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02-384 Resolution No. 02-384 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 Olufemi Folarin, Interim 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: December 18, 2002 Adopted: December 18, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this �,4 day of nF;C6*t6gk, 2002 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and STEVEN 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 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 LOBBYISTS shall perform the following services at the direction of City' s City Manager: 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 CITY and LOBBYISTS . 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-Six Thousand Five Hundred and no/100ths Dollars ($26, 500) for services performed in the year 2003 and the sum of Thirty Thousand and no/100ths Dollars ($30 , 000) for services performed in the year 2004 . Such fees shall constitute the total amount to be paid to the LOBBYISTS and shall include but not be limited to all ordinary expenses including all in-state travel . The LOBBYISTS 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 LOBBYISTS in twelve (12) equal monthly installments during each applicable 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 LOBBYISTS shall be prorated to reflect the reduced term of the agreement . 4 . TERM The term of this agreement shall commence on January 1 , 2003 , and shall terminate on December 31 , 2004 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, LOBBYISTS damages shall be limited to a prorata ad valorem fee . LOBBYISTS 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 -2- execution of this Agreement . 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 LOBBYISTS 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: OLUMFEMI FOLARIN Interim 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 -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: ATTEST: CITY OF ELGIN By By City Clerk In erim ity alter i For rl LOB S: Steven Nemerovski Lawrence J. Suffredin, Jr. F:\Legal Dept\Agreement\Lobbyist.doc -4- �o City of Elgin Agenda Item No. r7r7 1 �i. iii October 4, 2002 ' TO: Mayor and Members of the City Council - . * FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SEWICES, FROM: Olufemi Folarin, Interim City Manager AND DUALITY INFRASTRUCTURE SUBJECT: Renewal of Legislative Representation Agreement PURPOSE The purpose of this memorandum is to present to the Mayor and members of City Council a means for continued legislative representation by Larry Suffredin and Steven Nemerovski ( `the Lobbyists' ) . BACKGROUND In order to place Elgin' s interests at the forefront of policy discussions in Springfield, and to a lesser degree in Washington, the City has developed a centralized approach in the area of intergovernmental affairs . The City' s efforts have been centered upon participation in the DuKane Valley Council, frequent meetings with policy makers, and a structured approach to securing outside funding for City projects, particularly through Illinois First Monies . In order to move forward, it is recommended that the City continue its agreement with the Lobbyists for an additional two (2) years, which would cover the 2003-2004 Legislative Session in Springfield. During 2002 a great deal has been achieved with the assistance of the lobbyists . The lobbyists played a critical role in Elgin Day, monitoring and providing feedback to numerous legislators on the City' s position on various bills and proposals such as : income tax distribution, taxes on gaming licenses and numerous other bills which would impact the City of Elgin if signed into law. Without their assistance through a coordinated approach by the City Manager' s Office, it is highly likely that the City would not even be aware of many of these proposals, let alone take a position on them. Renewal of Legislative Representation Agreement October 6, 2002 Page 2 Furthermore, the lobbyists are well-respected by our representatives and have developed strong working relationships with them. 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. Due to the amount of contact between the City and the lobbyists, they are requesting a two (2) year contract and an increase in their fees. The two (2) year contract is logical as it will run concurrent with the legislative session. Secondly, Assistant City Manager Stegall is in weekly contact with the lobbyists that would exceed the amount requested if we were to be billed on an hourly basis . In addition, even with the fee increase, their fee is still lower than the original proposals from 2001 . As an example, the City of DeKalb pays their lobbyist $60, 000 per annum. The costs of the program should be more than made up through additional dollars being brought to the City. It should be noted that the City is still in the process of securing the $5M dollar Elgin Salvage Grant which the lobbyists greatly assisted in securing. 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 None. FINANCIAL IMPACT Sufficient funds in the amount of $24, 000 have been budgeted and $10, 000 remains for the balance of the 2002 contract with both lobbyists in the Elgin Riverboat Fund, account number 275-000- 791 . 80-37 . If the Council concurs with this proposal, they will be committing to budgeting monies in 2003 ($26, 500) and 2004 ($30, 000) in order to encumber funds for the two (2) years of the contract . Renewal of Legislative Representation Agreement October 6, 2002 Page 3 LEGAL IMPACT An agreement will need to be prepared. ALTERNATIVES 1 . The City Council could choose not to retain the services of the lobbyists . 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 $26, 500 in 2003 and $30, 000 in 2004 . Respectfully submitted, Olufemi F ar' Inter' Ci y Manager SRS/srs Attachment LAW OVF2Cr-8 LAWRpNpE J.SU'.P'REMN,JR. 444 FORTH MICHIGAN AVE-,%-US 23TH FZ.0012 CMOAGO,LLLi- ore 6081x 1"KO:vE 014.888.41!'0 FAX 312.327.goig Date. August 6,2002 To: Sean Stegall Fax: 847931-5610 From Lawrence J. Suffredin,Jr. Steven Nemerovski Re_ Representation of the City of Elgin for the 2003—2004 L cgislative Session We have enjoyed representnag the City of Elgin during the current legislative session. The Process of representing the City to both the State and Federal governments is just beginning and wxU require further efforts to obtain your funding objectives for municipal services, transportation and economic development. We also need to work on the sales tax fairness legislation you have suggested with other communities. While we ect significant gnificant State funding to be received by the City soon our other projects will require additional time. We also need to develop a new agenda of issues for the new General Assembly. We would like to continue to represent the City in the coming legislative session. This session at the State level will bring a new Governor and almost 40 new members of the ' General Assembly, These changes will make it more important for the City to be pushing its agenda early. We propose continuing our representation of the City under the current requirements of the contract until January 2003. After that date we propose that the comtract term follow the legislative calendar and be for two years with all of our duties to the City staying the same, ' but that payment for professional services changing to $26,500 for 2003 and $30,000 for 2004. Please review this proposal. We would like the opportunity to discuss the proposal and meet with you and the City Council at a mutually convenient time. CO FIDE\rL�LfT rE The peen aetompanying this facs"n"t tranttnission tontsin inforntetion from the Law QReti of Lawy#ntt J,$uffredin,Jr. which is tonttdentftt and privileged. The faformatton is Intended for the sot#yse of the individual or entiq Idtntlffed on this cover sheet. ►f you art not the Intended recipient,your use of this information 11 prohibited. Ifyou have received tuts nti t ItIte in error,pis co notify us b,• ttlepbone immediattly so that we can arrange for the retrievai of the documents at no cost to you.