Resolution 2019-38 Resolution No. 2019-38
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE
VILLAGE OF OSWEGO,KENDALL AND WILL COUNTIES,ILLINOIS,THE UNITED CITY
OF YORKVILLE,KENDALL COUNTY,ILLINOIS,AND THE VILLAGE OF
MONTGOMERY,KANE AND KENDALL COUNTIES,ILLINOIS
FOR THE SHARING OF GOVERNMENTAL AFFAIRS SERVICES
WHEREAS, the United City of Yorkville, Kendall County, Illinois, the Village of
Oswego, Kendall and Will Counties, Illinois, and the Village of Montgomery, Kane and Kendall
Counties, Illinois are duly organized and validly existing units of local government created in
accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970
provides that units of local government may contract or otherwise associate among themselves to
obtain or share services and to exercise,combine, or transfer any power or function in any manner
not prohibited by law or by ordinance and may use their revenues and other resources to pay costs
related to intergovernmental activities; and,
WHEREAS, the United City of Yorkville, the Village of Oswego, and the Village of
Montgomery require governmental affairs services ("Lobbying Services") to support legislative
issues on behalf of and for the benefit of the City and Villages; and,
WHEREAS, the Village of Oswego entered into an engagement letter with Kasper &
Nottage,P.C.of Chicago,Illinois dated November 6,2019,attached hereto as Exhibit A,to provide
lobbying services; and,
WHEREAS, the United City of Yorkville, the Village of Oswego, and the Village of
Montgomery have discussed and come to an agreement for the sharing of such lobbying services
obtained by the Village of Oswego and have described that agreement in an intergovernmental
agreement attached hereto and approved by this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the INTERGOVERNMENTAL AGREEMENT AMONG THE VILLAGE OF
OSWEGO, THE UNITED CITY OF YORKVILLE, AND THE VILLAGE OF MONTGOMERY for
the sharing of governmental affairs services between the Village of Oswego, Kendall and Will
Counties, Illinois, the United City of Yorkville, Kendall County, Illinois, and the Village of
Resolution No.2019-38
Page 1
Montgomery, Kane and Kendall Counties, attached hereto and made a part hereof as Exhibit B, is
hereby approved and the City Administrator is hereby authorized to execute and deliver said
Agreement on behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
26th day of November, 2019.
•
060a. Adem,t;16
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON ABSENT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
t-b day of b ECE/4 E/z , 2019.
ftm'/
/i
MAYOR
Attest:
0704. Oki/It
City Clerk
Resolution No.2019-38
Page 2
EXHIBIT A
Kasper & Nottage, P.C.
Government and Public Affairs Consulting
Michael J.Kasper 222 Merchandise Mart Plaza
Courtney C.Nottage Post Office Box 3590
Attorneys/Consultants
Chicago,Illinois 60654-3590
David M.Dring 312.704.3297
Government/Public Affairs Consultant
November 6,2019
VIA EMAIL: ddisanto(a oswegoil.org
Mr. Daniel Di Santo
Village Administrator
Village of Oswego
100 Parkers Mill
Oswego, Illinois 60543
Dear Mr.Di Santo:
I hereby propose this engagement letter and retainer agreement between Kasper&Nottage,
P.C. ("KN") and Village of Oswego ("Village"). KN proposes and, upon the acceptance by the
Village of this proposal, agrees to provide the Village, with lobbying services ("services") as
described herein.
Term: This Agreement will commence on December 1, 2019 and continue until November 30,
2020.
Scope of Services: KN shall lobby,as defined in the Illinois Lobbyist Registration Act(25 ILCS
170/2(e)), legislative issues on behalf of the Village.
Compensation: For these services,the Village,shall pay KN a monthly retainer fee of$7,000 per
month. The first installment for December 2019 will be payable upon execution of the Agreement,
followed by monthly installments beginning January 1, 2020. KN shall invoice the Village
separately for each installment on the first day of each month.
KN shall not bill the Village for expenses incurred in the ordinary course of business, such as
telephone, facsimile, overnight delivery or photocopying. KN shall not bill the Village for travel
expenses incurred within the State of Illinois. However, the Village, will reimburse KN for
reasonable out-of-state travel costs made at the Village's request.
Chicago • Springfield
Kasper & Nottage, P.C.
Mr. Daniel Di Santo
November 6,2019
Page 2 of 2
Termination of Agreement: Either party may terminate this Agreement for any reason at any
time upon one (1) day written notice. Upon termination, the Village shall pay a pro-rata share of
any outstanding fees to KN as of the time of termination.
If this agreement is satisfactory,please sign,date and return an original to me. If you have
any questions,please do not hesitate to call.
Sincerely,
4
Michael . Kasper
Retainer Agre- s ent Accepted:
...40By:
Village of Oswego
Print Name: 7, Jp4 R L i> 2
Title: V /L(466- ?gam A7r
Date: /a-1 l 19
EXHIBIT B
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OSWEGO,THE UNITED CITY OF YORKVILLE,AND THE
VILLAGE OF MONTGOMERY
This INTERGOVERNMENTAL AGREEMENT(the "Agreement") is made and
entered into as of the effective date provided in Section 15 of this Agreement, by and
between the VILLAGE OF OSWEGO, an Illinois municipal corporation(hereafter
referred to as"Oswego"),the UNITED CITY OF YORKVILLE, an Illinois municipal
corporation(hereafter referred to as"Yorkville"), and THE VILLAGE OF
MONTGOMERY(hereafter referred to as"Montgomery"), an Illinois municipal
corporation (collectively, "the Parties").
