R-70-09 Enter into an Agreement for Legal ServicesRESOLUTION��� —t—�
A RESOLUTION TO ENTER INTO AN AGREEMENT FOR LEGAL
SERVICES
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that:
SECTION 1: That the Village President is authorized to enter into an agreement
with Raysa & Zimmerman, LLC and Carey Cosentino for purposes of providing legal
services for the Village.
SECTION 2: Effective Date: This Resolution shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this Day of , 2009.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
V
V
v
V
v
BRI K. REAV S Village President
VILLAGE 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
By:
Carey Cosentino
Date:
VILLAGE 0 EMONT
Bv`
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. Term. 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 O LEMONT
Managing Partner
Date: Attest
By: By:
Michael F. Zimmermann, / Bnan K. Rea ves V la g a President
Village Clerk