09-66 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.
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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--
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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
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