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HomeMy Public PortalAbout2016.006 (01-05-16)RESOLUTION NO. 2016.006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE AGREEMENT WITH _ATKINSON, ANDELSON, LOYA, RUUD & ROMO TO PERFORM SPECIAL LABOR COUNSEL SERVICES FOR THE CITY OF LYNWOOD ON MATTERS PERTAINING TO LABOR NEGOTIATIONS AND PERSONNEL RELATED MATTERS WITH THE CITY'S TWO BARGAINING GROUPS, AND AUTHORIZE THE SUM OF AN ADDITIONAL $60,000 FOR SERVICES UNDER THE AMENDED AGREEMENT WITH SPECIAL LABOR COUNSEL WHEREAS, Atkinson, Andelson, Loya, Ruud & Romo is a law firm with extensive experience in labor negotiations. They represent both private and public sector clients, with emphasis in the areas of employment, labor, construction, education, real estate, general business and business litigation, corporate, taxation, bankruptcy and immigration; and WHEREAS, to assure the City is able to timely and effectively continue handling labor negotiations and personnel related matters, the City Council wishes to approve the attached Agreement with Atkinson, Andelson, Loya, Ruud & Romo and make the appropriation of funds necessary therefore; and WHEREAS, the City Council wishes to continue engagement and services with Special Labor Counsel and amend the agreement for professional legal services for work beyond the initial amount of $50,000 and is requesting additional funding of $60,000 for services under the amendment with Special Labor Counsel, for a total not to exceed amount of $110,000. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council authorize the Mayor to approve an agreement to authorize Atkinson, Andelson, Loya, Ruud & Romo to provide professional legal services as Special Labor Counsel to the City of Lynwood in matters pertaining to labor negotiations with the City's two bargaining groups and handle personnel related matters. Section 2. That the City Council appropriate and transfer an additional $9,100 from the unappropriated General Fund to account 1011.35.335.62001 for the services of Atkinson, Andelson, Loya, Ruud & Romo. Total payments under this agreement are not to exceed $60,000. Section 3. This resolution shall become effective immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 5th day of January 2016. ATTEST: i APPROVED AS TO FORM: I � � David A. Garcia, City Attorney 2 F, 7� L'4 12 Edwin Hernande , Mayor . �ArnoldoBe�ltr6n, City Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of January, 2016, and passed by the following vote: . AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS SOLACHE, CASTRO AND MAYOR HERNANDEZ ALATORRE SANTILLAWBEAS NONE �UC/7�� Maria Quinonez, STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016.006 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5. th day of January, 2016. ,'L ria Quinonez, City Clerk 3 Exhibit A ATTORNEY REPRESENTATION AGREEMENT AMENDMENT # 1 I. PARTIES This Attorney Representation Agreement ( "Agreement ") is entered into by and between the law firm of ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a professional corporation, hereinafter referred to as "Attorney" or the "Law Firm" and City of Lynwood, hereinafter referred to as "Client." UNEWW1r1 -Wel" Client desires to retain and engage Law Firm to provide legal services and consultation relating to labor negotiations and labor advice, labor relations and other general employment law matters as requested by the Client. Law Firm accepts this engagement on the terms and conditions contained in this Agreement. III. TERMS AND CONDITIONS A. Fees for Services 1. Hourly Rate Services Client agrees to pay the Law Firm at the following standard hourly rates, not to exceed $60,000: Partners /Senior Counsel $295.00 Associates (depending on years of professional experience) $220.00 - $250.00 Paralegals $165.00 It is contemplated that the Firm will, and the Firm reserves the right to, adjust its hourly rates by $10 each year effective January 1, 2016, and each January 1 thereafter unless the Agreement is canceled or this provision is modified in writing. 2. Costs and Expenses The Law Firm will charge Client for telephone charges ($.07 per minute), incoming and outgoing faxes ($1.00 per page), photocopies ($.20 per page), mailing fees, messenger services, computer database (e.g. Westlaw) searches (billed at vendor's standard retail rate), word processing ($40.00 per hour), and travel expenses including mileage at IRS rate, parking, meals, and lodging (excluding airfare). Costs relating to fees charged by third parties retained to perform services ancillary to the Law Firm's representation of Client are not included and are charged separately. These include, but are not limited to, deposition and court reporter fees, transcript costs, witness fees (including expert witnesses), process server fees, and other similar third parry fees. The Law Firm shall not be obligated to advance costs on behalf of Client; however, for purposes of convenience and in order to expedite matters, the Law Firm reserves the right to advance costs on behalf of Client with Client's prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less. B. Billing Practices 1. A detailed description of the work performed and the costs and expenses advanced by the Law Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month, unless other arrangements are made. Payment of the full amount due, as reflected on the monthly statement, will be due to the Law Firm from Client by the 10th of the month following delivery of the statement, unless other arrangements are made. In the event that there are funds of Client in the Law Firm's Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm's Trust Account to the Law Firm's General Account to the extent of the balance. due on the monthly statement and a credit will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 30 days will be subject to a 1 % per month service charge. .2. Hourly rate services shall be charged to Client at a minimum increment of one- tenth hour, including reasonable travel time billed portal -to- portal. When time spent by Attorney on a particular service exceeds one -tenth hour, the charge will be rounded up to the next one- tenth hour increment. 