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Resolution No. 2012-193RESOLUTION NO. 2012-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN ATTORNEY SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND MARK E. MANDELL D/B/A MANDELL MUNICIPAL COUNSELING FOR LEGAL SERVICES REGARDING` MUNICIPAL REVENUE WHEREAS, the City of Vernon ("City") has determined that it needs the assistance of an Associate Counsel to provide advice pertaining to a Prop 218 review of water rates and related municipal revenue issues (the "Services"); and WHEREAS, the City.Attorney's Office has determined that Mark E. Mandell d/b/a Mandell Municipal Counseling ("Mandell") is qualified and capable of providing the Services; and WHEREAS, by memo dated October 4, 2012,_the City Attorney's Office recommends the City enter into an agreement setting forth the, terms and conditions under which Mandell will provide the Services (the "Agreement"); and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of Section 2.27(a) of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Mandell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the.City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Attorney Services Agreement (the "Agreement") with _Mark E. Mandell d/b/a Mandell Municipal Counseling, a copy which is attached hereto as Exhibit A. SECTION .3: The City Council of the City of Vernon hereby. authorizes the Mayor or Mayor Pro-Tem to execute the Agreement, for and on behalf of the City; and the Acting City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but notlimited to, any.non-substantive changes to the Agreement attached herein. SECTION 5: The City Council of the City of Vernon hereby .directs the Acting City Clerk, or the Acting City Clerk's designee, to send one executed Agreement to: Mark E. Mandell d/b/a Mandell Municipal Counseling Attn.: Mark E. Mandell, Esq. P.O. Box 481187 Los Angeles, CA 90048 SECTION 6 The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. _2 SECTION 7: The Acting City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and. the Acting City Clerk of the City of Vernon shall cause this resolution and the Acting City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of October, 2012. L Name: Wiiiia J. Davis Title:' Mayor Pro-Tem { ATTEST: w 1 Ana Ba c'a, Deput ity Clerk STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-193, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 16, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City.of Vernon. Executed this -�!Z day of October, 2012, at Vernon, California. ucv--- Ana cia, DepCity Clerk (SEAL) 4_ ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CITY OF VERNON AND MARK E. MANDELL D/BA/ MANDELL MUNICIPAL COUNSELING FOR LEGAL SERVICES REGARDING MUNICIPAL REVENUE COVER PAGE Associate Counsel: Responsible Principal of Associate Counsel Notice Information - Associate Counsel: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period 1 Mark E. Mandell d/b/a Mandell Municipal Counseling Mark E. Mandell, Esq. Mark E. Mandell d/b/a Mandell Municipal Counseling P.O. Box 481187 Los Angeles, CA 90048 Attention: Mark E. Mandell, Esq. Phone: (310) 274-8921 Email: Mark@MandellMuni.com City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Nicholas Rodriguez, City Attorney Telephone: (323) 583-8811 ext. 292 Facsimile: (323) 826-1438 October 16, 2012 October 13, 2013 Total not to exceed $35,000.00 (includes all applicable sales tax) Three (3) years ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CITY OF VERNON AND MARK E. MANDELL D/BA/ MANDELL MUNICIPAL COUNSELING FOR LEGAL SERVICES REGARDING MUNICIPAL REVENUE THIS AGREEMENT is entered as of October 16, 2012, between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Mark E. Mandell d/b/a Mandell Municipal Counseling, a sole proprietor ("Associate Counsel"). City and Associate Counsel are collectively referred to herein as the "Parties." RECITALS WHEREAS, the City, acting through its City Attorney, desires to engage Associate Counsel, in association with the City Attorney, to assist the City Attorney in various cases, and to provide advice and assistance in other legal matters from time to time; and WHEREAS, Associate Counsel possesses the skills, qualifications and experience necessary to assist as Associate Counsel in said matters; and WHEREAS, the City Attorney of the City of Vernon, herein referred to as "City Attorney," is the Chief Legal Advisor for the City and is charged with the responsibility of protecting the interest of the City, its Council, officers, employees and agents, as provided for by California law and the Charter and ordinances of the City. NOW, THEREFORE, the Parties agree as follows: 1.0 Scope of Services. Associate Counsel hereby is associated as Counsel of Record in association with the City Attorney to perform such legal services as may be required from time to time in connection with specific transactional matters and other legal matters as specified in Exhibit A, hereto. Mark E. Mandell, a principal member of the firm of Associate Counsel, shall be responsible for the performance of services hereunder, shall personally handle all significant matters, and shall supervise any services performed by other members of Associate Counsel's firm and by its employees. It is understood that the City Attorney is chief counsel of record for all purposes, and Associate Counsel's performance hereunder shall be under the direction and supervision of the City Attorney, that Associate Counsel shall coordinate its services hereunder with the City Attorney to the extent required by said City Attorney, and that all performances required hereunder by Associate Counsel shall be performed to the satisfaction of said City Attorney. 