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HomeMy WebLinkAboutItem 17 City Attorney Contract Renewal :. AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: July 7, 2008 Regular seSSil}\ Human Resourc . Bill Spi 726-378 Consent Calendar ITEM TITLE: CITY ATTORNEY CONTRACT RENEWAL ACTION REQUESTED: Authorize the Mayor to sign a contract with the firm of Leahy, Van Vactor & Cox LLC for general counsel services. ISSUE STATEMENT: The City Attorney evaluation/contract was previously discussed with Council at a meeting of the Council Finance/Judiciary Committee on June 16,2008. 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 'ofthe firm. ATTACHMENTS: Attachment I: Proposed Contract Amendment: Joseph J. Leahy Attachment 2: Proposed Contract Amendment: Matthew J. Cox DISCUSSION AND FINANCIAL IMPACT: 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 $145.00 per hour to $149.21 per hour. This represents a 2.9% increase. Increasing the hourly rate to $149.2.1 per hour would increase the retainer cost from $290,580 to $299,016 annually (including benefit package costs). City of Springfield 2008-2009 RETAINER AGREEMENT JOSEPH J. LEAHY, Attorney at Law THIS AGREEMENT, made and entered into this 1st day of July, 2008, by and between the CIlY 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, the City intends to enter into a similar agreement for the purpose of retaining MATIHEW 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 wil! 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 ofa 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 Attachment 1 Page 1 of 4 such other city counsel as may be employed to assist the City's risk management program. 1.7 The Attorney does not have responsibility under this retainer agreement for the prosecutorial function' or for the municipal court function. However, he will furnish such administrative assistance and advice as may be requested by the City Manager in that a rea. 1.8 The Attorney will provide consultation and assistance, if needed, in the retention of special counsel in the event that outside counselor 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 City Attorneys. 1.10 Provide primary backup prosecu,tor services for Springfield Municipal Prosecutor upon request. 2. STATUS: Attorney is an independent contractor and not an employee of City. As such, City 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 City will pay the Attorney in consideration for the foregoing services based on an hourly rate of $149~21 a total annual compensation of $149,508.42. This amount will be paid in 12 equal monthly retainer payments based on the following formula: Total Annual Compensation - Benefit Package Costs = Retainer Paid 3.1 The benefit package includes the Attorney's choice of medical insurance programs as available to City's administrative-supervisory personnel, dental insurance, Long Term Disability insurance, Accidental Death and Disability insurance in the amount of $100,000 (Prudential), Voluntary Life Insurance in the amount of $100,000 (CIGNA), Basic Life 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 MAlTHEW 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 City. 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 Firm compensation under this retainer (including benefit package costs) shall not exceed $299,016.84 for the term of this agreement. (Both parties understand that the total compensation paid tothe firm of Leahy, Van Vactor & Cox, LLP is $299,016.84). 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 commencing with the' City's fiscal year. Attachment 1 Page 2 of 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 City for budgeting purposes the amount estimated to be required to pay for services for the succeeding year. 4. THIRD PARTY REIMBURSEMENT: Should the City seek reimbursement from third parties for any costs or services performed by Attorney under the retainer, Attorney shall provide documentation required to validate reimbursement and said reimbursement shall be retained by the City. 5. ADDITIONAL SERVICES: The following additional services are considered outside the retainer and will be rendered by the Attorney at an hourly rate of $149.21 per an hour for any attorney performing services under this agreement. Attorney must notify City and receive authorization from the City Manager prior to Attorney opening a billable file under this clause of the contract. 5.1 Litigation: Services in litigation shall be performed 'as required at the hourly rate for the Attorney or attorneys involved as herein above set forth. Litigation service includes 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, and civil 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 r) or borrowing shall be performed by the Attorney for City at usual, customary, and reasonable charges less 100/0. ' 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, including negotiating services, will be provided at the regular hourly rates for the lawyers involved. 5.5 Documentation Required: 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. AUTHORIZATION FOR ADDITIONAL 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. Attachment 1 Page 3 of 4 7. EXPENSES: In addition to the foregoing charges for services, the City will pay upon billing the direct expenses i~curred by the Attorney on behalf of the City or in connection with the performance of his duties as City 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, 2008 to June 30, 2009. In view of the professional attorney-client relationship and the 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 will 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 City 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 City, 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, 2008, ending June 30, 2009; Second Year: Fiscal year beginning July 1, 2009, ending June 30, 2010; Third Year: Fiscal year beginning July 1, 2010, ending June 30, 2011; 9. CONFLICTS 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 client further in the matter involving the City. If the circumstances 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 CITY OF SPRINGFIELD, A Municipal Corporation: ATTORNEY, An Independent Contractor and Attorney at Law: Sidney W. Leiken Mayor Date Joseph J. Leahy Attorney at Law Date Amy Sowa City Recorder Date Attachment 1 Page 4 of 4 City of Springfield 2008-2009 RETAINER AGREEMENT MATIHEW J. COX, Attorney at Law THIS AGREEMENT, made and ente'red into this 1st day of July, 2008, 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 J. LEAHY, to also perform the duties and professio'nal 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, , INCONSIDERATION 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 Attachment 2 Page 1 of 4 such other city counsel as may be employed to assist the City's risk management program. 1.7 The Attorney does not have responsibility under this retainer agreement for the prosecutorial function or for the municipal court function. However, he will furnish such administrative assistance and advice as may be requested by the City Manager in that a rea. 1.8 The Attorney will provide consultation and assistance, if needed, in the retention of special counsel in the event that outside counselor 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 City Attorneys. 1.10 Provide primary backup prosecutor services for Springfield Municipal Prosecutor upon request. 2. STATUS: Attorney is an independent contractor and not an employee of City. As such, City is. not liable forAttorney's federal, state, or local income tax; Social Security taxes; workers compensation premiums; or payroll tax of any kind. 3. COMPENSATION: The City will pay the Attorney in consideration for the foregoing services based on an hourly rate of $149.21 a total annual compensation of $149,508.42. This amount will be paid in 12 equal monthly retainer payments based on the following formula: Total Annual Compensation - Benefit Package Costs = Retainer Paid 3.1 The benefit package includes the Attorney's choice of medical insurance programs as available to City's administrative-supervisory personnel, dental insurance, Long Term Disability insurance, Accidental Death and Disability insurance in the amount of $100,000 (Prudential), Voluntary Life Insurance in the amount of $100,000 (CIGNA), Basic Life 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 MATTHEW 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 City. 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 Firm compensation under this retainer (including benefit package costs) shall not exceed $299,016.84 for the term of this agreement. (Both parties understand that the total compensation paid to the firm of Leahy, Van Vactor & Cox, LLP is $299,016.84). The compensation will continue to ~e 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 commencing with the City's fiscal year. Attachment 2 Page 2 of 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 City for budgeting purposes the amount estimated to be required to pay for services for the succeeding year. 4. THIRD PARTY REIMBURSEMENT: Should the City seek reimbursement from third parties for any costs or services performed by Attorney under the retainer, Attorney shall provide documentation required to validate reimbursement and said reimbursement shall be retained by the City. 5. ADDITIONAL SERVICES: The following additional services are considered outside the retainer and will be rendered by the Attorney at an hourly rate of $149.21 per an hour for any attorney performing services under this agreem~nt. Attorney must notify City and receive authorization from the City Manager prior to Attorney opening a billable file under this clause of the contract. 5.1 Litigation: Services in litigation shall be performed as required at the hourly rate for the Attorney or attorneys involved as herein above set forth. Litigation service includes 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, and civil 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 City at usual, customary, and reasonable charges less 100/0. 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, including 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. AUTHORIZATION FOR ADDITIONAL 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. Attachment 2 Page 3 of 4 7. EXPENSES: In addition to the foregoing charges for services, the City will pay upon billing the direct expenses incurred by the Attorney on behalf of the City or in connection with the performance of his duties as City 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, 2008 to June 30, 2009. In view of the professional attorney-client relationship and the . 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 will 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 City 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 City, 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, 2008, ending June 30, 2009; Second Year: Fiscal year beginning July 1, 2009, ending June 30, 2010; Third Year: Fiscal year beginning July 1, 2010, ending June 30, 2011; 9. CONFLICTS OF INTEREST: It is hereby understood and agreed that the Attorney is also in private practice and shall continue such practice. The Attorneywill 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 client further in the matter involving the City. If the circumstances are such that because of the conflict the Attorney cannot represent the City, the Attorney will provide the consultation and assistance ref~rred 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 cm OF SPRINGFIELD, A Municipal Corporation: ATTORNEY, An Independent Contractor and Attorney at Law: Sidney W. Leiken Mayor . Date Matthew J. Cox Attorney at Law Date Amy Sowa City Recorder Date Attachment 2 Page 4 of 4