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R-01-25 Authorizing Approval of a Successor Consulting Agreements 4 8 Main Street I Lemont, IL 60439 SUBJECT: A Resolution Authorizing Approval of a Successor Consulting Agreement with Tai Ginsberg & Associates, LLC for Federal Advocacy Services DATE: January 13, 2025 SUMMARY/BACKGROUND The Village has engaged Tai Ginsberg & Associates, LLC for the last four plus years to provide federal advocacy consulting services for the Village regarding several larger capital and other projects. The Village has been successful securing federal funding for utility, rail, and other infrastructure projects over the last few years. Continuing the agreement for another two years at same terms is recommended. A 2% inflationary increase in rate was included in the renewal. ANALYSIS Consistency with Village Policy Budget (if applicable) STAFF RECOMMENDATION Staff recommends approval of Resolution and agreement BOARD ACTION REQUESTED Motion to Approve Resolution. ATTACHMENTS resolution Tai Ginsberg Consulting.pdf TGA 25 - Village of Lemont IL.pdf RESOLUTION NO. z° A RESOLUTION AUTHORIZING APPROVAL OF A SUCCESSOR AGREEMENT WITH TAI GINSBERG & ASSOCIATES, LLC FOR FEDERAL ADVOCACY SERVICES WHEREAS, the Village of Lemont ("Village") approved a consulting agreement with Tai Ginsberg & Associates, LLC for Federal Advocacy Services on July 27, 2020 and a successor agreement on July 25th, 2022; and WHEREAS, Tai Ginsberg & Associates has provided excellent services to the Village for over 4 years and the Village now intends to approve a successor agreement for an additional 2 years; and NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, ILLINOIS that: SECTION ONE: This Resolution shall be in full force and effect from and after- its passage and approval as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 13th day of January, 2025 PRESIDENT AND VILLAGE BOARD MEMBERS: Janelle Kittridge Kevin Shaughnessy Dave Maher Ken McClafferty Rick Sniegowski Ronald Stapleton AYES: NAYS i� ABSENT: ABSTAIN John VgoYske President .` ATTEST: CHA49U,ENE M. 0LLEV �t? $ i GINSBERG & AssocIATEs, ...... January 9, 2025 George Schafer Village Administrator Village of Lemont 418 Main Street Lemont, IL 60439 RE: Proposal for Strategic Federal Advocacy Services Dear Mr. Schafer: This letter serves as a proposal and outlines the terms of agreement between Tai Ginsberg & Associates, LLC (TG&A) and the Village of Lemont, IL (Lemont) to provide strategic consulting and federal advocacy services. 1. BACKGROUND. The Village of Lemont, IL is embarking on an ambitious effort to transform the Village's economic development initiatives into reality and enhance and expand its transportation and infrastructure. Lemont will also be pursuing projects to further develop water infrastructure projects through the U.S. Army Corps of Engineers. TG&A has provided strategic counsel and advocacy to help the Village further these improvements, including: a. Successfully secured $500,000 in federal Fiscal Year 2024 resources from Congressionally Directed Spending for "Lemont Rail Safety" projects, and coordinated local event with Congressman Bill Foster (IL-11) to announce this funding assistance. b. Further advocacy in the Village's interests includes a $3.135 million line item for Lemont water infrastructure improvements in the House of Representatives' Water Resources Development Act of 2022. c. Successfully advocated for a threefold increase in the Cook County Environmental Infrastructure (Army Corps) budget, to $100 million, within the Water Resources Development Act of 2022; and a new line item of $30 million for Will County. d. Successfully secured approximately $1.5 million agreement with the United States Army Corps of Engineers' Section 219 (Environmental Infrastructure) program for water main improvements in the Village. e. Successfully secured an approximate $133,200 agreement with the United States Army Corps of Engineers' Planning Assistance to States program for studying water levels and quality to improve the I&M Canal. 2. COMPANY. Focused on consulting services within the transportation & infrastructure sector Tai Ginsberg & Associates, LLC (TG&A) provides a strong depth of knowledge ranging from traditional issues concerning air, water, rail and surface transportation all the way to innovative new transportation technologies and services that are rapidly developing. TG&A works with a diverse set of clients in the private sector and has a deep understanding of the funding challenges posed at all levels of government through its work with many public agencies. Our service includes extensive work with the U.S. House of Representatives and U.S. Senate, developing or modifying policies and programs to meet client objectives while building relationships for our clients to leverage. We also provide assistance to clients with matters before the U.S. Department of Transportation (DOT) and its modal agencies, and other relevant federal agencies, such as the U.S. Army Corps of Engineers' Chicago District Office and at its Washington, DC headquarters. The firm is active in both the annual federal Energy and Water appropriations and the annual U.S. Army Corps of Engineers work plan processes and the bi-annual Water Resources Development Act (WRDA) process. These efforts have led to numerous funding awards for our clients to pursue flood mitigation, environmental, and general water infrastructure projects and increased awareness by federal decision -makers of the water and infrastructure priorities of our clients. Furthermore, TG&A maintains strong relationships with stakeholders in the transportation industry and can provide a continuous liaison with other Washington, DC - based trade associations and companies. 3. SERVICES/PROPOSED SCOPE OF WORK. During the term of the agreement, TG&A will provide strategic consulting and advocacy services to Lemont that includes the following activities: a. Federal Advocacy Services: TG&A will implement federal government relations outreach and advocacy services to help the Village on federal and state grant and loan programs, legislative, and other infrastructure -related matters. These would include but not be limited to the U.S. Army Corps of Engineers, U.S. EPA (and IEPA), FEMA, U.S. Department of Transportation, and U.S. Department of Commerce programs. In addition, TG&A will assist the Village with both advocating for its priorities in Washington and assisting with rebranding efforts locally. Projects that the Village has identified and seeks assistance will include: • Restoration of the I&M Canal; • Transportation infrastructure improvements; • Enhancement of Amtrak service; and • Water system and sewer improvements. b. Strategic Counsel: In general, TG&A will provide strategic counsel on overall governmental and political trends with potential impacts to the Village. 