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R-1141 - 11/08/2011 - AGREEMENT - Resolutions Supporting DocumentsITEM 10.A.2) S r �,� AGENDA ITEM Regular Board of Trustees Meeting of November 8, 2011 SUBJECT: Labor- Attorney Appointment FROM: Blaine Wing, Assistant Village Manager BUDGET SOURCE/BUDGET IMPACT: Legal (Fund 12 1) RECOMMENDED MOTION: I move that the Village Board authorize the Village President to appoint Ancel Glink as the Village's Labor Counsel and approve Resolution 2011-AG-LE-EX1-R- 1141. Bacliground/Historv: On June 7, 2011, the Village of Oak Brook contacted four law firms to solicit their interest in being the Village's Labor Counsel. All four law firs submitted proposals, which were thoroughly reviewed for comparison. Staff narrowed the firs down to three (3) finalists to be interviewed by Trustees Manzo and Moy who oversee the Village's Legal budget, as well as any other Trustees who were interested in participating. During the months of October and November, the firs were interviewed and staff was recently directed to negotiate with Ancel Glink to establish an agreement. Attached is the proposed engagement agreement, as well as resolution approving Ancel Glink as Oak Brook's Labor Counsel. A few of the top highlights of highlights of Ancel Glink include: • Skilled in collective bargaining processes, including grievance and interest arbitration • Well versed in the Illinois Public Labor Relations Act • Committed to working with clients to insure legal fees remain fair and reasonable • All time is fully itemized and documented. Recommendation: Staff recommends that the Village Board authorize the Village President to appoint Ancel Glink as the Village's Labor Counsel. dJ'� RESOLUTION 2011- AG- LE -EX1 -R -1141 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 8`" day of November, 2011 Ayes: Gopal G. Lalmalani Village President PASSED THIS 81" day of November, 2011 ATTEST: Charlotte K. Pruss Village Clerk ANCEL, GUNK, DIAMOND, BUSH, DICIAw & KRAFTHEFER, P.C. November 4, ?011 Page 3 ACCEPTED: Village of Oak Brook By: Village President Gopal Lalmalani CHICAGO • VERNON HILLS . WESTERN SUBURBS • CRYSTAL LAKE • BLOOMINGTON Resolution 2011 -AG-LE-EX 1 -R-1 141 Approving and Authorizing the Execution of an Agreement regarding the Engagement of Labor Counsel Page 2 of 2 EXHIBIT A AGREEMENT i Ancel Glinki J\U 11:1 J 11 1 11 I'I 'ai 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 Dcarbom Street, Suite 600 Chicago, IL 60603 mmuncelglink.cum Re: Engagement Letter — Labor Work Dear Mr. Niemeyer: Keri-Lyn J. Krafthcfer kkrdfthefLT@ancelglink.com ancelglink.com (P) 312.604.9126 (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: Scope 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. 2. 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 information 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 term 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 Westlaw 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. �Vlenry�trnuly ours, Keri -L 7. efe cc: Mr. Blaine Wing CHICAGO • VERNON HILLS • WESTERN SUBURBS • CRYSTAL LAKE • BLOOMINGTON