2.0 Time of Performance and Term. The services of Associate Counsel are to commence upon the signing hereof ("Effective Date"), and the written assignment of particular matters, and shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care. This Agreement shall terminate on October 13, 2013. 3.0 Budgeting. Associate Counsel handling specific City matters will be expected to institute and to adhere to budgeting and planning procedures in the sole discretion 2 of the City Attorney. The general framework of the litigation budgeting and planning procedures is as follows: 3.1 Budget: 3.1.1 Associate Counsel shall, if requested by the City Attorney, provide a plan and a Budget, or revisions thereof, which will include a projection of recommended steps to be taken in the assigned matter and a range of costs for each step. The Plan and Budget will be reviewed and updated as necessary, at least every twelve months, or as more frequently requested by the City Attorney. 3.1.2 The budget shall include an estimate of the attorney's hours, fees and disbursements during each phase and activity. 3.1.3 The budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. 3.1.4 Each line item should be given a code number that can be used in the billing process and in preparation of updated progress reports. 3.1.5 The budget is not a fixed fee agreement and is subject to revision. However, Associate Counsel understands and agrees that failure to timely submit a budget or major unjustified deviations therefrom may constitute a breach and result in termination of this Agreement with Associate Counsel. 3.2 Plan. 3.2.1 In addition to the budget, Associate Counsel shall prepare a plan, at least every twelve months, or as more frequently requested. The plan will start as an initial evaluation (before substantial costs are incurred) and shall include, with a discussion: a) anticipated total costs; b) the primary issues, and c) tasks toward completion 3.2.2 The City Attorney shall be consulted by Associate Counsel regarding the component parts of projects/cases handled so that the City Attorney can determine, or secure a determination from the City Council, as appropriate, tactics, strategy and whether a particular activity makes sense from an economic standpoint or can be done more economically in another fashion. 3.2.3 The City Attorney is to be consulted regarding staffing of litigation and is to be advised of any significant shift in staffing. 3.2.4 The City Attorney is to be provided with copies of any billing manuals or directions for billing practices in use by Associate Counsel within thirty (30) days of signing this Agreement. 3 4.0 Compensation, Reimbursement and Methods of Payments. 4.1 Compensation. Associate Counsel has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in Los Angeles Counties for the same services. Fees for all services provided hereunder by all billers shall be charged in accordance with Exhibit B, which is attached hereto and fully incorporated herein by reference. Associate Counsel's total compensation in any one year of this Contract shall not exceed the amount of $35,000.00, without prior approval of the City Council and written amendment of this Contract. Associate Counsel's grand total, not -to -exceed compensation for the term of this Contract shall not exceed the amount of $35,000.00, without prior approval of the City Council and written amendment of this Contract. 4.2 Reimbursement. In addition to the compensation provided above, the City will reimburse Associate Counsel only for the following expenses: printing, copying costs (not to exceed 15 cents a page), long distance telephone calls, faxes, transcription fees, reporter's fees and ground transportation (not to exceed 44.5 cents a mile). Any other expense (e.g., travel expenses or travel time beyond Southern California) must be approved by the City Attorney in writing and in advance. No compensation shall be allowed for general overhead or support services such as typing, word processing, secretarial time of any nature (normal, overflow or overtime), clerical work, Lexis or Westlaw, equipment rental, calendaring, setting up files, updating files, computer time or service, nor any other expense not itemized in the approved Case Budget or otherwise approved by the City Attorney. There shall be no mark-ups on outside services. 4.3 The City Attorney must approve in advance any single disbursement item in excess of $500.00, including, but not limited to, investigators, copying and experts. Requests for costs exceeding $500.00 shall contain a recommendation of alternative information services, including use of City employees. Associate Counsel will use City Staff in lieu of outside experts whenever feasible. 4.4 The City expects moderation with regard to all expenses. 4.5 Method of Billing. Unless otherwise agreed, Associate Counsel shall provide monthly bills unless charges for a particular month are insignificant. The following information must be provided in monthly bills: A. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. Associate Counsel shall keep the City advised regarding the identity and the billing rates of those people who work on the litigation account. B. Identification of the lawyer who is in charge of the matter. C. Detailed disbursement breakdowns, including the nature and purpose of each disbursement. 