4. TERM. This agreement will be effective on January 1, 2025, and will continue through December 31, 2026, unless terminated earlier in accordance with Section 11 or renewed under Section 5 below. 5. RENEWAL. Lemont may renew this Agreement for one additional year by providing written notice of its intent to renew at least 30 days prior to the scheduled termination date. If the term of this Agreement is renewed, the terms and conditions of this Agreement shall be the same as the terms and conditions in effect immediately prior to such renewal except that TG&A may increase its standard monthly retainer rate upon written notice to Lemont. 6. FEES AND EXPENSES. In consideration of the services to be provided under this Agreement, Lemont shall pay a retainer of $7,250 per month plus expenses. Necessary expenses for travel, printing, deliveries, and other incidental expenses will be billed at cost. Consulting fees and expenses shall be billed monthly and shall be paid within 30 days from receipt of invoice. 7. CONFIDENTIALITY. If either party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such matters except in the proper performance of this Agreement. The receiving party agrees: (a) not to disclose or otherwise make available Confidential Information of the disclosing party to any third party without the prior written consent of the disclosing party; provided, however, that the receiving party may disclose the Confidential Information of the disclosing party to its officers, employees, consultants, and legal advisors who have a "need to know", who have been apprised of this restriction, and who are themselves bound by nondisclosure obligations at least as restrictive as those set forth in this Section; (b) to use the Confidential Information of the disclosing party only for the purposes of performing its obligations under- the Agreement or, in the case of Lemont, to make use of TG&A services or deliverables; and (c) to promptly notify the disclosing party in the event it becomes aware of any loss or disclosure of any of the Confidential Information of the disclosing party. For the purposes of this Agreement, Confidential Information is defined as information that is treated as confidential by a party, including but not limited to all non-public information about its business affairs, products or services, intellectual property rights, trade secrets, third -party confidential information, and other sensitive or proprietary information. Confidential Information shall not include information that: (a) is already known to the receiving party without restriction on use or disclosure prior to receipt of such information from the disclosing party; (b) is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the receiving party; (c) is developed by the receiving party independently of, and without reference to, any Confidential Information of the disclosing party; or (d) is received by the receiving party from a third party who is not under any obligation to the disclosing party to maintain the confidentiality of such information. 8. INDEMNIFICATION. Lemont shall defend, indemnify, and hold harmless TG&A and its officers, directors, employees, agents, successors, and permitted assigns from and against all losses arising out of or resulting from: (1) bodily injury, death of any person, or damage to real or tangible, personal property resulting from the negligent or willful acts or omissions of Lemont and (2) Lemont's breach of any representation, warranty, or obligation of Lemont in this Agreement. TG&A shall defend, indemnify, and hold harmless Lemont and its officers, directors, employees, agents, successors, and permitted assigns from and against all losses arising out of or resulting from: (1) bodily injury, death of any person, or damage to real or tangible, personal property resulting from the negligent or willful acts or omissions of TG&A and (2) TG&A's breach of any representation, warranty, or obligation of TG&A in this Agreement. 9. COOPERATION. Lemont shall: (a) cooperate with TG&A in all matters relating to the provision of services under this Agreement and appoint a Lemont employee to serve as the primary contact with respect to this Agreement and who will have the authority to act on behalf of Lemont with respect to matters pertaining to this Agreement; (b) provide such access to its premises and such office accommodation and other facilities as may reasonably be required by TG&A for the purposes of performing services under this Agreement; (c) respond promptly to any TG&A request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for TG&A to perform services in accordance with the requirements of this Agreement; (d) provide such materials and information as TG&A may request in order to carry out the services under this Agreement; (e) ensure that all Lemont equipment is in good working order and suitable for the purposes for which it is used and conforms to all relevant legal or industry standards; and (f) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the services to be performed under this Agreement. If TG&A's performance of its obligations under this Agreement is prevented or delayed by any act or omission of Lemont or its agents, subcontractors, consultants, or employees, TG&A shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Lemont, in each case, to the extent arising directly or indirectly from such prevention or delay. 10. CHANGE ORDERS. If either party wishes to change the scope or performance of the services under this Agreement, it shall submit details of the requested change to the other party in writing. TG&A shall, within a reasonable time after receiving a Lemont -initiated request, or at the same time that TG&A initiates such a request, provide a written estimate to Lemont of: (a) the likely time required to implement the change; (b) any necessary variations to the fees and other- charges for the services arising from the change; (c) the likely effect of the change on the services; (d) any other impact the change might have on the performance of this Agreement; and (e) any other information reasonably requested by Lemont. Promptly after- receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change. 11. TERMINATION. Either party may terminate this agreement for any reason upon 30 days written notice to the other party. The monthly retainer shall be billed pro rata for any fractional month remaining after notice is provided and payable within 30 days. This agreement may be extended or amended by mutual agreement signed by both parties as set forth herein. This agreement sets forth the entirety of the agreement between TG&A and Lemont as to the services to be provided and compensation to be made during the term thereof. If Lemont is agreeable to the terms and conditions set out above, please sign below. A filly executed agreement will be transmitted to you for your records. Jason Tai Principal Tai Ginsberg & Associates, LLC (TG&A) Date eo e c er Village Administrator Village of Lemont Hy- ?-r Dat