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HomeMy WebLinkAboutResolution #5376 - appointment of city attorney and approving an agreement pertaining to legal services RESOLUTION NO. 5376 A RESOLUTION APPOINTING CITY ATTORNEY AND APPROVING AN AGREEMENT PERTAINTING TO LEGAL SERVICES FOR THE CITY OF CANTON. WHEREAS, the Mayor 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 with the law firm of DAVIS & CAMPBELL L.L.C. to provide legal services to the City,-8 set forth in Exhibit "A" attached hereto and incorporated herein, and to appoint CHRISTOPHER J.JUMP of said firm to continue serving as City Attorney; WHEREAS, Section 1-10-1 of the City Code of_the City of Canton provides, "The city attorney shall be appointed by the mayor by and with the advice and consent of the council,on the first Tuesday in May of each year, or as soon thereafter as practicable." WHEREAS,the Mayor,Kent McDowell, has appointed CHRISTOPHER J.JUMP of DAVIS & CAMPBELL L.L.C.to serve as the City Attorney; WHEREAS, the City Council has considered the.appointment by the Mayor_ and further consents to the appointment of CHRISTOPHER J. JUMP of DAVIS & CAMPBELL L.L.C. to serve as City Attorney. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. Christopher J. Jump of Davis & Campbell L.L.C. is hereby considered re-appointed and sworn in as City Attorney; 2. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 3. 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. 5. 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 'Tllinois at a regular meeting this P day of May, 2022 upon a roll call vote as follows: _ AYES: �� a� .n<v�oh� ��ti:Ytil�r�I. .., c 15a . T lac��� �t�, 1vc,s��t+ NAYS: ABSENT: A)O,) AP ROVED: ent McDowell, Mayo ATTEST: v Diana Pavley-Rock, City Clerk 1 , AGREEMENT FOR LEGAL SERVICES FOR THE CITY OF CANTON THIS AGREEMENT ("Agreement") is hereby made this 3rd day of May, 2022, by and between the City of Canton, Fulton County, Illinois ("City") and Davis & Campbell L.L.C. ("Attorney"). RECITALS WHEREAS, the City wishes to utilize the legal services of Attorney for the office of City Attorney. WHEREAS,Attorney wishes to provide legal services and for Christopher J. Jump and its other attorneys 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 May 3, 2022 and continue until May 2, 2023, unless it is terminated earlier pursuant to the provisions of this Agreement. 2. City Attorney Duties: During the period of this agreement herein described, Attorney shall perform the duties of City Attorney as set out in the applicable statutes of the State of Illinois and such other duties as the Mayor or City Council may lawfully assign Attorney. It is understood that Attorney is not an employee of the City but is providing legal services, as needed by the City, during the tenure of this agreement. Attorney shall report to the Mayor and City Council only.No other elected officials nor employees of the City shall have any authority to direct Attorney in regards to any legal matters. Christopher J. Jump will have primary responsibility for the City's legal representation as its appointed City Attorney, the City agrees, understands, and acknowledges that other attorneys at Davis & Campbell L.L.C. may assist him from time-to-time. The City should feel free to contact any of the other attorneys in the event Christopher J. Jump is unavailable. 3. Hours of Work: The parties realize the position of City Attorney may require the person holding such position to work weekends, evenings, and other irregular hours. It is understood and agreed that Attorney shall work whatever hours may be reasonably necessary in order for him to fulfill the requirements of the position of City Attorney. 4. General Retainer: Attorney shall receive annual compensation of Eighty Thousand and No/Dollars ($80,000.00) for the period commencing May 3, 2022 and ending on May 2, 2023, unless increased by the approval of the Mayor and City Council. Payments of said compensation shall be made to Attorney in equal monthly installments, due no later than the last day of the month, payable to: Davis & Campbell L.L.C., 401 Main Street, Suite 1600, Peoria, IL 61602, until further written direction by Attorney. In the event the parties hereto have not entered into a new Agreement prior to April 30, 2023 (to become effective May 2, 2023), then Attorney may charge an hourly rate of$200.00 per hour, billed monthly on a quarter (.25) hour basis, for any legal services incurred after April 30, 2023. The General Retainer shall be compensation to Attorney for the purposes of: (1)attending regular meetings of City Council and/or its Committees, 1 as requested; (2) reviewing agendas and preparing typical Ordinances and Resolutions; as timely requested,by the Mayor and/or City Council; (3) general communications and advice between the Mayor and/or City Council in relation to typical City business; (4) representation of the City for purposes of prosecuting ordinance violations or other code violations and court appearances in relation to same (excluding jury trials); and(5) other general matters as deemed appropriate by the Attorney. 5. Hourly Attorney Fees: For all other matters, and in addition to the General Retainer,Attorney shall receive hourly compensation,which will be billed on a quarter-hour(.25) basis. Payments of said hourly compensation shall be made to Attorney monthly, due within thirty (30)days' receipt of the invoice,and made payable to: Davis&Campbell L.L.C.,401 Main Street, Suite 1600, Peoria, IL 61602. The hourly rates may differ, based upon the attorney providing the legal services. Legal services for Christopher J. Jump shall be billed at the hourly rate of$200.00 per hour. Hourly rates for other attorneys at Davis & Campbell L.L.C. may range from $185.00 to$405.00 per hour,depending upon the attorney. The City agrees, acknowledges and understands that other attorneys at Davis & Campbell L.L.C. may assist from time-to-time. For further clarification, the hourly fees will be charged in the event of employment/labor matters (e.g. collective bargaining,negotiation,grievances,mediation/arbitration,personnel policy issues,etc.), contested matters or litigation (e.g. demolition cases,jury trials for ordinance violations, or any other litigation involving the City of Canton and/or its employees in which the City Attorney is asked to be involved), extensive research, extensive ordinance/resolution or contract drafting and/or review, grant applications and legal matters related to any grants, or any other matters that would cause a substantial increase in legal services generally provided under the General Retainer. All travel, communications, e-mails, letters,meetings,phone calls, etc. in relation to the foregoing shall also be billed hourly. 