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HomeMy WebLinkAboutRESOLUTION - 56-07 - 10/23/2007 - ADJUDICATION AGREEMENT/REDSPEED r" RESOLUTION NO. 56-07 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE LAW OFFICES OF STORING,RAMELLO & DURKIN CONCERNING REDSPEED LLC TRAFFIC LAW ENFORCEMENT PROGRAM NOW,THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: AGREEMENT VILLAGE OF ELK GROVE VILLAGE ADJUDICATION MATTERS a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 23rd day of October 2007. APPROVED this 23rd day of October 2007. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk R esAgrceRFDSP'E FDSTorinoa.i Lid icator. LAW OFFICES STORING, RAMELLO 8 DURI-CIN 9501 WEST DEVON AVENUE ROSEMONT, ILLINOIS 60018 DONALD J.STORING (847) 318-9500 MATTHEW G. HOLMES MICHAEL K. DURKIN MONICA J. KIEHL RICHARD J. RAMELLO CAROLYN M.SARNECKI FACSIMILE(847)318.9509 NICHOLAS S.PEPPERS KATHLEEN M. REIFSNYDER THOMAS M. BASTIAN - .- DONALD M. ROSE 2JOSEPH G. KUSPER ANGELO F. DEL MARTO October 17, 007 MARK R. STEPHENS MARY K. CONNOLLY BRYAN J. BERRY JAMES E. MACHOLL LEONARD P. DIORIO BRIAN W. BAUGH RICHARD F. PELLEGRINO ANTHONY J. CASALE DONALD J.STORINO II KEVIN W. LAMBORN RICHARD J. BILLfK PETER A.PACfONE ALFRED E. GALLO OF COUNSEL Mr. George Knickerbocker IN REPLY REFER TO FILE NO. Village Attorney Village of Elk Grove 901 Wellington Avenue Elk Grove,Illinois 60007 Re: Village of Elk Grove Adjudication Matters Dear Mr.Knickerbocker: Storino,Ramello&Durkin("we")appreciates your asking us to represent the Village ofElk Grove in connection with adjudication matters and we look forward to serving as the Village's counsel in this matter. This letter sets forth the terms of our proposed engagement,and constitutes an agreement between us(the"Agreement"). 1. Our client(s); terms of this engagement as well as of existing and future engagements. This Agreement governs our representation only of you and not of any other party which is not named above, including any of your parent, subsidiary,affiliate or related persons or entities (collectively, "Affiliates"). This Agreement shall not affect our existing or future representation of any Affiliate pursuant to any other engagement letter. This Agreement sets forth our entire agreement for rendering professional services for the current matter identified above,as well as for all other existing or future engagements with you. 2. Intake procedures. Our engagement is subject to and effective upon completion of our normal intake procedures, including receipt of a copy or fax of this Agreement signed by you together with any retainers required,and completion of a check for potential conflicts of interest. When this Agreement becomes effective, it will relate back to the first day we provided legal services to you with respect to this matter or any other matter for which there is no separate written agreement. 101974.1 i Mr. George Knickerbocker October 17, 2007 Page 2 3. Fees. Services will be rendered at our standard hourly rates for our attorneys and other personnel(such as paralegals and assistants)prevailing at the time services are rendered. Our rates presently range from$65.00 per hour for certain paralegals to$200.00 per hour for attorneys. The aforementioned rates for paralegals and attorneys shall be effective,at least, through 2009. 4. Charges. In addition to fees for service`s, the Firm will charge you separately for messengers,faxes,computerized research,word processing,printing and photocopying,transcripts, parking, filing fees, telephone toll calls, secretarial overtime (where attributable to your special needs), notary charges, experts and other consultants retained on your behalf, and other similar items. You are also responsible for all charges and expenses that we advance on your behalf. Where significant or unusual third-party payments are required(e.g.,co-counsel fees,expert fees, special studies,extensive transcripts or filing fees),we will normally forward the charge to you for direct payment or obtain advance funds from you to cover the charge. If we advance funds for you, they will be added to the invoice. 5. Retainer. At this time,we are not requesting or requiring a retainer in this matter. If and when a retainer would become necessary,we reserve the right to request such a retainer as a condition to continuing our services in this matter. A retainer is not an estimate of the total charges which may be incurred. A retainer is an advance or deposit which is applied as fees and charges are incurred. At the end of our engagement, our final charges will be applied against the retainer and the balance of the retainer, if any,will be refunded,or the balance due must be paid by you. By signing this Agreement,you would be authorizing us to withdraw amounts from the trust account containing any future retainer to pay your statements as billed on any matter for you. 6. Billing statements; carrying charges on unpaid balances. Except as otherwise agreed, we will bill you on a monthly basis, and you agree to pay us immediately upon receipt of our bill. Each signatory represents that he,she or it has full authority to execute this Agreement on behalf of the entity for which he,she or it has executed this Agreement. If you have any questions about a billing statement, please call them to our attention promptly, but in any event no later than thirty (30) days after you receive the statement. You may have the billing statement in any reasonable format you choose, but we will select an initial format for the statement unless you otherwise request a different format in writing. 7. Termination. Either party may terminate our services at any time upon written notice. Our representation as to each matter covered by this Agreement will end at the earliest of (a)your termination of our representation,(b)our withdrawal,approved by a court,if necessary,or (c)the substantial completion ofour substantive work. Ifour services are terminated for any reason, such termination shall be effective only to terminate our services prospectively and all the other 101874.1 STORING, RAMELLO & DURKIN Mr. George Knickerbocker October 17,2007 Page 3 (c)the substantial completion of our substantive work. If aur services are terminated for any reason, such termination shall be effective only to terminate our services prospectively and all the other terms of this Agreement shall survive any such termination,including your obligation to pay for all of our fees for legal services rendered and for expenses incurred by us prior to termination. 