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