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R-1820 - 08/13/2019 - AGREEMENTS - Resolutions Supporting DocumentsBOT AGENDA Page 1 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of August 13, 2019 SUBJECT: Appointment of Village Attorney FROM: Riccardo F. Ginex, Village Manager BUDGET SOURCE/BUDGET IMPACT: See Below RECOMMENDED MOTION: Motion To Approve Resolution 2019 AG-LE-EX1-R-1820, A resolution Appointing Ottosen Britz Kelly Cooper Gilbert and DiNolfo, LTD. as Village Attorney and Approving An Engagement Agreement. Background/History: The Village Board decided to issue a Request for Proposal for Village Legal Services. In response to the proposal, the Village Board interviewed five (5) firms. From the interviews two firms were selected to be sent to the Village President. The firm of Ottosen Britz Kelly Cooper Gilbert and DiNolfo, LTD., is being brought forward for Board approval as the new Village Attorney. Mr. Michael Castaldo Jr. will serve as the primary Village Attorney with Mr. Karl Ottosen as the secondary Village Attorney for the Village of Oak Brook. They have agreed to a retainer of $10,500 per month for a two year period. Recommendation: Staff recommends that the Village Board approve the resolution and the engagement letter. RESOLUTION 2019-AG-LE-EX1-R-1820 A RESOLUTION APPOINTING OTTOSON BRITZ KELLY COOPER GILBERT AND DINOLFO, LTD., AS VILLAGE ATTORNEY AND APPROVING AN ENGAGEMENT AGREEMENT WHEREAS, pursuant to Section 1-5B-1 of the “Village Code of the Village of Oak Brook, Illinois,” as amended, provides that there shall be a Village office of Village Attorney, which Village Attorney shall be appointed by the Village President with the consent of the Village Board; and WHEREAS, in July of 2019, the Village issued a request for proposals for general counsel legal services; and WHEREAS, after reviewing the proposals submitted to the Village and interviewing law firms that submitted proposals, the Village President desires to appoint, and the Village Board desires to consent to the appointment of, Ottosen Britz Kelly Cooper Gilbert and Dinolfo, Ltd. (“Ottosen Britz”) to the office of Village Attorney; and WHEREAS, the Village further desires to enter into an engagement agreement with Ottosen Britz to establish the terms and conditions of engagement for Ottosen Britz to serve as Village Attorney (“Engagement Agreement”); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to appoint Ottosen Britz to the office of Village Attorney and enter into the Engagement Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Appointment of Village Attorney. Subject to the execution of the Engagement Agreement attached to this Resolution as Exhibit A, Ottosen Britz shall be, and is hereby, appointed to the office of Village Attorney. Section 3: Approval of Engagement Agreement. The Engagement Agreement by and between Ottosen Britz and the Village is hereby approved in substantially the same form as attached as Exhibit A. Section 4: Execution of Engagement Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Engagement Agreement between the Village and Ottosen Britz after receipt of the final Engagement Agreement fully executed by Ottosen Britz. Section 5: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2019-AG-LE-EX1-R-1820 Appointing Village Attorney and Approving an Agreement Page 2 of 2 APPROVED THIS 13th day of August, 2019. Gopal G. Lalmalani Village President PASSED THIS 13th day of August 2019. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2019-AG-LE-EX1-R-1820 Appointing Village Attorney and Approving an Agreement Page 2 of 2 EXHIBIT A AGREEMENT