the monetary compensation provided for in the preceding Section 3 hereof and the vehicle use provided for in the preceding Section 4 hereof are the sole and only compensation being provided by the City to Mr. Henrici pursuant to this agreement or otherwise, it being agreed and understood that Mr. Henrici shall receive no other compensation or benefits for such services including, but not limited to,vacation, sick days, health insurance, disability insurance, retirement benefits or pension benefits. 6. To the extent required by law in order to perform the services provided for in this agreement, Mr. Henrici shall be deemed to be an interim member of the City of Elgin's Fire Department. 7. Notice pursuant to this agreement shall be given by depositing in the custody of the United States postal service, postage prepaid, at the addresses as follows: A. City: City of Elgin, 150 Dexter Court, Elgin,IL 60120-5555 Attention: City Manager B. Mr. Henrici: Jack Henrici—at his current or future home address. Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States postal service. 8. This agreement constitutes the entire and sole agreement between the parties with respect to the subject matter hereof. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Mr. Henrici. This agreement shall become effective upon its execution. 9. The terms of this agerement shall be severable. If any provision, or any portion thereof, contained in this agreement is held invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected,and shall remain in full force and effect. 10. This agreement shall be subject to and governed by 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 ageement shall be in the Circuit Court of Kane Couty, Illinois. - 2 - IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement as of the date and year first written above. CIT OF ELGIN By City •a .ger k Henrici ATTEST: City Clerk ." 7:644311144 :43 F:\L.egal Dept\Agreement\Henrici-DirectorofFire K-2007.doc - 3 -