Loading...
R-70-09 Res Legal Svc Raysa ZommermanVILLAGE PROSECUTOR FEE AGREEMENT The client, Village of Lemont, (the "Village ") and the attorney, Carey Cosentino, (the "Attorney ") hereby agree to the following Fee Agreement concerning the Attorney's services as Village Prosecutor: The Village agrees to pay the Attorney a flat monthly sum of One Thousand, Five Hundred Dollars ($1,500.00) to serve as the Village's prosecutor in connection with all traffic and ordinance enforcement cases filed in the 5th District of Cook County, Bridgeview, Illinois. This flat monthly payment is intended to provide the Attorney with approximately 8.6 hours of compensated time at the billing rate of $175.00 per hour each month. Services included in this flat monthly payment are as follows: All travel to and from Court, all preparation of cases for trial or other disposition, all communications with civilian or police witnesses, and all in- person meetings with police or Village personnel concerning traffic or enforcement matters pending in the 5th District Court facility. The Village is currently assigned two (2) monthly "key dates" in the 5th District Court facility. If, for any reason, that number is expanded beyond the present two (2) dates, the Village agrees to compensate the Attorney for the additional date(s) at the hourly rate of $175.00 per hour based on the number of hours of service required on those additional dates. The parties acknowledge that it may, on occasion, be necessary for the Attorney to prosecute traffic or ordinance enforcement cases in counties other than Cook County. If and when such services are necessary, the Village agrees to compensate the Attorney for those services at the billing rate of $175.00 per hour, with said charges to be added to the flat monthly payment herein above referenced. The parties further acknowledge that it may, on occasion, be desirable that the Attorney take legal action on a traffic or ordinance enforcement case after the initial disposition of said case. e. g. an appeal or a collection proceeding. If and when such services are necessary and approved by the Village, the Village agrees to compensate the Attorney for those services at the billing rate of $175.00 per hour, with said charges to be added to the flat monthly payment herein above referenced. The parties further agree that any legal services provided by the Attorney and authorized by the Village, not otherwise covered by this agreement, shall be compensated at the billing rate of $175.00 per hour. Notices. Notices under this agreement shall be sent by fax or U.S. Mail as follows: If to Village: Village Administrator Village of Lemont 418 Main Street Lemont, IL 60439 Fax (630) 257 -1598 If to Carey Cosentino Carey Cosentino 1900 Suite Road, Suite 501 Oak Brook, IL 60523 Fax 630 - 684 -0410 We, the Village of Lemont and the Attorney, Carey Cosentino, having read the foregoing Fee Agreement and understanding its terms and conditions, have hereunder affixed our signatures or seals in acceptance thereof. Carey Cosentino, Attorney at Law VILLAGE O .EMONT By: By Carey Cosentino Date: rI . Reaves, Village President Village Clerk Legal Services Agreement 1. Raysa & Zimmermann, LLC ( "R &Z ") is hereby engaged to perform the services of Village attorney as set forth in the ordinances of the Village of Lemont ( "Village ") and as outlined or limited by this agreement. At all times, R &Z shall conduct itself in accord with applicable law and in accord with the Rules of Professional Conduct of the Illinois Supreme Court ( "RPC "). 2. Tenn. The term of this agreement shall be for the period of January 1, 2010 through December 31, 2010. The parties may by mutual agreement modify, extend or cancel this agreement at any time. 3. Principal Counsel. Daniel Blondin shall be the principal attorney assigned by R &Z to serve Lemont and shall act as "Village Attorney ". Blondin shall manage the staff and resources of R &Z to perform all functions attendant to the position of Village attorney. 4. R &Z may perform such other functions as agreed between the parties from time to time. 5. Standard Fees. The Village shall pay R &Z on a time and expense basis as follows: $185 per hour for partners, $155 per hour for associates and $65 per hour for paralegals. Time and expenses shall be billed by R &Z in arrears in the month following the month in which services are rendered. Expenses shall be billed at actual cost. 6. Scope of Services for standard fees: The following scope of services shall be billed pursuant to the Standard Fees: a. Village Board meetings (Assumes 2 per month) b. Village Board committee of the whole — (Assumes 1 per month) c. Department head staff meetings (Assumes 2 per month); d. Telephone conferences and correspondence; e. Review of routine ordinances prior to introduction to Village Board f. Drafting routine ordinances and resolutions not prepared by Village staff (does not include major rewrites to Village Code); g. Police discipline through final order of BOFPC; h. Liquor commission proceedings through final order of local commissioner; i. Annexations where Village not reimbursed by landowner or other source; j. Litigation, including appeals from BOFPC and local liquor commissioner k. Major rewrites of the Village Code 1. All legal work not excluded below. 