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Home My WebLink AboutR-2310 - 08/12/2025 - AGREEMENTS - ResolutionsvrttAct crf OAI( BROOK,,/11r'trr t i ITEM 6.f,.2. BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER I2OO OAK BROOK ROAD OAK BROOK. ILLINOIS 630-368-5000 AGENDA ITEM Board of Trustees Regular Meeting of August 12, 2025 SUBJECT: FROM: Engagement Agreement with Attorney Kenneth Anspach Greg Summers, Village Manager BUDGET SOURCE/BUDGET IMPACT: TBD, Based Upon Hourly Billables, Budgeted As Legal Contingency ln General Fund RECOMMEI{DED MOTION: I move to approve Resolution R-2310. A Resolution Authorizing and Approving the Execution ofan Engagement Agreement with Anspach Law Oflice Background/Historv: Earlier this year, based upon Village Board discussion in Executive Session, there was consensus for the Village Manager to retain Attorney Ken Anspach ofAnspach Law Office for legal services relative to an insurance issue. subject to the Village Manager's spending authority limit. As the matter develops. it has become evident that expenditures will exceed the Village Code authority, so the Village Board must now authorize a further Engagement Ageement with Attomey Anspach for the balance of his services. Recommen dation: Staff recommends that the Village Board approve Resolution R-2310. A Resolution Authorizing and Approving the Execution ofan Engagement Agreement with Anspach Law Office Attachments: None THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION N UM BER 202s-ADMI N-VA-CNTRCT-R-231 O A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF AN ENGAGEMENT AGREEMENT WITH ANSPACH LAW OFFICE LAURENCE E. HERMAN, Village President NETASHA SCARPINITI, Village Clerk NAVEEN JAIN MICHAEL MANZO MELISSA MARTIN JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on the 12th day of August 2025 RESOLUTION NO, 2O25.ADMIN.VA.CNTRCT.R.231 O A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF AN ENGAGEMENT AGREEMENT WTH ANSPACH LAWOFFICE WHEREAS, the Village has in full force and effect a codified set of ordinances which are ofa generaland permanent nature, which said codified set is known and designated astheVillage Code of the Village of Oak Brook, as amended; WHEREAS, Title 1 (Administration) Chapter 5 (Appointed Village Officials) Article A (Village Manager) Seclion 1-5A-4 (Purchasing Authority) generally provides that contracts for contractual services involving the expenditure of not more lhan twenty thousand dollars ($20,000.00) shall be authorized by the Village Manager; WHEREAS, Staff recommends the Corporate Authorities authorize and approve the execution of the Engagement Agreement with Anspach Law Office, attached herelo and incorporated herein as Exhibit A, for legal services (the "Engagement Agreement"); WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to authorize the foregoing actions. NOW, THEREFORE, BE lT RESOLVED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, lllinois as follows: Section One - Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble lo this Resolution are full, true, and conecl and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section Two - Approval The Corporate Authorities hereby does approve the Engagement Agreement with Anspach Law Office, attached hereto and incorporated herein as Exhibit A. Section Three - AuthorLation and Direction The Village Manager is hereby authorized to execule, and if necessary the Village Clerk is hereby authorized to attest the Engagement Agreement, substantially in the form attached hereto as Exhibit A. 2 WHEREAS, the Mllage of Oak Brook is a municipal corporation wilh authority provided for and granted pursuant to the lllinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafier refened to as "Village") upon approval ofthe Mllage President and Board of Trustees (collectively, the "Corporate Authorilies') may enter into an agreement with another party pursuant to lllinois Statute; Section Four - Other Actions Authorized The officers, employees and/or agents of the Village shall take all ac{ions ne@ssary or reasonably required to carry out and give effect to the intent of this Resolution and otheMise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Engagement Agreement. Additionally, the Village is authorized and directed to