4 D. Each billing item will be separately stated on a separate line identifying the biller, the time spent and the exact nature of the service rendered. Narrative billing and block billing are unacceptable. For example, if numerous tasks are undertaken in one day, each should be identified with a specified time for performing that task, i.e. a telephone call, a court appearance, a meeting or legal research. All tasks performed on the same day should be entered as separate entries, identifying the time spent on each. Telephone conferences should specify the participants and the subject matter discussed. The City will not pay for vague descriptions for services which do not state the precise nature of the work performed and the need for the work. Words such as "research", "strategy", "analysis", "discovery", "conference", "preparation", "case management", "memorandum", "correspondence", "telephone call" or "meeting", without an explanation of (1) the specific topic or subject matter, (2) the persons involved, and (3) the need therefor, do not allow accountability and are therefore not reimbursable. E. The City will not pay for interoffice conferences among attorneys/billers unless a conference is a necessary strategy meeting relating to some significant legal issue or event, such as an upcoming trial, and then only one attorney may be billed. Where charges are made for conferences, the specific reason and need for each conference must be stated in detail, and the participants identified. F. Where charges are made for research time, the specific issue being researched and the need must be identified. City has retained Associate Counsel for its expertise, and therefore expects not to be billed for introductory or background research. The City will not pay for attorneys, law clerks and paralegals educating themselves or doing work of a transient nature on the case. G. The City expects the attorney assigned to the case to handle all significant matters in the litigation. If other attorneys are assigned to assist the primary attorney, the City must be notified. The City may request that the assigned work be instead handled by the primary attorney. Thus, only those attorneys or persons approved in advance by the City may bill on the case. Resumes will be provided for all persons (other than clerical or secretarial) working on the case. H. No more than two support staff may bill on a particular case without the prior approval of the City. I. One paralegal may be used. Assignment of work to such paralegal should not result in duplicative work by the attorneys, or reworking of paralegal's work. Paralegal shall not perform clerical work, such as filing, indexing, date - stamping, organizing, etc., but shall perform work such as research, summarizing depositions, investigation, interviews of witnesses, etc. J. Upon request, each item billed must be coded to a specific budget line item, so a bill may be easily compared with the approved budget. 5 K. A tracking system must be set up to periodically, at least every six months, compare the amount of work completed to a percentage of the budget absorbed. L. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). M. The City will not pay for more than one biller doing any task (e.g. two or more attorneys attending the same depositions or the same court appearances, a biller redoing the work of another biller, or duplicative entries for reviewing and analyzing documentation and legal research). N. Photocopies of deposition transcripts shall be made whenever possible to reduce deposition expenses. O. No finance charge or interest will be paid by the City, nor billed by Associate Counsel. 4.6 Timing of Payment. The City shall pay Associate Counsel for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis. 5.0 Engagement of Other Counsel. Specialists or Experts. Associate Counsel shall not engage or otherwise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without the prior written approval of the City Attorney. 60 Termination of Agreement and Legal Services. Subject to the applicable provisions of the Rules of Professional Conduct of the State Bar of California, this Agreement and all legal services to be rendered hereunder may be terminated at any time by written notice from either party with or without cause. In such event, all finished or unfinished documents, project data and reports, both originals and all duplicate copies, in all forms and media requested by the City, shall immediately be turned over to the possession of City, which owns all such materials. In the event of such termination, Associate Counsel shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adjusted, in the City's sole discretion, in light of the particular facts and circumstances involved in such termination. 7.0 Interest of Members of Local Public Agency. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 1.9 8.0 Interest of Counsel. Associate Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego such representation if the City Attorney, in his sole discretion, objects for any reason. 9.0 General Procedures. 9.1 Copies of major documents, correspondence and periodic status reports shall be submitted to keep the City Attorney advised of any major developments in the matter. Once the plan is approved, the firm need not advise the City of each and every step being taken. As long as the firm is complying with the plan, the firm should provide periodic reviews and information on significant matters. The City does not, however, want boilerplate routine letters announcing each and every procedural step being taken. 9.2 All correspondence to the City shall reference the City Attorney File Number. 