WITNESSETH:
WHEREAS,the provisions of Article VII, Section 10 of the 1970 Illinois
Constitution and the provisions of the Intergovernmental Cooperation Act(5 ILCS 220/1
et seq.)authorize and encourage intergovernmental cooperation; and
WHEREAS,the Parties desire to retain the firm of Kasper&Nottage, P.C. to
perform governmental affairs services on behalf of the Parties to represent their common
interests.
NOW, THEREFORE, in consideration of the promises, covenants,terms and
conditions set forth in this Agreement, the Parties hereby agree as follows:
1. Governmental Affairs Services Contract. Oswego will enter into a contract
with Kasper&Nottage, P.C. for purposes of Kasper&Nottage, P.C.providing
governmental affairs services on behalf of the common interests of the Parties.
2. Cost-Sharing. The Parties agree that they will equally share the cost of all
services rendered by Kasper&Nottage, P.C., and each party will be responsible for
paying one-third of Kasper&Nottage P.C.'s monthly fee. Each month, Oswego will
provide Yorkville and Montgomery with a copy of the Kasper&Nottage, P.C.'s invoice.
Yorkville and Montgomery will remit payment to Oswego within 30 days of receiving a
copy of the invoice.
3. Term and Termination. This Agreement shall commence on the date set forth
in Paragraph 15 and shall continue in full force and effect until terminated. Either party
may terminate this Agreement at any time by providing the other party with at least one
(1)day prior written notice of such termination. In addition,the parties may terminate
this Agreement by written mutual consent and agreement. Each party will be responsible
for payment of their share of fees accrued prior to termination.
4. Notices. All notices concerning this Agreement shall be in writing and
addressed to the other party as follows:
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If to Oswego: Village of Oswego
Attn: Village Administrator
100 Parkers Mill
Oswego, Illinois 60543
If to Yorkville: United City of Yorkville
Attn: City Administrator
800 Game Farm Road
Yorkville, IL 60560
If to Montgomery: Village of Montgomery
Attn: Village Administrator
200 N River Street
Montgomery, IL 60538
Unless otherwise provided herein,notices shall be hand delivered, or sent by
registered or certified U.S. mail postage prepaid, by commercial overnight delivery
service, or transmitted by facsimile. Notices shall be deemed served or delivered to the
addressee or its office when received at the address for notice specified above when hand
delivered, upon confirmation of sending when sent by facsimile, on the day after being
sent when sent by overnight delivery service, and on the second business day after
deposit in the mail when sent by U.S. mail. A party may change its designated recipient
or address for notification purposes by giving the other parties written notice of the new
designated recipient or address.
5. Time of Essence. Time is of the essence and all provisions of this Agreement
herein relating thereto shall be strictly construed.
6. Preambles and Exhibits. The preambles and exhibits to this Agreement are
hereby incorporated as if set forth fully herein.
7. Captions. The captions of this Agreement are for convenience only and are
not to be construed as part of the Agreement and shall not be construed as defining or
limiting in any way the scope or intent of the provisions hereof.
8. Entire Agreement. This Agreement sets forth all of the covenants, conditions
and promises between the parties, represents the entire agreement between the parties,
and supercedes all previous communications or understandings whether oral or written.
9. Amendments Must be in Writing. The covenants,terms or conditions of this
Agreement to be kept and performed by either party, shall not be altered,waived,
modified or abandoned except by a written instrument, duly signed, acknowledged and
delivered by authorized representatives of the Parties.
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10. Severability. If any term or provision of this Agreement shall to any extent
be held invalid or unenforceable,the remaining terms and provisions of this Agreement
shall not be affected thereby, but each term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
11. No Assignment and Successors. No party may assign any rights or duties
under this Agreement without the prior written consent of the other parties. This
Agreement shall be binding upon the successors of the Parties' respective governing
boards.
12. Governing Law. This Agreement shall be construed and governed by the
laws of the State of Illinois.
13. Compliance with Laws. The Parties shall at all times observe and comply
with the laws,ordinances, regulations and codes of the Federal, State, County and other
local government agencies which may in any manner affect the performance of this
Agreement.
14. Counterparts. This Agreement may be executed in counterparts,each of
which shall constitute an original, but together shall constitute one and the same
Agreement.
15. Effective Date. This Agreement shall be deemed dated and become effective
on the date the last of the Parties sign,as set forth below,the signature of their duly
authorized representative.
IN WITNESS WHEREOF, authorized representatives of Oswego, Yorkville, and
Montgomery have executed this Agreement:
VILLA O OS O UNITED C ORKVILLE
By: By:
Title: V I LLIQ 69' FW IDrNT Title: C I'Ty 14t>1KW IST-AA7012
Date: 1 -
la 1)9 Date: ���Co L19
VILLAGE OF MONTGOMERY
By:
Title: G ,oScl1BB`l�
Date: /4�7-/a
3