13-63 Resolution No. 13-63
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR. FOR
LEGISLATIVE REPRESENTATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A. Dewis,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.for legislative representation,a copy of which is attached hereto and made a
part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 10, 2013
Adopted: April 10, 2013
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 201' day of March, 2013, 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 herein below.
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 Governments;
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-Five Thousand Dollars
($25,000) for services performed in the year 2013. 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 eleven (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
LOBBYISTS shall be prorated to reflect the reduced term of the agreement.
4. TERM
The term of this agreement shall commence on April 1, 2013, and shall terminate
on March 31 , 2014 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.
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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. 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:
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FROM : FAX N0. Mar. 27 2013 09:00AM P1
A. As to CITY:
SEAN R. STEGALL
City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to LOBBYISTS:
LAWRENCE J. SUFFREDIN, JR.
111 E. Wacker Drive, Suite 2800
Chicago, Illinois 60601
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 LOBBYISTS:
CITY OF ELGIN LOBBYISTS
BY: �
Ci anager Steven Nemerovsld 11
Attest:
Lawrence J. Suffredin, Jr.
City Clerk
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