allocate and spend all necessary funds to fullill the requirements of the attached Engagement Agreement Section Six - Acts of Village Officials That all past, present and future acls and doings ofthe officials ofthe Village that are in conformity with the purpose and intent of this Resolution are hereby, in all respects, ratified, approved, authorized and confl rmed. Section Seven - Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Sec{ion Eight - Publication This resolution shall be published in book or pamphlet form as provided by the lllinois Municipal Code. Section Nine - Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Ten - Saving Clause lf any seclion, paragraph, clause or provision of this resolutaon is declared by a court of law to be invalid or unconstilutional, the invalidity or unconstitutionality thereof shall not affecl the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eleven - Recording This resolution shall be entered into the minutes and upon the journals of the Board of Truslees of the Village of Oak Brook. J PASSED THIS 12th day of August 2025. Trustees Jain, Manzo, Martin, Nagle, ReddyAyes: Nays:None Trustee TiesengaAbsent: APPROVED THIS 12'h day of August 2025. .HE Village President ATTEST: Village Clerk SCARPINITI, 4 EXHIBIT A Engagement Agreement 5 ANSPACH LAW OFFICE Kenneth G. Aospach Attorne)' 77 West Washington Street Suite 1420 Chicago, lL 60602 (312) 407-78EE Fax: (312) 372-32O6 ken@anspachlawo6ce.com August l, 2025 YIA ELECTRONIC lvL4ll Insurance Coverage Underlying Case: Int etgovetnmentol Risk Managemenl Agency : v. The Yillage oJ-Oak Brook, el al. Re Dear Mr. Summers: To the extent set fordr herein, this lmer supersedes the engagement ageement dated May 30,2025 (the "5/30/25 Agreement") between the Village ofOak Brook (hereinafter, the "Client" or "you') and Anspach [.aw Office and Kenneth Arspach (hereinafter the "Firm") to represent you from and after May 29, 2025 in matters relative to the above-referenced coverage claim. It is the Firm's policy to explain in writing how we charge for our serv'ices and to obtain an acknowledgnent ftom you confirming that undestanding. All ofthe Firm's sen'ices are rendered on an hourly basis. The Firm's current hourly rates are listed on Exhibit "A" attached hereto and made a part hereof. You will be billed for all of the time spent handling your matters, including but not limited to time spent on case administration. conferences, research and travel. The Firm reserves the right, on an annual basis, to increas€ the hourly rates ofour attomeys and other employees by some modest amount. In such event, you will be informed immediately upon the change being made. In addition to our howly charges, we may, in our discretioq advance out-of-pocket costs incurred on your behalf such as electronic research. postage, photocopies, filing fees, deposition costs, and travel expenses, ifany. As such, you agree to pay said costs upon receipt ofour invoice for same. Greg Summers, ICMA-CM, AICP Village Manager Village of Oak Brook 1200 Oak Brook Rd. Oak Brook, lL 60523 Exhibit "A" Anspach Law Office Kenneth Anspach Law Clerks Paralegals Prevailinc Hourly Rates $525.00 $262.50 s262.s0 i.. Greg Summers, ICMA-CM, AICP Village Manager Village of Oak Brook August l, 2025 Page 2 Statements will be rendered on a monthly basis. Payment is due upon receipt. Ifany ofour bills is not paid within 30 days ofthe date thereon, interest at the rate ofone and one-half percent (1.5%) per month will be charged. You agree to reimburse the Firm for any and all attomeys' fees and other expenses, including deposition costs, incurred by the Firm in the enforcemenl of this Agreement. Prior to our commencement ofwork on your behal{ we required that you pay an initial retainer of$10,000.00 dollars. The Firm acknowledges that that retainer has previously been paid. Charges have been and will condnue to be made ^gainst *" .".riner as the is expended and as out-of-pocket expenses are incurred on the file. It is understood that your spending authority on this matter was limited under the 5/3025 Agreement to $20,000 subject to an authorization by the Village Board ofTrustees to exceed that amount. The u,ithin agreement confirms that ttre Village Board ofTrustees has authorized you to exceed that previous $20,000 limit. The legal repres€ntation under this Agreement now thereby encompasses all fees and expenses incuned from and afrcr May 29,2025, including those in excess of$20,000. The retainer must be replenished as charges are incuned against it. A separale expert retainer will be required in the event any technical experts are engaged on your behalf and with your approval. I look forward to continue working with you and I appreciate the conlidence you have placed in my Firm. Please be assured that you have my utmost attention and concem in working on your matter. If the terms of this retention arrangement are agreeable to yorq kindly sigr this letter and retum il to me via rehnn email. Very Village of Oak Brook Kenneth Greg ICMA-CM, AICP Village Manager Village of Oak Brook IINSP1\CH I-AW OFFICE KENNE-TH G. ANSPACH ATTORNEY 77 wEsr WASHINGToN STREET SUITE 1 42o CHrcAGo, lLLrNors 60602 MAN: (31 2) 407-7888 F ^x'. (312) 37 2-32c6 KEN@ANsPAcHLAwoFFrcE.coMtv{ay 30, 2025 t'1.4 ELECTRONIC IIIAIL Greg Summers, ICMA-CM, AICP Village Manager Village of Oak Brook 1200 Oak Brook Rd. Oak Brook, lL 60523 Re: Insuronce Coverage: Intergovernmental Risk Management Agenq': Underlying Case: v. The l'illage of Oak Brook et al. Dear l!fu. Summers: This lefter *'ill serve as confirmation that;,ou have engaged Anspach law Ollice and Kenneth Anspach (hereinafter the "Firm") to represent the Village of Oali Brook (collectively. the "Client" or']ou") fiom and after May 29, 2025 in matters relative to the abore-referenced coverage claim. It is the Firm's policy to explain in writing how ue charge for our sen'ices and to obtain an acknowledgment from you confirming that undersanding. All ofthe Firm's services arc renderd on an hourly basis. The Firm's current hourly rates are listed on Exhibit *A" attached hereto and made a part hereof. You rill be billed for all of the time spent handling your matters. including but not limited to time spent on case administration, conGrences. research and travel. The Firrn resenes the righl on an annual basis. to increase the hourl-v rates of our attomeys and other employees b-v some modest amount. In such event. you will be informed immediately upon the change being made. ln addition to our hourly charges, we may. in our discretion, advance out-of-pocket costs incurred on your behalf srrch as electronic res€arch, postage, photocopies. filing fees, deposition costs, and travel expenses. ifany. As srch, you agree to pay said costs upon receipl ofour invoice for sarne. Greg Summers, ICMA-CM, AICP Village Manager Village of Oak Brook May 30,2025 Page 2 Statfiients rvill b€ rendered on a monthly basis. Payment is <Iue upon receipt. If any of our bills is not paid *,ithin 30 days of the date thereon, interest at the rate ofone and one-half percent (1.5%) per month $ill be charged. You agree to reimburse the Firm for any and all attomeys' fees and other expenses. inctuding deposition costs. incuned by the Firm in the enfbrcement of this Agreement. Before we commence any work on your behalf'. ue require that you pay an initial retainer of $10.000.00 dollars. Charges u.ill be made asainst the retainer as time is expended and as out-ot--fncket experBes are iacurred on the file. It is tmderstood that your spending authority on this matler is limited to $20,000 unless and until you are authorized to exceed that amomt by the Village Board of Trusees. If and when such authorit-v is provide4 the legal representation under this Agreement will encompass all fees and expenses invoiced. including those in excess of $20.000. The retainer must be replenished as charges are incurred against it. A separate expert retainer will be required for any technical experts *e engage on your behalf. I anr looking for*ard to w'orking with you and I appreciate the confidence you have placed in my Firm. Please be asstued that you will have mrv utrnost attention and concem in *orking on your matter. Ifthe terms ofthis retention arrangement are agreeable to 1'ou. kindly sign this letter and return it to me via FedEx with your retainer check. Village of Oali Brook Kenneth Arspach Greg Summers, ICMA-CM, AICP Village Manager Village of Oak Brook l--/' Exhibit "A" Aaspach Iaw Oflice Kenneth Anspach Law Clerks Paralegals Prevailing Houdy Rates $s25.00 $262.50 $262.s0