7. Standard Fee Services performed as needed. The following services shall be billed pursuant to the Standard Fees, but shall be performed on an "as needed" basis as determined by R &Z and the Village Administrator or Village President: a. Plan Commission Meetings; b. Zoning Board of Appeals Meetings; Legal Services Agreement Page 2 c. Board of Fire & Police Commission Meetings; d. Village Board Committee Meetings other than Committee of the Whole. 8. Services subject to further negotiation. The following services shall be invoiced as agreed from time to time by R &Z and the Village President: a. Annexations where developer /landowner or other source is required to pay Village legal fees; b. Bond Issues; c. Out of pocket expenses d. Zoning and development work where developer required to pay Village legal fees e. Major village development or procurement projects requiring extraordinary allocation of R &Z resources. 9. Excluded from scope of services. The following categories of service are excluded from the services of R &Z unless otherwise agreed: a. Labor negotiations b. Prosecution 10. Amendments. The parties may at any time amend this agreement by mutual agreement. 11. Additional consideration. As additional consideration for this Agreement, (a) the Village will adopt an ordinance requiring payment of the Village's legal fees for major development projects. 12. Indemnification. The Village of Lemont shall defend, indemnify and hold R &Z harmless from any and all claims brought by third parties against it, its principals and its employees for acts or omissions arising out of R &Z's duties under this agreement. Claims for willful and wanton conduct of R &Z , intentional torts, or criminal activity shall not be included in this section. In addition, this section shall not apply to claims by the Village against R &Z. 13. Notices. Notices under this agreement shall be sent by fax or U.S. Mail as follows: If to Village: Mr. Ben Wehmeier Village Administrator Village of Lemont 418 Main Street Lemont, IL 60439 Fax (630) 257 -1598 2 If to R &Z Michael F. Zimmermann Managing Partner Raysa & Zimmermann, LLC 22 S. Washington Ave. Park Ridge, IL 60068 Fax 847 - 268 -8614 Legal Services Agreement Page 3 14. Relationship of the Parties. R &Z shall act as an independent contractor in providing and performing all services. Nothing in or done pursuant to this Agreement shall be construed to create the relationship of employer and employee. 15. Conflict of Interest. R &Z represents and certifies that, to the best of its knowledge, (1) no Village employee or agent is interested in the business of R &Z or this Agreement; (2) as of the date of this Agreement neither R &Z nor any person employed by R &Z has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) there is no conflict of interest as contemplated by RPC 1.7, 1.8, or 1.9. 16. No Collusion. R &Z represents and certifies that (1) R &Z is not barred from contracting with a unit of state or local government as a result of (a) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless R &Z is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1 -1 et seq., 65 ILCS 5/11- 42.1 -1 et seq.; or (b) a violation of either Section 33E -3 or Section 33E -4 of Article 33E of the Illinois Criminal Code of 1961, 720 ILCS 5/33E -1 et seq. 17. Sexual Harassment Policy. R &Z certifies that it has a written Sexual Harassment Policy in full compliance with 775 ILCS 5/2- 105(A)(4). 18. Termination. Notwithstanding any other provision hereof, the either party may terminate this Agreement at any time upon 7 days prior written notice (the "Termination Notice ") to the other. In the event that this Agreement is so terminated, R &Z shall be paid for services performed and expenses incurred as of the effective date of termination. 19. Non - Discrimination. In all hiring or employment by R &Z pursuant to this Agreement, there shall be no discrimination against any employee or applicant for employment because of age, race, gender, creed, national origin, marital status, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. R &Z agrees that no person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by, or resulting from, this Agreement. 20. Effective Date. This agreement shall be binding on the parties and effective as of the date fully executed by both parties. RAYSA & ZIMMERMANN, LLC VILLAGE 0 LEMONT By: By: G4. k----- Michael F. Zimmermann, Brian K. Reaves, V lage President Managing Partner Date: Attest 3 Village Clerk