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HomeMy WebLinkAbout01-123 Resolution No. 01-123 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR. FOR LOBBYISTS SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Steven Nemerovski and Lawrence Suffredin, Jr. to provide professional services in connection with State and Federal Government Legislative Efforts, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: May 9, 2001 Adopted: May 9, 2001 Omnibus Vote : Yeas 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk RAGREE/LOBBYIST Draft 3/01/01 AGREEMENT THIS AGREEMENT, made and entered into this f day of 2001, by and between the CITY OF ELGIN, an Illinois muni ipal corporation (hereinafter referred to as "CITY" ) and STEV N NEMEROVSKI and LAWRENCE SUFFREDIN, JR. (hereinafter referred to as "LOBBYISTS" ) . WHEREAS, the CITY desires to engage the LOBBYISTS to furnish certain professional services in connection with State and Federal Government Legislative Efforts; and WHEREAS, the LOBBYISTS represent that they are in compliance with the applicable statutes relating to the registration and qualifications of lobbyists and that they have the necessary expertise and experience to furnish such services upon the terms and conditions set forth hereinbelow. NOW, THEREFORE, it is hereby agreed by and between the CITY and the LOBBYISTS that the CITY does hereby retain the LOBBYISTS for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby 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 LOBBYISTS shall perform the following services G+ ai.-r kl to C1tl Y'1rH4�tlr VV\ A. Assist the CITY in developing a legislative agenda for the State and Federal Government; B. Assist the CITY in participating in all State programs that are of benefit to the CITY; C. Arrange meetings necessary to accomplish A and B with all elected or appointed 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 CITYAi.A 2 . PAYMENTS TO THE LOBBYISTS For the services provided by the LOBBYISTS pursuant to this Agreement the LOBBYISTS shall be paid a total fee in the amount of Twenty-Four Thousand and no/100ths Dollars f ($24 , 000) which shall also include all ordinary expenses, including all in-state travel . The LOBBYISTS shall also be responsible for all costs associated with the first two (2) out-of-state trips . The CITY shall also be responsible for all reasonable extraordinary expenses including out-of-state travel after the first two out of state trips provided however, the CITY must approve any such travel or extraordinary expenses prior to the expenditure being made . The $24 , 000 fee shall be paid to the LOBBYISTS in twelve (12) equal monthly installments . 3 . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, 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 $25, 000 fee to be paid to the LOBBYISTS shall be prorated to reflect the reduced term of the agreement . 4 . TERM //'' 5"Au- 'AC ��cT ON) T*� UknTerc or- r� rs,cEc.onao Okm e`1 AV- P W Tt" OR 1WE 1 % ZGo% A,i D This agreement shall be in effect for one year from the date of its execution unless terminated pursuant to Section 3 or 5 . 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 . 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 . 7 . 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 -2- writing herein or in a duly executed amendment hereof as herein provided. 8 . 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 pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 9 . NEWS RELEASES The LOBBYISTS may not issue any news releases without prior approval from the City Manager. 10 . 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: JOYCE A. PARKER City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to LOBBYISTS : LAWRENCE J. SUFFREDIN, JR. 444 North Michigan Avenue, 25th Floor Chicago, Illinois 60611 IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the date and year first written above . For the CITY: ATTEST: CITY OF EL IN 13Y &41t� 13Y City Clerk /�/ Cry Manager Fo e Steven Nemerovs i Lawrence J. Suffredin, Jr. -3- t City of Elgin Agenda Item No. [[[ i LI I March 14 , 2001 mn ; LIN<< TO: Mayor and Members of the City Council h,,d FINANCIALLY STABLE CITY GOVERNMENT EFF C FROM: Joyce A. Parker, City Manager AND QUAILIITY INFRASTRUCTURE SUBJECT: Lobbyist and Legislative Affairs PURPOSE The purpose of this memorandum is to present to the Mayor and members of City Council a means for representing Elgin' s legislative interests in Springfield and Washington, DC, through contracting with a lobbyist . BACKGROUND The City has not developed a centralized approach in the area of intergovernmental affairs . The City' s efforts have relied upon participation in the DuKane Valley Council, infrequent meetings with policy makers, and an unstructured approach to securing outside funding for City projects . In order to move forward, it is recommended that the following actions be taken: 1 . Development of an annual Legislative Action Plan (LAP) - The LAP will set forth funding and legislative priorities as articulated by Staff via the City Council' s community goals . For example, under the Council goal of "Economic Growth and Diversified Tax Base" the LAP could target the following: