R-1129 - 09/27/2011 - AGREEMENT - Resolutions Supporting DocumentsITEM 10.B.2.A.
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 27, 2011
SUBJECT: Award of Contract - Legal Services - Prosecution
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: $82,000 in Legislative and General Management,
Legal Services (121- 76320)
RECOMMENDED MOTION: I move that the Village Board award a Professional Service
Agreement, subject to attorney and staff review, to the proposer with the best overall value,
Rathje & Woodward, LLC for Village Prosecution Services in the amount of $40,000 as
indicated on the attached tabulation. Additionally, the Village Board adopts Resolution 2011 -
AG -R -1129, approving and authorizing the execution of an agreement in relation to prosecution
services by and between the Village of Oak Brook and Rathje & Woodward, LLC.
Background/History:
Nine (9) sealed proposals were received and opened on Wednesday, July 6, 2011. The
companies who submitted proposals are as follows:
William Worobec
Smith & Fuller
Moore — DiGiovanni, LLC
Spiroff & Gosselar
Odelson & Sterk
Joseph Solon Jr., P.C.
Marquardt & Belmonte
Rathje & Woodward, LLC
Mary Ann Covone
A committee was formed to review the proposals, conduct interviews and make a
recommendation to the Board. Member of the committee are Trustees Michael Manzo and Mark
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Moy, Village Manager David Niemeyer, Community Development Director Robert Kallien, and
Police Department Consultant Steve Larson. The committee members interviewed the Rathje &
Woodward, LLC, and Moore — DiGiovanni, LLC. The following questions were asked:
1. Please provide an overview of your experience and that of your firm.
2. What other municipalities do you provide prosecution or any other legal services for, and
what type of other legal services are provided?
3. If you handle prosecution services for other municipalities, please discuss if this includes
ordinance violations, DUIs and/or adjudication hearings, and how this will impact your
handling of those services for Oak Brook.
4. Will you personally be handling all prosecution matters for Oak Brook? If not, please tell
us about the individual who will be handling/assisting in these matters.
5. Do you foresee any existing or potential conflicts which may prevent you from
performing prosecution services?
6. How do you base the rates you listed in your response to the RFP?
7. What makes your firm stand out from other firms?
8. Please discuss your DuPage county experience and how DuPage county courts are or
aren't different from other counties.
9. Building code violations often aren't taken seriously by the courts. How do you get courts
to be responsive to these issues.
Following the interviews, the committee determined the proposal submitted by Rathje &
Woodward, LLC was the best overall fit for the Village. Staff checked references and is
extremely satisfied.
Recommendation:
I move that the Village Board award a Professional Service Agreement, subject to attorney and
staff review, to the proposer with the best overall value, Rathje & Woodward, LLC for Village
Prosecution Services in the amount of $40,000 as indicated on the attached tabulation.
Additionally, the Village Board adopts Resolution 2011 -AG -R -1129, approving and authorizing
the execution of an agreement in relation to prosecution services by and between the Village of
Oak Brook and Rathje & Woodward, LLC.
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RESOLUTION 2011 -AG -R -1129
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT IN RELATION TO PROSECUTION SERVICES BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND RATHJE & WOODWARD, LLC
WHEREAS, the Village and Rathje & Woodward, LLC. ( "Rathje ") desire to execute an agreement
for the provision of certain Prosecution services to the Village ( "Agreement'); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to approve an Agreement with Rathje in a final form approved by the Village Manager and the
Village Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Agreement. The President and Board of Trustees hereby approve
an Agreement by and between the Village and Rathje in a form acceptable to the Village Manager and
the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after
review and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 27`h day of September, 2011.
Ayes:
Nays:
Gopal G. Lalmalani
Village President
PASSED THIS 271" day of September, 2011.
ATTEST:
Charlotte K. Pruss
Village Clerk
EXECUTION VERSION
VILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
VILLAGE OF OAK BROOK (hereinafter referred to as the "VILLAGE ") and RATHJE &
WOODWARD, LLC (hereinafter referred to as the "LAW FIRM ") hereby enter into the following
Professional Services Agreement ( "Agreement "):
WITNESSETH:
WHEREAS, the VILLAGE is a local governmental entity authorized by statute to enter into
agreements for professional legal services; and
WHEREAS, the VILLAGE desires to engage an attorney to prosecute certain violations of
Village ordinances and the Illinois Vehicle Code as directed by the Village Manager and the Village
Attorney ( "Violations "), including but not limited to local police, building code, driving under the
influence ( "DUI ") and towing cases that proceed before Eighteenth Judicial Circuit and the Village's
administrative hearing system (the "Services "); and
WHEREAS, the VILLAGE has determined that it is in the best interests of the VILLAGE to
contract for with the LAW FIRM for the Services subject to the terms of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto covenant and agree as follows:
Section 1: The foregoing recitals shall be, and are hereby incorporated herein, as if fully
set forth within this Section 1.