3. Client agrees to review the Law Firm's monthly statements promptly upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement. C. Termination of Representation Client has the right, at any time, and either with or without good cause, to discharge the Law Firm as its attorneys. In the event of such a discharge of the Law Firm by Client, however, any and all unpaid attorneys' fees and costs owing to the Firm by Client shall be immediately due and payable. The Law Firm reserves the right to discontinue the performance of legal services on behalf of Client on a particular matter upon the occurrence of anyone or more of the following events: 1. Upon order of a court of law requiring the Law Firm to discontinue the performance of legal services; 2. Upon a determination by the Law Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue the performance of legal services; 3. Upon a failure of Client to perform any of Client's obligations with respect to the payment of the Law Firm's fees, costs or expenses as reflected on the monthly bill; or, 4. Upon failure to cooperate with Law Firm as described in paragraph D. In the event that the Law Firm ceases to perform legal services for Client, Client agrees that it will promptly pay to the Law Firm any and all unpaid fees and costs advanced. Further, the Client agrees that, with respect to any litigation where the Law Firm has made an appearance in a court of law on its behalf, Client will promptly execute an appropriate Substitution of Attorney form. Any termination of Law Firm's representation on such a matter may be subject to approval by the applicable court of law. D. Possible Third Party Conflicts The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm's representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client ( "Permitted Adverse Representation "). Client's consent to this arrangement is required because of its possible adverse effects on performance of the Firm's duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the clicnt may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation. E. Client Cooperation Client understands and agrees that, in order for the Law Firm to represent Client effectively, it is necessary for Client to assist and cooperate with the Law Firm during this engagement. Client agrees to: (1) make its employees and officials available to discuss issues as they arise; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis. Noncooperation will be grounds for the Law Firm's withdrawal from representing Client on a particular matter. It is essential that Client and the Law Firm maintain open communications. F. Arbitration: Waiver of JpU Trial The parties agree that all disputes which arise between the Client and the Law Firm, whether financial or otherwise regarding the attorney - client relationship, shall be resolved by binding arbitration. Each side shall bear their own costs and attorneys' fees. The parties agree to waive their right to a jury trial and to an appeal. G. Protection of Client Confidences - Hiizh Tech Communication Devices The Law Firm is aware of its important obligation to preserve the secrets and confidences of its clients which it holds in precious trust for them. To that end it is important that Client and the Law Firm agree from the outset what kinds of communications technology the Law Firm should employ in the course of representing Client. For example, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view. Therefore, Client should only provide the Law Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to Client for receiving confidential communications from the Law Firm. Client agrees that the Law Firm may use any of the cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Law Firm should not use. H. Document Retention and Destruction After a file on a matter is closed,.. Client has a right to request the Law Firm to return the file to Client. Absent such a request, the Law Firm shall retain the file on Client's behalf for a period of five (5) years. Following this period of time, the Law Firm will destroy such files. I. Miscellaneous 1. Law Firm and Client agree that the Law Firm, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of Client. 2. The Law Firm maintains errors and omissions insurance coverage applicable to the services to be rendered. Entire Agreement This Agreement represents the entire agreement between Client and the Law Firm unless a particular matter is covered by a separate written agreement. By execution of this Agreement, Client certifies that it has carefully reviewed and understands the contents of this Agreement and agrees to be bound by all of its terms and conditions. Furthermore, Client acknowledges that the Law Firm has made no representations or guarantees regarding the outcome, or the time necessary to complete or resolve a particular matter. No change or waiver of any of the provisions of this Agreement will be binding on either Client or the Law Firm unless the change is in writing and signed by both Client and the Law Firm. IV. DURATION This Agreement shall commence on July 1, 2015. The attorney- client relationship between the Firm and Client will cease at the conclusion of the matter(s) specified above. If the Firm is not asked by Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both Client and the Firm agree that the attorney - client relationship terminated on the last date the Firm provided advice without further action or notice by either ply. "Law Firm" ATKINSON, ANDELSON, LOYA, RUUD & ROMO Dated: "Client" CITY OF LYNWOOD Dated: By: Irma Rodriguez Moisa