HomeMy WebLinkAboutItem 10 Authorize the Mayor to Sign a Contract with the Firm of Leahy & Cox for General Counsel Services
Meeting Date:
Meeting Type:
Department:
Staff Contact:
Staff Phone No:
Estimated Time:
September 17, 2007
Regular Session
Human Resource?Z
Bill Spiry .
726-378
Consent Calendar
AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
ITEM TITLE:
CITY ATTORNEY CONTRACT RENEWAL
ACTION REQUESTED:
Authorize the Mayor to sign a contract with the firm of Leahy & Cox for
general counsel services.
ISSUE STATEMENT:
The City contract was previously discussed with Council at a meet of the
Council Finance/Judiciary Committee on July 23, 2007. This contract is
valid for a period of three (3) years and can be renewed annually for
consecutive one-year periods unless terminated in accordance with
contractual conditions. Separate contracts are signed by each partner who
works simultaneously to fulfill the obligations of the firm.
ATTACHMENTS:
DISCUSSION AND
FINANCIAL IMPACT:
Attachment 1: Proposed Contract Amendment: Joseph J. Leahy
Attachment 2: Proposed Contract Amendment: Matthew J. Cox
The City Attorney has requested an increase in the base hourly rate of the
firm's retainer contract. This will increase the hourly base from $137.39/hr
to $145.00/hr.
In the past, the retainer agreement has been adjusted to reflect changes in
number of hours provided under the agreement and the hourly rate. The
hourly rate is normally adjusted to mirror the cost-of-living increase granted
to non-union employees. In lieu of a cost-of-living increase, non union
employees will be having 6% of the cost of the retirement program paid by
the city. The City Attorney is requesting that the number of hours under the
agreement remain at 2004 hours and that the hourly rate be increased from
$137.39 per hour to $145.00 per hour. This represents a 5.5% increase.
In support of this request the City attorney conducted a market survey which
provides adequate justification for the increase. It also indicates that the city
would continue to receive legal services at a reasonable hourly rate.
Increasing the hourly rate to $145.00 per hour would increase the retainer
cost from $275,300 to $290,580 (including benefit package costs). The
fiscal year 07-08 budget assumed a 3% increase and a total cost of the
retainer at approximately $283,600. The $6,800 difference would be
balanced through a budget transfer process.
City of Springfield
2007-2008 RETAINER AGREEMENT
JOSEPH J. LEAHY, Attorney at Law
THIS AGREEMENT, made and entered into this 1st day of July, 2007, by and between the CITY OF
SPRINGFIELD, a municipal corporation, hereinafter called the "City," and JOSEPH J. LEAHY, Attorney at
Law, hereinafter referred to as the "Attorney," now therefore,
WITNESSETH:
WHEREAS, the City desires to retain the Attorney to perform the duties and professional services
required of the Office of City Attorney of the City of Springfield; and
WHEREAS, simultaneously with the execution of this agreement Matthew J. Cox, to also perform the
duties and professional services required of the Office of City Attorney of the City of Springfield; and
WHEREAS, it is the purpose of this agreement to establish the terms and conditions by which the City
engages the Attorney under this retainer agreement to act as attorney for and to fulfill the duties of the
Office of the City Attorney; now, therefore,
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties do
agree to the following terms and conditions.
1. DUTIES: The Attorney will act as City Attorney and as general counsel for the City for the basic
retainer provided herein and will perform the following services thereunder.
1.1 Furnish representation to all regularly scheduled Council meetings and Planning
Commission meetings, together with representation at other conferences or meetings
upon request.
1.2 Advise the City Council and staff of the City on legal, personnel, and claims issues as
required, either in the form of written opinions or oral advice. A request for such
assistance will ordinarily be made through department heads and in all cases only upon
the express authorization of department heads or authorization of the City Manager,
Human Resources Director, City Council or Planning Commission.
1.3 Review and approve ordinances and resolutions as requested; draft ordinances and
resolutions as required.
1.4 Review and approve upon request all contracts and other legal documents.
1.5 Draft documents of a legal nature, including but not limited to deeds, easements,
contracts, and other agreements.
