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Home My WebLink About#5194 Legal Agreement w/Curtis Lane ;2 j RESOLUTION NO. 5194 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-ef forth'in Exhibit 'A" attached hereto.-and incorporated herein; and WHEREAS,the City Council of the.City of Canton has made a similar,determination. s NOW,THEREFORE,BE IT RESOLVED BYTHE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,-ILLINOIS,AS FOLLOWS: i 1, 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 directe_d<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 21S` day'of May 2019 upon a roll call vote as'follow5; AYES: Alderman Justin Nelson,Angela Lingenfelter,Jeff Fritz Angela Hale,John Lovell, Quin Mayhew,Ryan Mayhew NAYS:: : None ABSENT. Alderman Craig,West :. AP ROVED' ent-MCDowell, 'r A EST:. Diana Pavley-Rock; City Clerk E f I . : „. FOR:THE:CITY OF CANTON AG12>CI;N[>CNT:EOR LEGAL SERVICES , THIS AGREEMENT " Agreement") is hereby made this 21 day of May ,2019by and Y between the City of Canton,Fulton County,Illinois (" City") and Curtis 8. Lane;('Lane'-') k E RECITALS Y , WHEREAS, the Cit - 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: L. Period of Agreement:The term.of this Agreement-and'periodof 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 the 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 perforin 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 1.is not an employee of the City but is providing legal services as needed by the City dunng'the tenure of this agreement:- 3... `Hours. of Work: .The parties reali2e 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 84411work-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- 1, 2019 and ending'on April 30, 2020;the amount of'seventy eight thousand four hundred and thirteen dollars ($78;41-3.00),.for:the period;commencing May 1,`2020 and ending on April'30, 2021,the amount of eighty thousand three-hundred.and.seventy three dollars and thirty-three-cents. . ($80,373 33); and annually thereaffer; unless ncreased.by:the--approval-of.the Nlayor apd City Council: 5> Performance Evaluation: The Mayor and city Council<shall review and,evaluate the.perforrriance of Lane:at least oince annually in advance of the:adoption of the annual operating budget And.the annual appointment of Lane: 2 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 terminate Lane's legal services in Ahe event that Lane is no:longer able to perforin.the essential functions of his service's 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 t a reasonable-leave of absence (up to 90 days). Such option shall be exercised by the City-giving j 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 hall 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 tomunicipal 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 arid._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,1cooperate-fully with the City-during the course_of any such investigation, administration,or litigation of any and all claims,complaints;demands;or suits. 3 i 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 inI to,this Agreement., Unless expressly stated other-wise 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:O; CANTON,FULT N COUNYTLLINOIS By. 4 ATTEST City Clerk - 17 Curtis S.Lane 4.