R-1141 - 11/08/2011 - AGREEMENT - ResolutionsRESOLUTION 2011 -AG-LE-EX1 -R-1 141
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT REGARDING THE ENGAGEMENT OF LABOR COUNSEL
WHEREAS, the Village desires to enter into an agreement providing for the engagement of the
law firm of Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. as labor counsel to perform certain
legal services at the direction of the Village Manager and the Village Board regarding union labor
disputes, union negotiations, union collective bargaining agreements, and related union grievance
proceedings ( "Agreement'); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement in substantially the form attached to, and by this reference
incorporated into, this Resolution as Exhibit A;
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 the Agreement. The President and Board of Trustees hereby
approve the Agreement in a form substantially the same as attached to this Resolution as Exhibit A and in
final 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.
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 8t° day of November, 2011
t
i
Gopal . Lalmalgn—i
Village President
PASSED THIS 81" day of November, 2011
Ayes: Trustees Aktipis, Manzo, Moy Wolin and Yusuf
Absent: Trustee Zannis
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2011 -AG-LE-EX1 -R-1 141
Approving and Authorizing
the Execution of an Agreement regarding
the Engagement of Labor Counsel
Page 2 of 2
EXHIBIT A
AGREEMENT
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November 4, 2011
Mr. David Niemeyer
Village Manager
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523
A Professional Corporation
140 South pcarbom Street, Suite 600
Chicago, IL 60603
tvww.mcelglinkcom
Re: Engagement Letter — Labor Work
Dear Mr. Niemeyer:
Ked -Lyn J. Kmahefer
kkraRheferoaa ancelglink.com
(P) 311604.9126
(F) 312.782.0943
Ancel Glink would be pleased to be selected to serve as Labor Counsel for the
Village of Oak Brook. To ensure that both of us have a clear understanding of our
relationship, this letter memorializes the key terms of our engagement. The following,
therefore, sets forth these terms:
1. Client, Scone of Representation. Our client will be the Village of Oak
Brook. The scope of our engagement will be to represent the Village relative to
collective bargaining, labor and other related projects assigned to us by the Village
Board, Village Manager and/or senior administrative staff. The Village may limit or
expand the scope of our representation from time -to -time, provided that any substantial
expansion must be agreed to by us-
?. Term of Engagement. Either of us may terminate the engagement at any
time for any reason by written notice, subject on our part to applicable rules of
professional responsibility. Following such termination, any otherwise non - public
infornmation you have supplied to the firm which is retained by us will be kept
confidential in accordance with applicable rules of professional responsibility. If, upon
such termination, you wish to have any documents delivered to you, please advise us.
Otherwise, all such documents will be transferred to the person responsible for
administering our records retention program. For various reasons, including
minimization of unnecessary storage expenses, we reserve the right to destroy or
otherwise dispose of any such documents retained by us, absent contrary instructions
from you.
3. Fees and Expenses. Our fees are determined based on time spent
providing services to you by our professional staff. Projects assigned to us by the
Village shall be billed at the rate of $225.00 per hour for partners and of counsel
attorneys, $200 per hour for associates, and $100.00 per hour for paralegals. Such
projects shall be itemized and billed separately on a monthly basis. All of our time is
fully itemized and documented in 0.25 hour increments. These rates will be reviewed
annually.
CHICAGO . VERNON HILLS . WESTERN SUBURBS . CRYSTAL LAKE . BLOOMINGTON
ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C.
November 4, 2011
Page 2
Any expenses, disbursements and other charges incurred on the Village's behalf
will be billed to the Village in addition to our charges for professional services in
accordance with our regularly - established procedures. We will, of course, consult with
you regarding the hiring of any additional experts or consultants. We may ask you
either to pay or reimburse certain vendors directly or advance to us those sums prior to
our expenditure.
Each bill for services includes the initials of the individual performing the
assigned task, the date on which the work was performed, a detailed description of the
work and the amount of time spent completing the assignment. We are committed to
working with our clients to insure legal fees, short terni and long term, remain fair and
reasonable. We do not mark -up reimbursable expenses (e.g., reporter's fees, costs of
notice publication, etc.). We charge $.21 per page for reproduction services (when
those documents cannot simply be provided electronically) and additional amounts for
any Westaw research conducted for the Village exclusively. We bill gavel to gavel for
our travel time. We will not bill the Village for the transition of any existing files.
Upon request, we will provide you with an advance estimate or budget of the cost of a
project.
Our billing invoices are prepared monthly, and payment is due within 30 days
of the date of the statement. All of our time is fully itemized and documented. Each
monthly bill for services includes the initials of the individual performing the assigned
task, the date on which the work was performed, a description of the work and the
amount of time spent completing the assignment.
We are pleased to be a part of Oak Brook's team. If the Village is in agreement
with the above, please have the Village President sign a copy of this letter in the space
provided below and return it to the undersigned. If you have any questions about these
provisions, please do not hesitate to call me.
IVlenry�tnnily ours,
C^�V'
Keri -L n 7. afthefe
cc: Mr. Blaine Wing
CHICAGO • VERNON HILLS • WESTERN SUBURBS • CRYSTAL LAKE • BLOOMINGTON