10.0 Policy_for Investigation and Discovery Assistance. A copy of the City Attorney's Policy for Investigation and Discovery Assistance is attached hereto as Exhibit D which is attached hereto and fully incorporated herein by reference. 11.0. Conflict of Interest. Associate Counsel certifies that no member, officer or employee of the Associate Counsel is an officer or employee of the City of Vernon except to the extent permitted by law. 12.0 Maintenance and Inspection of Records. 12.1 The City and any other Federal, State or local governmental agency, and any of their authorized auditors or representatives, shall have access to, and the right to audit and reproduce any of Associate Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Associate Counsel is properly entitled or for other purposes relating to the Agreement. 12.2 Associate Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Associate Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. 12.3 If Associate Counsel does not maintain such records in the City of Vernon, Associate Counsel shall either deliver said records at its expense to 7 Vernon or shall promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, expenses for personnel, salaries, private auditors, lodging, meals and overhead. 13.0 Indemnity. 13.1 Associate Counsel agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of, any performance under this Agreement, or any acts, errors or omissions (including, without limitation, professional negligence) of Associate Counsel, its employers, representatives, subcontractors, or agents in connection with the performance of this Agreement. 13.2 This Agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Associate Counsel and its employees or agents, and members of the general public). 14.0 Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Associate Counsel, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 Y2 times the basic rate of pay. Living Wages. In addition, Associate Counsel, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit E. Upon request, certified payroll shall be provided to the City. 0 15.0 INSURANCE. Associate Counsel shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. 15.1 Automobile Liability with minimum limit of at least $500,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non - owned liability coverage if written on a Commercial automobile liability form. 15.2 Professional Errors and Omissions coverage in a sum of at least $1,000,000. If a claims -made policy is obtained, a "tail" of at least three years shall be purchased if non -renewed within three (3) years of completion of performance under this Agreement. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 15.3 Associate Counsel shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: 15.3.1 Provide copy of permissive self-insurance certificate approved by the State of California; or 15.3.2 Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its Council, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or 15.3.3 Provide an insurance exemption form certifying that no employees subject to workers' compensation law will be used in performance of this Agreement. 15.3.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice to City. 15.3.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. M 15.3.6 Prior to commencement of performance, Associate Counsel shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 15.3.7 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Associate Counsel shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Associate Counsel by way of set-off or recoupment from sums due Associate Counsel, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Associate Counsel, by way of set-off or recoupment from any sums due Associate Counsel. 16.0 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 17.0 Incorporation by Reference. This contract incorporates by all Exhibits. 18.0 Order of Precedence. In case of conflict between the terms of this Agreement and the terms in any document attached as an exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. [Signatures Begin on Next Page]. 10 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation By. William Davis, Mayo Pro-Tem ATTEST: DAM �A"A %ug"XXX Ana Barcia, Deputy City Clerk APPROVED A TO FORM: Nicholas Rodriguez, City Attorney Mark E. Mandell d/b/a Mandell Municipal Counseling, a sole proprietor By: #h �AA"1,0 Name: �VL4'-' 12 4m t,&,// Title: j C� /q -; �jt�' By: Name: Title: 11 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Associate Counsel shall provide advice pertaining to a Prop 218 review of water rates and related municipal revenue issues. 12 EXHIBIT B MANDELL MUNICIPAL COUNSELING PO Box 481187 Los Angeles, CA 90048 (310) 274-8921 Nicholas George Rodriguez City Attorney City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Work for City of Vernon Dear Mr. Rodriguez: The following hourly fees are agreeable: Mark E. Mandell $235.00 Very truly yours, Mark E. Mandell 13 EXHIBIT C EQUAL OPPORTUNITY EMPLOYMENT PRACTICES PROVISIONS A. Associate Counsel certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Associate Counsel agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Associate Counsel, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Associate Counsel agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Associate Counsel agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 14 EXHIBIT D POLICY FOR INVESTIGATION AND DISCOVERY ASSISTANCE The following sets forth the policy of this office regarding investigation and other assistance in the defense of liability cases involving the City of Vernon or City employees. The objective is to provide current and long-range investigative assistance and guidance on all liability cases. 