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R-637 - 01/24/1995 - TRAFFIC - Resolutions lo 1317 RESOLUTION 95•-AG-EX1-R-637 RESOLUTION AUTHORIZING --LHM EXECUTION OF AGREEMENT FOR PROSECUTION OF TRAFFIC AND MUNICIPAL ORDI9MXCE VIOLATIONS BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS that the Village President and Village Clerk are authorized and directed to execute an Agreement with Linda Pieczynski, attorney, which agreement shall be in substantial conformity with the form of Agreement labeled Exhibit "All and attached hereto- PASSED AND APPROVED this 24th day of January, 1995, by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a rill call vote as follows: Ayes: Trustees Bartecki, Calzaretta, Kenny, McInerney, Payovich and Shumate Nays: None Absent: None Abstain: None TlClikge Pres z-dent ATTEST: z2- Villagg Clerk -z- 7. This Agreement wrd be effective from March 1,1995 through February 28,1996. Notwithstanding any provision contained herein to the contrary,this Agreement may be terminated by either party hereto upon the giving of thirty (30)days prior written notice to the other party. 8. A statement for services rendered shall be made monthly,and payment by the VILLAGE for such services shall be made by the last day of the month following the rendering of services. DATED this 1 st day of March, 1995. VILLAGE OF OAK BROOK DuPage ane took Counties, IL By: � ' • Karen Bushy,Village Pn tdent Ve ATTEST: illage Clerk �..- ✓` yr �� c Linda S. Pieczynski EXHIBIT A 'I AGREEMENT THIS AGREEMENT, made this 1st day of March, 1995, by and between the VILLAGE OF OAK BROOK, DuPage County, Illinois, and LINDA S. PIECZYNSKI, 125 West Second Street, Hinsdale, Illinois 60521. WITNESSETHo WHEREAS, LINDA S. PIECZYNSKI is a licensed attorney in the State of Illinois; and WHEREAS,the VILLAGE OF OAK BROOK is desirous of having its Village ordinances prosecuted in the Courts of DuPage County, Illinois. NOW, THEREFORE, in consideration of the mutual undertakings and promises contained herein, the parties hereto agree as follows: 1. LINDA S.PIECZYNSKI shall prosecute all violations of the local ordinances of the VILLAGE OF OAK BROOK and shall represent the VILLAGE at all regular Court sessions held at the Field Court designated for said VILLAGE's cases during the term of this Agreement. 2. The VILLAGE OF OAK BROOK shall pay LINDA S. PIECZYNSKI One Hundred Twenty-Eight Dollars($128.00)per Court session at which prosecutable local ordinance violations are to be heard for the prosecution of said violations at the designated Field Court. In the event a session exceeds three hours in length, an additional fee of Eighty-Five Dollars($85.00)shall be due for that session. 3. In addition to said fee payment,the VILLAGE agrees to pay to LINDA S.PIECZYNSKI Eighty-Five Dollars ($85.00) per hour for any consultation, research or trial preparation done in connection with the prosecution of said VILLAGE's ordinance violations,for time spent in the preparation of Court documents or correspondence involving said cases and for any Court appearances by LINDA S. PIECZYNSKI at a Court other than the designated Field Court when she is representing the VILLAGE in the prosecution of the violations of its ordinances. 4. The VILLAGE agrees to reimburse LINDA S. PIECZYNSKI for any out-of-pocket expenses incurred in the prosecution of its ordinance violations(i.e., postage or photocopying). 5. LINDA S. PIEGZYNSKI agrees to provide a qualified attorney to represent the VILLAGE in her absence due to illness, conflict in Court schedule or vacation period. The payment for the services of said third party shall be made by LINDA S. PIECZYSNKI to said party. 6. The VILLAGE may designate that individual cases of its ordinance violations be prosecuted by its VILLAGE attorneys.