6. Performance Evaluation: The Mayor and City Council may review and evaluate the performance of Attorney at least once annually in advance of the adoption of the annual operating budget and the annual appointment of Attorney. 7. Disability Termination: Notwithstanding anything in this Agreement to the contrary and to the extent allowed by applicable law, the City may terminate Attorney's legal services in the event that Attorney is no longer able to perform the essential functions of his services due to a serious health condition or physical or mental disability, only where Attorney will be unable to perform such essential functions for a period of 90 .days with a reasonable accommodation or following a reasonable leave of absence. Such option shall be exercised by the City giving notice to Attorney by registered mail, addressed to him at Davis & Campbell L.L.C., 401 Main Street, Suite 1600,Peoria, IL 61602, or at such other address as Attorney 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. 8. Professional and Civic Expense: The City shall pay for or reimburse Attorney for reasonable expenses associated with any continuing legal education (CLE) courses and annual conferences related to municipal law, employment/labor law, human resource law, or any other conferences or continuing legal education requirements of the like. Attorney shall be reimbursed for other business expenses in accordance with the budget and as approved by the Mayor and City Council. 2 9. Renewal: The City and Attorney may meet to discuss the renewal of this Agreement at any time during its term. 10. Amendments: All attempted amendments of this Agreement shall be ineffective unless reduced to writing and signed by all parties. 11. Effects: This Agreement shall be binding upon each of the parties hereto and their respective successors, assigns or heirs, as the case may be. 12. 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 shall be filed and resolved in the Circuit Court of Fulton County, Illinois, which shall be the sole and exclusive jurisdiction and venue for resolving any legal disputes hereunder. 13. Other Attorneys: City acknowledges that by executing this Agreement with Davis & Campbell L.L.C., it is intended that Christopher J. Jump will serve as the lead legal counsel for the City of Canton and has been or will be appointed and/or reappointed as City Attorney. However, Christopher J. Jump may employ the use of other attorneys within Davis & Campbell L.L.C., at his discretion and as need may require. Similarly, if Christopher J. Jump is unavailable for any reason, then other attorneys at Davis & Campbell L.L.C. will be responsible for fulfilling the duties outlined in this Agreement. Notwithstanding the foregoing, in the event Davis & Campbell L.L.C. or any of its attorneys believes a conflict of interests exists and it will not be able to represent the City due to said conflict(s), it shall notify the Mayor as soon as practicable upon learning of said potential conflict and in accordance with the Illinois Rules of Professional Conduct so that the City may hire separate counsel for that particular issue. Similarly, if Davis& Campbell L.L.C.believes it does not have the legal experience or resources to adequately address a particular issue, it shall notify the Mayor as soon as practicable upon learning of said potential conflict and in accordance with the Illinois Rules of Professional Conduct so that the City may hire separate counsel for said issue. 14. No Guarantee: City understands that the results of any case,negotiation,contested matter, or litigation are uncertain and City accepts and understands that Attorney can make no guarantee as to the outcome of issues that may arise in connection with City's representation and Attorney's services as City Attorney or otherwise under this Agreement. Attorney agrees to make a professional good faith advancement of the issues,both legal and otherwise,that may arise during the representation of the City to the best of the firm's ability. Attorney will make recommendations to City from time to time during this professional relationship, and City agrees to thoroughly consider Attorney's recommendations. 15. Indemnification: To the extent provided for by applicable law, the City shall hold harmless and indemnify Attorney 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 or failure to act arising out of or from the performance of Attorney'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 Attorney which is not based upon the illegal, bad faith, malicious or willful and wanton conduct of Attorney, including the payment of reasonable attorney' s fees and costs incurred in the defense,compromise 3 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, Attorney 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, Attorney 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. 16. Termination/Withdrawal: City will have the right to terminate Attorney's representation at any time, other than subject to the provisions of Paragraph 7. Attorney will have the same right, subject to an obligation to give City reasonable notice to arrange alternative representation. 17. 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 Attorney under this Agreement shall cease upon the termination of his services for the City as City Attorney. Dated this 3rd day of May, 2022. CITY O CANTON, FULTO OUNTY IL NOIS By: G/U Mayor ATn't Cit rk DA 7 CAMRBELL L.L.CI -C:5 By: Christopher J. Jump 4