8. Duties upon end of active involvement. Upon cessation of our active involvement in a particular matter,we will have no further duty to inform you of future developments or changes in law. Further, unless you and we mutually agree in writing to the contrary, we will have no obligation to monitor renewal or notice dates or similar deadlines on your behalf. 9. Records and files retention. All records and files will be retained and disposed of in compliance with our policy in effect from time to time. Subject to future changes,it is our current policy not to retain records relating to a matter for more than five years from the date the matter is opened. Upon your prior written request,we will return records to you prior to their destruction. It is not administratively feasible for us to advise you of the closing of a matter or the disposal of records. We recommend,therefore,that you maintain your.own files for reference or make written request for your files at the conclusion of a matter. If you have any questions concerning our records retention policies,please contact us. 10. No guarantee of success. It is impossible to provide any promise or guarantee about the outcome of your matters. Nothing in this Agreement or any statements by our staff or attorneys constitute a promise or guarantee. Any comments about the outcome of your matter are expressions of opinion only. 11. ARBITRATION AND WAIVER OF JURY TRIAL. THIS PARAGRAPH EVIDENCES AN ADDITIONAL AGREEMENT TO ARBITRATE DISPUTES. ANY DISPUTE BETWEEN YOU AND US (INCLUDING, WITHOUT LIMITATION, ANY INNDIVIDUAL ATTORNEY AT THE FIRM) SHALL BE SUBJECT TO BINDING ARBITRATION. THIS MEANS,AMONG OTHER THINGS,THAT ANY DISPUTE, INCLUDING, WITHOUT LIMITATION,IN CONTRACT OR TORT,BASED UPON,ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE RELATIONSHIP OF THE PARTIES, OUR ENGAGEMENT AND/OR OUR PERFORMANCE OR FAILURE TO PERFORM SERVICES(INCLUDING,WITHOUT LIMITATION,CLAIMS OF BREACH OF DUTY OR PROFESSIONAL NEGLIGENCE) IS SUBJECT TO BINDING ARBITRATION. IN ADDITION,ALL QUESTIONS REGARDING THE ARBITRABILITY OF THE DISPUTE,INCLUDING WHETHER WE HAVE AGREED TO ARBITRATE THE 101874.1 STORING, RAMELI.O & DURKIN Mr. George Knickerbocker October 17,2007 Page 4 DISPUTE, SHALL BE DECIDED BY SUCH ARBITRATION. THIS AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US APPLIES EVEN IF SOME PERSON OR ENTITY CLAIMS THAT THIS AGREEMENT IS VOID, VOIDABLE OR UNENFORCEABLE FOR ANY REASON. BY AGREEING TO ARBITRATE,ALL PARTIES ARE WAIVING THEIR RIGHT TO JURY TRIAL AND THEIR RIGHT TO CONDUCT DISCOVERY(EXCEPT AS THE ARBITRATOR MAY PERMIT). Further,by agreeing to.arbitrate,all parties are agreeing to pay an equal portion of the arbitrator's fees. The arbitration shall be held in the County of Cook,State of Illinois. You irrevocably and unconditionally consent to personal jurisdiction in Illinois and venue in Cook County in any action,including,without limitation,petitions to compel arbitration and to enforce that arbitration award,concerning a dispute between the parties or relating to this agreement. The arbitration,and all aspects thereof(arguments,testimony,evidence,the decision, etc.), shall be confidential, except when used in the course of a judicial proceeding(e.g., to confirm, vacate or modify the award) or regulatory proceeding, as may be requested by a governmental entity or as otherwise may be required by Iaw. Judgment on the arbitrator's award shall be final and binding,and may be entered in any competent court. By agreeing to arbitrate, all parties acknowledge that an appeal or challenge of an arbitrator's award may occur only under limited circumstances. This agreement to arbitrate shall survive the termination of our representation or this agreement. 12. Privacy Notice. Our Privacy Notice is attached. 13. Miscellaneous. This Agreement is governed by Illinois law and is intended to be our entire agreement for rendering professional services. It can be amended or modified only in writing. This Agreement may be signed in one or more counterparts and delivered by facsimile. This Agreement binds each party signing it whether or not any other proposed signatory ever executes it. If any provision of this Agreement or the application thereof is held invalid or unenforceable,the invalidity or unenforceability shall not affect other provisions or applications of this Agreement which can be given effect without such provisions or application,and to this end the provisions of 101874.1 i STORINO, IiAMELLO & DURKIN Mr. George Knickerbocker October 17,2007 Page S this Agreement are declared to be severable. We are not advising you with respect to this Agreement because we would have a conflict of interest in doing so. If you wish advice,you should consult independent counsel of your choice. Please sign and return the enclosed acknowledgment copy of this Agreement at your earliest convenience. Very truly yours, STORiNO,RAMELLO&DURKIN gDonaldI. Storni DIS/jas The undersigned has read and understood this Agreement. The undersigned acknowledges that: (a) this Agreement is subject to binding arbitration as provided in the paragraph above entitled "ARBITRATION AND WAIVER OF JURY TRIAL"; ' and (b) under no circumstances does Storino,Ramello&Durkin accept representation of any person unless and until that person specifically is identified as a client of the Firm in an engagement letter signed both by that person and by the Firm. The foregoing accurately sets forth all the terms of your engagement,and is approved and accepted as of the date of this letter. VILLAGE OF ELK GROVE,ILLINOIS By: Craig B. Johnson Print Name: Craig B. Johnson Title: Ma.or I Federal Employer I.D.Number: 36-6009201 101874.1