1.6 Utilize his best efforts and ability to minimize the exposure of the City of liability and
legal expenses. It is understood that the City also employs liability defense counsel as
part of its risk management program. The Attorney does not have responsibility for
such but will furnish such assistance, advice, and coordination as may be requested with
such other city counsel as may be employed to assist the City's risk management
program.
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ATTACHMENT 1
.
1. 7 The Attorney does not have responsibility under this retainer agreement for the
prosecutorial function or for the munidpal court function. However, he will fumish such
administrative assistance and advice as may be requested by the City Manager in that
area.
1.8 The Attomey wiJI provide consultation and assistance, if needed, in the retention of
special counsel in the event that outside counsel or representation is found necessary.
1.9 The Attorney shall act as Oty Attomey, however he may assign Oty Attorney duties to
associate attomeys of the Attomey. .. Said associates shall. be designated as Assistant
Oty Attorneys.
2. STATUS: Attorney is an independent contractor and not an employee of Oty. As such, Oty is
not Iiabte for Attorney's federal, state, or local inCDme tax; Social Secuiity taxes; workers
compensation premiums; or payroll tax of any kind..
3. COMPENSAnON: The Oty will pay the Attorney in consideration for the foregoing services
based on an hourly rate of $145.00 a total annual compensation of $290,580.00. This amount
wi" be paid in 12 equal monthly retainer payments based on the following formula: IQtQt
Annual Comcensation - Benefit Packaae Costs = Retainer Paid
.
3.1. The benefit package indudes the Attorney's choice of medical insurance programs as
available to Oty's administrative-supervisory personnel, dental insurance, Long Tenn
Disability insurance, Accidental Death and Disability insurance in the amount of
$100,000 (Prudential), Voluntary ute Insurance in the amount of $100,000 (OGNA),
Basic ute and PreRetirement and a monthly deferred compensation amount of
$1,666.67.
3.2 It is understood and agreed that the Attorney, JOSEPH J. LEAHY and any associates of
the Attorney as may be assigned duties required to be performed by the Attomey under
this agreement, will provide approximately 167 hours of professional legal services
monthly for the Oty. This estimate is based upon the time ~ for the immediate
preceding fiscal year. The Attomey will provide monthly time records of the amount of
time expended. In the eve.nt the hours expended exceed 2,004 for the term of this
agreement, there will be no Increase in the compensation herein. Total Firm
com~sation under this retainer (inducting benefit package costs) shall not exceed
$290,580.00 for the term of this agreement. (Both parties understand that the total
compensation paid to the firm of Leahy & Cox is $290,580.00). The compensation will
continue to be reviewed annually by the City Council and be adjusted according to time .
to be expended and on the basis of annual performance evaluation performed prior,to
. the adjustment of the retainer commendng with the City's fiscal year.
.4.
3.3 This retainer agreement may be changed for future fiscal years by an addendum
attached to this agreement. Each year when requested, If this retainer agreement is to
be continued, the Attorney will provide to the Oty for budgeting purposes the amount
estimated to be required to pay for services for the succeeding year.
THIRD PARTY REIMBURSEMENT: Should the Oty seek reimbursement from third parties for
any costs or services performed by Attorney under the retainer, Attorney shall provide
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ATIACHMENT 1
e
.e
ea.
any costs or services pelfonned by Attorney under the retainer, Attorney shall provide
documentation required to validate reimbursement and said reimbursement shall be retained by
h~. .
5.
ADDmONAL SERVICES: The following additional services are considered outside the
retainer and will be rendered by the Attorney at an hour1y rate of$145.oo per an hour for any
attorney perfonning services under this agreement. Attorney must notify aty and receive
authorization from the Oty Manager prior to Attorney opening a billable file under this dause of
the contract.
5.1 Utigation: Services in litigation shall be perfunned as required at the hourly rate for the
Attomeyor attorneys involved as herein above set forth. Utigation service indudes the
following:
5.1.1 Contested administrative proceedings.
5.1.2 Contested land use proceedings.
5.1.3 Oty franchise claims.
5.1.4 Contract daims.
5.1.5 Tort, EEOC, and evil rights daims.
5.1.6 Employee GrievanceO defense above the aty Manager hearing/eve!.
5.2 Bond Issues: Services in connection with Ixmd issues and other indica of indebtedness
or borrowing shatl be perfunned by h Attorney for City at usual, customary, and
reasonable charges less 10%.