Section 2: The LAW FIRM hereby represents and warrants that all attorneys in the
LAW FIRM are duly licensed attorneys at law, licensed to practice in the
State of Illinois, and that all of the Services will be performed by licensed
Illinois attorneys.
Section 3: The LAW FIRM and its attorneys shall, at all times, act in the best interest of,
and at the direction of, the VILLAGE and shall perform the Services in
accordance with all applicable laws, rules, and regulations.
Section 4: The LAW FIRM agrees to perform, in a timely manner, all actions necessary
to provide the Services as directed by the VILLAGE, including, but not
limited to:
Prepare for and prosecute court hearings concerning
Violations on behalf of the VILLAGE every Wednesday of
the month at the Addison Field Court;
Prepare for and prosecute court hearings concerning
Violations on behalf of the VILLAGE, every Friday of the
month at the DuPage County Courthouse;
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FJ
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EXECUTION VERSION
• Prepare for and prosecute administrative hearings concerning
Violations on behalf of the VILLAGE, every second
Wednesday of the month at the Butler Government Center;
• Perform all other necessary and requested duties, as directed
by the Village Manager and the Village Attorney, concerning
Violations; and
• Participate in and/or conduct all necessary training courses, at
LAW FIRM's own cost, to conduct the Services on behalf of
the VILLAGE.
Section 5: The LAW FIRM shall be available during normal business hours for
consultation with the VILLAGE officials and designated staff members and
at such other times as may be requested by the VILLAGE, including
evenings, weekends and holidays.
Section 6: The LAW FIRM shall serve the VILLAGE as an independent contractor. No
benefits such as worker's compensation rights, arising out of any
employer /employee relationship to which the VILLAGE is a party, shall
accrue to the LAW FIRM as a result of this Agreement.
Section 7: The LAW FIRM represents and warrants that it will refrain from any conduct
or representation which can in any way result in a conflict of interest as set
forth in the Illinois Rules of Professional Conduct.
Section 8: The VILLAGE agrees, in consideration of the foregoing, to compensate the
LAW FIRM for the services rendered as follows:
(a) Forty Thousand dollars ($40,000) per year or $3,333.33 per month for
all Services performed as Village Prosecutor including, but not
limited to, appearances at hearings, conducting trials and motion
practice, office work, legal research, memoranda preparation,
correspondence preparation, telephone calls and other related tasks
undertaken by the LAW FIRM.
Section 9: The Services shall be invoiced on a monthly basis, based upon
contemporaneous billing records maintained by the LAW FIRM setting forth
the date the work was performed, detailing the work or task performed,
indicating the time expended and identifying the individual performing such
work.
Section 10:
(a) Unless sooner terminated as hereinafter provided, this Agreement
shall be in full force and effect for a term commencing upon
execution by both Parties and ending on October 1, 2012 ( "Term ").
Notwithstanding the foregoing, this Agreement shall automatically be
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EXECUTION VERSION
renewed for four (4) additional and consecutive one (1) year periods
(collectively, the "Extended Terms ") from and after October 1, 2012,
unless either Parry has provided prior written notice to the other Parry
that such Party does not wish to renew this Agreement no later than
60 days prior to the expiration of the then- existing Term or Extended
Term.
(b) The LAW FIRM specifically agrees that it shall not raise its fees or
costs during the Term. If the LAW FIRM proposes to increase its fees
and costs for any Extended Term, the LAW FIRM must provide the
VILLAGE with advance written notice of such proposed increase no
later than 90 days prior to the expiration of the then- existing Term or
Extended Term. LAW FIRM may not, at any time, increase its fees
and costs for the Services without the prior written approval of the
VILLAGE. In the event that the LAW FIRM and the VILLAGE are
unable to reach an agreement as to a proposed increase in the fees and
costs charged by the LAW FIRM for a subsequent Extended Term,
this Agreement will terminate as of the end of the then- current Term
or Extended Term.
(c) The LAW FIRM may unilaterally terminate this Agreement, without
cause, upon sixty (60) days prior written notice to the VILLAGE.
The VILLAGE may unilaterally terminate this Agreement, without
cause, at any time with written notice to the LAW FIRM. Upon such
termination, LAW FIRM will be entitled to receive payment for its
Services rendered through the date of termination, but will not receive
any additional compensation.
Section 11: This writing contains the entire Agreement of the parties. No further
representations are made other than those expressly set forth herein.
V'L RA
By:
Gopal Lalmalani, Village President
Date: ���� � l l D,
d 996 &�
Attest: Charlotte Pruss, Village Clerk
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