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Home My WebLink About#5107 Curtis Lane RESOLUTION NO. 5107 A RESOLUTION APPROVING AN AGREEMENT OF LEGAL SERVICES FOR THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS, the Legal &Ordinance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into an agreement for CURTIS S. LANE to provide legal services to the City, as set forth in Exhibit " A" attached hereto and incorporated herein; and WHEREAS,the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: I. That the agreement attached hereto and incorporated herein as Exhibit " A" is hereby approved by the Canton City Council. 2. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 2nd day of May, 2017 upon a roll call vote as follows: AYES: Aldermen John Lovell, Craig West, Angela Hale, Tad Putrich,Angie Lingenfelter NAYS: None ABSENT: Aldermen Ryan Mayhew, Justin Nelson ABSTAIN: Alderman Chris Jump APPROVED: Uyn ;Kent McDowel , Mayor A // :Jana Pavley-Rock, City rk AGREEMENT FOR LEGAL SERVICES FOR THE CITY OF CANTON THIS AGREEMENT (" Agreement") is hereby made this 2nd day of May, 2017, by and between the City of Canton, Fulton County, Illinois (" City") and Curtis S. Lane, ("Lane") RECITALS WHEREAS, the City wishes to utilize the legal services of Attorney Lane for the office of City Attorney. WHEREAS, Lane wishes to serve in the position of City Attorney. NOW,THEREFORE, in consideration of the promises hereinafter exchanged, and other good and valuable consideration,the receipt of which is hereby acknowledged, the parties agree as follows: 1. Period of Agreement: The term of this Agreement and period of services shall be from its execution date and continue until April 30, 2021, unless it is terminated earlier pursuant to the provisions of Paragraphs 6 and 8 of the Agreement. Lane understands that he must be reappointed annually by the Mayor and in the event he is not, it will be treated as a termination without cause. 2. City Attorney duties: During the period of this agreement herein described, Lane shall perform the duties of City Attorney as set out in the applicable statutes of the State of Illinois, and all ordinances lawfully enacted pursuant thereto, the duties specified in the Code of Ordinances of the city, and such other duties as the City Council may lawfully assign Lane. It is understood that Lane is not an employee of the City but is providing legal services as needed by the City during the tenure of this agreement. 3. Hours of Work: The parties realize the position of City Attorney requires the person holding such position to work many weekends, evenings, and other irregular hours. It is understood and agreed that Lane shall work whatever hours maybe necessary in order for him to fulfill the requirements of the position of City Attorney. 4. Salary. Lane shall receive annual compensation for the period commencing May 2017 and ending on April 30, 2018, the amount of seventy-five thousand dollars ($75,000.00), and annually thereafter, unless increased by the approval of the Mayor and City Council. 5. Performance Evaluation: The Mayor and city Council shall review and evaluate the performance of Lane at least once annually in advance of the adoption of the annual operating budget and the annual appointment of Lane. 6. Disability Termination: Notwithstanding anything in this Agreement to the contrary and to the extent allowed by applicable law, the city is hereby given the option to 2 terminate Lane' s legal services in the event that Lane is no longer able to perform the essential functions of his services due to a serious health condition or physical or mental disability, and will be unable to perform such essential functions even with a reasonable accommodation or following a reasonable leave of absence ( up to 90 days). Such option shall be exercised by the City giving notice to Lane by registered mail, addressed to him at his place of residence, or at such other address as Lane shall designate in writing. On the giving of such notice, his services shall terminate on the last day of the month in which the notice is so mailed. 7. Professional and Civic Expense: The City shall pay for or reimburse Lane for reasonable expenses associated with any continuing legal education courses and annual conferences related to municipal law, employment law, human resource law, or any other conferences or continuing legal education requirements of the like. Lane shall be reimbursed for other business expenses in accordance with the budget and as approved by the Mayor and City Council. 8. Renewal: The City and Lane may meet to discuss the renewal of this Agreement at any time during its term. 9. Amendments. All attempted amendments of this Agreement shall be ineffective unless reduced to writing and signed by all parties. 10. Effects. This Agreement shall be binding upon each of the parties hereto and their respective successors, assigns or heirs, as the case may be. 11. Governing Law. This Agreement will be construed, interpreted, enforced and governed, in all respects, in accordance with the law of the State of Illinois and any litigation pertaining to said Agreement must be filed and resolved in the Circuit Court of Fulton County, Illinois. 12. Indemnification. To the extent provided for by applicable law, the City shall save harmless, and indemnify Lane against any tort, professional liability or other claim or demand or any other legal action, whether groundless or otherwise, arising out of an alleged act of omission to act arising out of or from the performance of Lane' s duties as City Attorney. The City shall defend ( including the right to select legal counsel), compromise or settle any such claim, demand or suit and pay the amount of any settlement or judgment rendered thereon against Lane which is not based upon the illegal, bad faith, malicious or willful and wanton conduct of Lane, including the payment of reasonable attorney' s fees and costs incurred in the defense, compromise or settlement of such claim, demand or judgment. This indemnification by the City shall not include punitive damages, unless otherwise allowed by law. In order to be eligible for indemnification by the City, Lane must inform the City of any claim or demand made against him within ten( 10) days of his receipt of the claim or demand. Notwithstanding any provision in this Agreement to the contrary, Lane shall cooperate fully with the City during the course of any such investigation, administration, or litigation of any and all claims, complaints, demands, or suits. 3 13. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent it is incorporated into this Agreement. Unless expressly stated otherwise in this Agreement, all benefits provided to Lane under this Agreement shall cease upon the termination of his services for the City as City Attorney. CITY OF ANTON, FULTON� COUNTY, ILLINOIS By: I `1 Mayor ATT ST: 4,11 CtC t City erk Curtis S. Lane 4 13. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent it is incorporated into this Agreement. Unless expressly stated otherwise in this Agreement, all benefits provided to Lane under this Agreement shall cease upon the termination of his services for the City as City Attorney. CITY OF CANTON,FULTON COUNTY,ILLINOIS By: Mayor ATTEST: City Clerk Curtis S. Lane 4