a. Economic Development : Support efforts to develop and promote policies that help urban areas foster greater economic opportunity. b. Enterprise Zones : Support efforts to extend maximum life of enterprise zones from 20 to 30 years . Current bill pending - HB 1991 . It is proposed that the LAP be developed by staff and then subsequently reviewed and adopted by the City Council . The LAP will provide the City' s lobbyist with a plan by which they can apply their efforts . This will also provide the City with the means to evaluate the success of the lobbyist' s efforts . Lobbyist March 8, 2001 Page 2 2 . Retaining the services of a lobbyist - The lobbyist shall be responsible for executing the priorities as set forth in the LAP. In addition, the lobbyist would be responsible for monitoring of bills and proposals which would affect the City (i .e . gaming legislation) . It is expected that the lobbyist would also be able to facilitate relations between the City and other governmental agencies (i .e HUD, IDOT, etc . ) . Finally, the lobbyist would be asked to arrange meetings between City officials and key legislators at both the state and federal levels . 3 . Increased participation in the DuKane Valley Council and other professional organizations - It is proposed that the City take a more proactive approach in its participation with the various professional organizations of which the City' s appointed and elected officials are members . It is important that leadership positions within these groups be encouraged. 4 . Regularly scheduled meetings and communications with the City' s state representatives - It is important that quarterly update meetings be held with Representatives Hoeft and Linder and Senator Rauschenberger. Yearly meetings should be scheduled with the City' s federal legislators, Senators Fitzgerald and Durbin and Speaker Hastert . In order to enhance this component, it is important that the City develop a format for monthly or quarterly status reports to these individuals which can be issued by the City Manager' s Office. Timing & Process of Lobbyist Initiative The City would be initiating this endeavor several months into the 2001 legislative season. This is favorable since it is important to initially work with the lobbyist to develop the City' s Legislative Action Plan. During the remainder of 2001, staff and the lobbyist will be working together on the LAP' s development and providing structure to the program. It is expected by the beginning of the 2002 legislative session, the learning and development process will be complete and the City and the lobbyist will be able to achieve a great degree of effectiveness . It proposed that the City enter into a one-year agreement with the option to renew on an annual basis . eolk Lobbyist March 8, 2001 Page 3 Lobbyist Selection Background information has been gathered and reference checks have been conducted concerning several potential candidates for the position. The pool of candidates was generated based on recommendations from the City' s elected representatives and other communities . The candidates were evaluated on the following: recommendations by elected officials, local government experience and cost . As a result of this process, Larry Suffredin has been identified as the ideal candidate. In addition, Mr. Suffredin will engage the services of a second lobbyist, as necessary, this individual is Steven Nemerovski . The proposed fee is $24, 000 per annum. Larry Suffredin and Steven Nemerovski come with strong recommendations from Representatives Hoeft and Lindner as well as Senator Rauschenberger. This asset cannot be overstated as it is important that the City' s lobbyist work closely with our elected representatives . Having both lobbyists work for the City is very �/�► effective as Mr. Suffredin has strong relationships within the ( Democratic Party and Mr. Nemerovski works with Republicans. Once again, Mr. Suffredin will be the primary contact for the City and he will use the services of Mr. Nemerovski at his discretion. Mr. Suffredin has strong local government experience as he has worked for the City of Evanston, IL for many years . In addition, the fee of $24 , 000 is also the lowest among the proposals and well below the average cost . The costs of the program should be more than made up through additional dollars being brought to the City. In sum, Mr. Suffredin and Mr. Nemerovski meet all the criteria established in this process : strong references by elected officials, local government experience, and price competitiveness . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED State Represenatives Linder and Hoeft and Senator Rauschenberger. INANCIAL IMPACT Sufficient funds have been budgeted and remain in the 2001 Budget, Elgin Riverboat Fund, account number 275-000-791 . 80-37 . Lobbyist March 8, 2001 Page 4 LEGAL IMPACT None . ALTERNATIVES The City Council could approve the agreement as drafted, edit the agreement or decline to undertake the initiative . RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the agreement between the City of Elgin and Larry Suffredin and Steven Nemerovski for a fee of $24 , 000 . Respectfully submitted, J4ce A. Parker City Manager