1. Copies of the summons, complaint and claims investigation reports, if available, will be forwarded to Associate Counsel upon assignment of the lawsuit to defense counsel. 2. Associate Counsel, in evaluating the lawsuit, is to advise the City Attorney as to further investigative needs. The services of an investigating agency, approved by the City Attorney, may be requested to assist Associate Counsel in their investigation. The agency is to furnish this office with copies of all its reports. 3. After receiving Associate Counsel's request, the investigating agency commences the specified investigation and outlines its recommendations for additional investigation, but does not commence such additional investigation until specifically requested by Associate Counsel to do so. 4. In addition to investigation, the investigating agency assists with such discovery, needed diagrams, photographs and other information as may be requested by Associate Counsel. 5. Associate Counsel is requested to review the claims investigation file sent with the assignment of defense so as to preclude unnecessary or duplicate investigative expenses. 6. Copies of the Vernon Municipal Code and other City documents can be readily obtained from the City Attorney's Office. 7. Attendance at mandatory settlement conferences will include only Associate Counsel and an attorney from the City Attorney's Office. Neither the Claims Coordinator nor investigators shall attend unless specifically requested to do so by this office. 15 EXHIBIT EXHIBIT E LIVING WAGE PROVISIONS Minimum Livina Waaes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 16 November 1, 2012 Mark E. Mandell d/b/a Mandell Municipal Counseling P.O. Box 481187 Los Angeles, CA 90048 Attn.: Mark E. Mandell, Esq. Re: Resolution No. 2012-193 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Attorney Services Agreement By and Between the City of Vernon and Mark E. Mandell D/B/A Mandell Municipal Counseling for Legal Ks;>; Services Regarding Municipal Revenue p Dear Mr. Mandell: Transmitted herewith is a copy of Resolution No. 2012-193 referenced above, which was approved by City Council on October 16, 2012. If you have any questions regarding this matter, please contact me at (323) 583-8811 ext. 286 Very truI yours, Bar ia` Deputy City Clerk AB/yb Enclosure Excfusive6i Industfiaf RECEIVED OCT 10 2012 CITY CLERK'S OFFICE Staff Report City Attorney's Office DATE: October 4, 2012 TO: Honorable Mayor Pro Tem and City Council FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Legal Services - Mark Mandell Background RECEIVED OCT 0 4 2012 CITY AD RATION The City of Vernon ("City") is in need of Associate Counsel that can provide advice pertaining to a Prop 218 review of water rates and related municipal revenue issues. These are specialized areas of legal practice, and the City needs to supplement in-house counsel with an attorney who specializes in these areas on a short term basis to assist in insuring that Vernon has a strong foundation as it moves ahead with review of certain of its rates and assessments. Traditionally, legal services are not procured through a competitive bid process as price is not the determinative factor in making a selection. There is an immediate need for this resource, and a Request for Proposal process would have a lead time of several months. In addition, this is a very Ispecialized field with relatively few practitioners. Four (4) attorneys known to be experienced in this field were identified. One attorney identified a conflict and is unable to assist. One attorney indicated that they were not in a position to accept an engagement. A third. practices in Oakland, and it was felt more cost effective to engage a local attorney. Mark Mandell has been identified as a highly qualified attorney for the services requested, has a statewide reputation for his knowledge in the field, provides rates to municipalities which are competitive, and is the recommended provider to fill the short term needs of Vernon. Mr. Mandell was engaged by purchase order to work on a specific project, but additional needs have arisen in the meantime which are projected to exceed the permissible amount of a purchase order. Therefore, staff is recommending a contract with Mr. Mandell, not to exceed one year. Fiscal Impact The total amount of compensation paid to Associate Counsel shall not exceed the amount of $35,000 in the one year of the contract without prior approval by the City Council and written amendment to the contract. Recommendation It is hereby recommended that the City Council approve the attached contract between the City of Vernon and Mark Mandell for legal service. The City Council is further asked to find that this action is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. cc: Nicholas Rodriguez CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 31, 2012 TO: Nicholas Rodriguez, City Attorney FROM: Ana Barcia, Deputy City Clerk -RE: Resolution No. 2012-193 = A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Attorney Services Agreement By and Between the City of Vernon and Mark E. Mandell D/B/A Mandell Municipal Counseling for Legal Services Regarding Municipal Revenue Transmitted herewith is a copy of Resolution No. 2012-193 referenced above, which was approved by City Council on October 16, 2012. Thank you. AB: yb Attachment c: Resolution No. 2012-193 Eva Muro