5.3 Bond Counsel: If the service of bond counsel is required, as is ordinary in such cases,
bond counsel compensation is not included in this retainer.
5.4 Eminent Domain Services: Proceedings based upon eminent domain and condemnation,
induding negotiating services, 'will be provided at the regular hourly rates for the
lawyers involved.
5.5 Documentation Reouired: In all of the above cases, the Attorney shall provide such time
records and documentation as is required by the aty of Springfield and ordinarily
maintained for the performance of such service, which services shall be billed either
monthly or pertodicaHy until completion of the matter.
6.
AUTHORT74TION FOR ADDmONAL SERVICES: No service which requires payment of
fees above the retainer shall be performed nor any expense incurred by the Attorney without
prior notification to the responsible department head or the Oty Manager and approval if
required.
7.
EXPENSES: In addition to the foregoing charges for services, the Oty will pay upon billing the
direct expenses incurred by h Attorney on behalf of the Oty or in connection with h
performance of his duties as City Attorney and general counsel. No such exPenses will be
incurred without budget authorization and, if n~~ry, Anance Department approval.
TERM AND TERMINATION: The term of this agreement shall be for the period of July 1,
2007 to June 30, 2008. In view of the .professiOnaJ attorney-client relationship and the
~e ~".?!.~. __0___ .
ATTACHMENT 1
necessity of the Oty's confidence in its attorneys, it is understood that Oty may terminate the
relationship and this agreement at any time. The Oty will endeavor, however, to give
reasonabte notice of an intention to terminate. The Attorney may resign at any time but will
not resign from his representation of the Oty without giving at least ninety (90) days notice to
the Oty.
This agreement, unless otherwise interrupted or canceled, shall be valid for a period of three .
(3) years and will be renewed annually for consecutive one-year periods unless terminated in
accordance with the conditions herein. At the sole discretion of the Oty, the contract may be
renewed for up to three consecutive one year periods. Specifically, these periods shall be for
the:
First Year: Fiscal year beginning July 1,2007, ending June 30, 2008;
Second Year: Fiscal year beginning July 1, 2008, ending June 30, 2009;
Third Year: Fiscal year beginning July 1, 2009, ending June 30, 2010;
9. CONFUCTS OF INTEREST: It is hereby understood and agreed that the Attorney is also in
private practice and shall continue such practice. The Attorney will not knowingly, however,
undertake any representation which would create a conflict of intereSt. If such a conflict should .
occur, the Attorney will immediately.notify both the City and any other client with whom such
conflict of interest exists and shall not represent any such dient further in the matter involving
the City. If the drcumstancesare such that because of the conflict the Attorney cannot
represent the Oty, the Attorney will provide the consultation and assistance referred to in
paragraph 1.1.8 atx>ve. The Attorney shall not, however, be responsible for compensation of
other counset.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the clay and year first
above Wlitten.
ATTORNEY, An Independent Contractor and
Attorney at Law:
~<,r....''''''' ~ \...~,""
Joseph J. Leahy
Attorney at Law
A1TEST:
For The OTY OF SPRINGFIELD, A Munidpal
Corporation:
Sidney W. Leiken
Mayor
Date
Amy Sowa
City Recorder
Date
1J J.~ iU1
Date
---------.--.--.--------P.~_1J~tolJ_____.___ ____
ATTACHMENT 1
City of Springfield
2007-2008 RETAINER AGREEMENT
MATTHEW J. COx, Attorney at Law
THIS AGREEMENT, made and entered into this 1st day of July, 2007, by and between the CITY OF
SPRINGFIELD, a municipal corporation, hereinafter called the "City," and MATTHEW J. COX, Attorney at
Law, hereinafter referred to as the "Attorney," now therefore,
WITNESSETH:
WHEREAS, the City desires to retain the Attorney to perform the duties and professional services
required of the Office of City Attorney of the City of Springfield; and
WHEREAS, simultaneously with the execution of this agreement, the City intends to enter into a
similar agreement for the purpose of retaining Joseph L. Leahy, to also perform the duties and
professional services required of the Office of City Attorney of the City of Springfield; and
WHEREAS, it is the purpose of this agreement to establish the terms and conditions by which the City
engages the Attorney under this retainer agreement to act as attorney for and to fulfill the duties of the
Office of the City Attorney; now, therefore,
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties do
agree to the following terms and conditions.
1. DUTIES:. The Attorney will act as City Attorney and as general counsel for the City for the basic
retainer provided herein and will perform the following services, thereunder.
1.1 Furnish representation to all regularly scheduled Council meetings and Planning
Commission meetings, together with representation at other conferences or meetings
upon request.
1.2 Advise the City Council and staff of the City on legal, personnel, and claims issues as
required, either in the form of written opinions or oral advice. A request for such
assistance will ordinarily be made through department heads and in all cases only upon
the express authorization of department heads or authorization of the City Manager,
Human Resources Director, City Council or Planning Commission.
1.3 Review and approve ordinances and resolutions as requested; draft ordinances and
resolutions as required.
1.4 Review and approve upon request all contracts and other legal documents.
1.5 Draft documents of a legal nature, including but not limited to deeds, easements,
contracts, and other agreements.
1.6 Utilize his best efforts and ability to minimize the exposure of the City of liability and
legal expenses. It is understood that the City also employs liability defense counsel as
part of its risk management program. The Attorney does not have responsibility for
such but will furnish such assistance, advice, and coordination as may be requested with
such other city counsel as may be employed to assist the City's risk management
Page 1 of 4
ATTACHMENT 2
program.
1. 7 The Attorney does not have responsibility under this retainer agreement for the
prosecutorial function or for the munidpal court function. However, he will furnish such
administrative assistance and advice as may be requested by the City Manager in that
area.
1.8 The Attorney will provide consultation and assistanCe, if needed, in the retention of
special counsel in the event that outside counsel or representation is found necessary.
1. 9 The Attorney shall act as City Attorney, however he may assign City Attorney duties to
associate attorneys of the Attorney. Said aSSOCiates shall be designated as Assistant
Oty Attorneys.
2. STATUS: Attorney is an independent contractor and not an employee of Oty. As such, aty is
not liable for Attorney's federal, state, or local income tax; Social Security taxes; workers
compensation premiums; or payroll tax of any kind.
3. COMPENSATION: The Oty wifl pay the Attorney in consideration for the foregoing services
based on an hOUrly rate of $145.00 a total annual compensation of $290,580..00. This amount
will be paid in 12 equal monthly retainer payments based on the following formula: Total
Annual Comoensation - Benefit Package Costs = Retainer Paid
3.1 The benefit package indudes the Attorney's choice of medical insurance programs as
available to Oty's administrative-supervisory personnel,. dental insurance, Long Term
Disability insurance, Accidental Death and Disability insurance in the amount of
$100,000 (Prudential), Voluntary Ufe Insurance in the amount of $100,000 (OGNA),
Basic Ufe and PreRetirement and a monthly deferred compensation amount of
$1,666.67.
3.2 It is understood and agreed that the Attorney, MAnHEW J. COX, and any associates
of the Attorney as may be assigned duties required to be performed by the Attorney
under this agreement, will provide approximately 167 hours of professional legal
services monthly for the Oty. This estimate is based upon the time expended for the
immediate preceding fiscal year. The Attorney will provide monthly time records of the
amount of time expended. In the event the hours expended exceed 2,004 for the term
of this agreement, there will be no increase in the compensation herein. Total Rrm
compensation under this retainer (induding benefit package costs) shall not exceed
$290,580.00 for the term of this agreement. (Both parties understand that the total
compensation paid to the firm of Leahy & Cox is $290,580.00). The compensation will
continue to be reviewed annually by the aty Council and be adjusted according to time
to be expended and on the basis of annual performance evaluation performed prior to
the adjustment of the retainer commendng with the City's fiscal year.
3.3 This retainer agreement may be changed for future fiscal years by an addendum
attached to this agreement Each year when requested, if this retainer agreement is to
be continued, the Attorney will provide to the City for budgeting purposes the amount
estimated to be required to pay for services for the succeeding year.
4. THIRD PARlY REIMBURSEMENT: Should the City seek reimbursement from third parties for
..____.... _.h____h~~ge. 2gf 4
ATTACH MENT 2
any costs or services perfonned by Attorney under the retainer, Attorney shall provide
documentation required to validate reimbursement and said reimbursement shall be retained by
the City.
5. ADDmONAL SERVICES: The following additional services are considered outside the
retainer and will be rendered by the Attorney at an hourly rate of $145.00 per an hour for any
attorney performing services under this agreement. Attorney must notify Oty and receive
authorization from the aty Manager prior to Attorney opening a billable file under this clause of
the contract.
5.1 Utiaation: Services in litigation shall be performed as required at the hourly rate for the
Attorney or attorneys involved as herein above set forth. Utigation service indudes the
following:
5.1.1 Contested administrative proceedings.
5.1.2 Contested land use proceedings.
5.1.3 City franchise claims.
5.1.4 Contract claims.
5.1.5 Tort, EEOC, anddvil rights claims.
5.1.6 Employee Grievance defense above the City Manager hearing level. .
5.2 Bond Issues: Services in connection with bond issues and other indicia of indebtedness
or borrowing shall be performed by the Attorney for aty at usual, customary, and
reasonable charges less 100/0.
5.3 Bond Counsel: If the service of bond counseJ is required, as is ordinary in such cases,
bond counsel compensation is not included in this retainer.
5.4 Eminent Domain Services: Proceedings based upon eminent domain and condemnation,
induding negotiating services, will be provided at the regular hourly rates for the
lawyers involved.
5.5 Documentation Reauired: In all of the above cases, the Attorney shall provide such time
records and documentation as is required by the City of Springfield and ordinarily
maintained for the performance of such service, which services shall.be billed either
monthly or periodically until completion of the matter.
6. AUTHO~T74TION FOR ADDmONAL SERVICES: No service which requires payment of
fees above the retainer shall be performed nor any expense incurred by the Attorney without
prior notification to the responsible department head or the City Manager and approval if
required.
7. EXPENSES: In addition to the foregoing charges for services, the Oty will pay upon billing the
direct expenses Incurred by the Attorney on behalf of the Oty or in connection with the
performance of his duties as Oty Attorney and general counsel. No such expenses will be
incurred without budget authorization and, if necessary, Finance Department approval.
8. TERM AND TERMINATION: The term of this agreement shall be for the period of July 1,
2007 to June 30, 2008. In view of the professional attorney-client relationship and the
Page 3 of_4 .
ATTACHMENT 2
necessity of the City's confidence in its attorneys, it is understood that City may terminate the
relationship and this agreement at any time. The City wit! endeavor, however, to give
reasonable notice of an intention to terminate. The Attorney may resign at any time but will
not resign from his representation of the aty without giving at least ninety (90) days notice to
the City.
This agreement, unless otherwise interrupted or canceled, shall be valid for a period of three
(3) years and will be renewed annually for consecutive one-year periods unless terminated in
accordance with the conditions herein. At the sole discretion of the Oty, the contract may be
renewed for up to three consecutive one year Periods. Specifically, these periods shall be for
the:
First Year: Fiscal year beginning July 1, 2007, ending June 30, 2008;
Second Year: Fiscal year beginning July 1, 2008, ending June 30,2009;
Third Year: Fiscal year beginning July 1, 2009, ending June 30, 2010;
9. CONFUCTS OF INTEREST: It is hereby understood and agreed that the Attorney is also in
private practice and shall continue such practice. The Attorney will not knowingly, however,
undertake any representation which would create a conflict of interest. If such a conflict should
occur, the Attorney wil1 immediately notify both the City and any other client with whom such
conflict of interest exists and shall not represent any such client further in the matter involving
the City. If the drcumstances are such that because of the conflict the Attorney cannot
represent the City, the Attorney will provide the consultation and assistance referred to in
paragraph 1.1.8 above. The Attorney shall not, however, be responsible for compensation of
other counsel.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first
above written.
ATTEST:
For The QTY OF SPRINGFIELD, A Munidpal
Corporation:
ATnDRNEY,AnIndependentContractorand
Attorney at law:
Sidney W. leiken
Mayor
Date
~t 2 <. to,
Date
Amy Sowa
City Recorder
. Date
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ATTACHMENT 2