Resolution No. 84341
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RESOLUTION NO. 8434
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
LETTER AGREEMENT BY AND BETWEEN THE CITY OF VERNON
AND SELMAN BREITMAN LLP
WHEREAS, the City needs the services of a law firm to handle
various insurance matters on an as -needed basis; and
WHEREAS, on April 21, 2004, the Finance Committee considered
Ithe recommendation of Bruce V. Malkenhorst, Director of Finance dated
April 15, 2004, that a retainer agreement with Selman Breitman LLP be
approved and executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Selman Breitman LLP.
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 Letter Agreement with Selman Breitman LLP, a copy of which
is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
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Agreement to:
Selman Breitman LLP
Attn. Elaine K. Fresch
11766 Wilshire Boulevard, 6th Floor
Los Angeles, CA 90025-6538
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 21st day of April, 2004.
LEONIS C. MA
ATTEST: BURG, Vayor
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8434, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, April 21,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
SELMAN
t')BREITMAN LLP
ATTORNEYS
Elaine K. Fresch
310.689.7016
efresch@selmanbreitman.com
April 15, 2004
Via Federal Express
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Legal Services
Our File No.: 713.17498
RETENTION OF LAW OFFICES OF SELMAN BREITMAN LLP
Dear Mr. Malkenhorst:
11766 Wilshire Boulevard, Sixth Floor
Los Angeles, CA 90025-6538
Telephone 310.445.0800
Facsimile 310.473.2525
www.selmanbreitman.com
I am pleased that I have been asked to discuss the ability of SELMAN BREITMAN LLP to
represent City of Vernon in matters in which the City requests our assistance, including but not
limited to advice regarding insurance matters. The following fulfills the requirement of our
Retainer Agreement being reduced to writing.
When countersigned by you, this letter will constitute a Fee Agreement and Authorization for
SELMAN BREITMAN LLP ("Attorneys") to represent City of Vernon in connection with the
above -referenced matters and any other legal proceedings as requested and/or legal consultation.
Attorneys will bill the City of Vernon on an hourly basis and the City agrees to pay the
applicable hourly billing rate for all hours expended by attorneys, law clerks, paralegals and
others employed by Attorneys. The present hourly rate for Neil H. Selman is $300 per hour;
partners are $275 per hour; associates are $250 per hour, law clerks are $125 per hour and
paralegals are $100 per hour. We review and increase these rates periodically and the applicable
hourly billing rates are those in effect at the time that the services are performed. We will try to
notify you in advance of any increases.
City of Vernon, as client, hereby authorizes Attorneys to do whatever we deem advisable,
including hiring investigators, experts and other services on your behalf at your expense, and
also, to associate with other attorneys in representing the City of Vernon. We will normally
contact you prior to incurring any particular cost that exceeds $500.00.
214552.1 713.17498
Los Angeles • San Francisco • Orange County/Inland Empire • San Diego • Las Vegas
SELMAN
'-)BREITMAN LLP
ATTORNEYS
Bruce V. Malkenhorst
Legal Services
April 15, 2004
Page 2
In addition to attorneys fees, it will also be City of Vernon's responsibility to reimburse
Attorneys for out-of-pocket disbursements made on City of Vernon's behalf. Out-of-pocket
disbursements include all court costs (such as fees for depositions, subpoenas and experts), and
costs for filing, private investigators, messengers, long distance telephone calls, facsimile
charges and photocopying. Out-of-pocket expenses also include charges incurred for secretarial
overtime, computerized legal research and postage.
Statements for our services rendered and costs advanced will be submitted monthly. In the
absence of any written objection within thirty (30) days of City of Vernon's receipt of a
statement, City of Vernon will be deemed to have accepted and acknowledged the statement as
correct through the period covered by the statement.
City of Vernon hereby grants Attorneys authority to deduct from all settlement sums, if any, any
outstanding attorneys fees first, advanced costs, outside expenses, and other disbursements from
the recovery in this matter, if any.
It is specifically agreed to and understood that Attorneys do not promise, guarantee or otherwise
warrant any particular result, verdict, judgment or decree will be obtained by reason of
representing you. However, Attorneys do agree to represent your interests in a professional,
lawyer -like manner, to the best of our ability, consistent with the standard of professional care
prevailing.
City of Vernon has the right to replace Attorneys should City of Vernon become dissatisfied for
any reason. In addition, Attorneys have the right to withdraw from the representation if fees
and/or costs are not paid within 45 days as billed, or if City of Vernon fails to follow Attorneys'
advice as to material matters or for other reasons using Attorneys' legal discretion.
It is understood that this Agreement may be terminated by either party giving written notice of
said termination to the other party, and in the event that City of Vernon terminates this
agreement, City of Vernon agrees to pay Attorneys all charges for services rendered and costs
and expenses, said payment shall be due and owing at the time of termination.
City of Vernon also hereby grants Attorneys all common law and statutory possessory liens as
well as all other relevant and applicable liens enforceable under the laws of the State of
California in the amount of the above -enumerated attorney's fees, advanced costs, outside
expenses, and other disbursements as against any and all recovery and money payable, or of
judgment collected by anyone as settlement of client's claim or satisfaction entered in favor of
the client.
In the event Attorneys are required to take legal action against City of Vernon to collect fees,
Attorneys shall be further entitled to recover actual attorney's fees, including the fair market
214552.1 713.17498
SELMAN
��BREITMAN LLP
ATTORNEYS
Bruce V. Malkenhorst
Legal Services
April 15, 2004
Page 3
value thereof if a party represents himself, and out-of-pocket disbursements, provided that such
fees and disbursements are reasonable.
City of Vernon, as client, hereby grants Attorneys a general Power of Attorney and authorize,
direct and order Attorneys to sign City of Vernon's name to any and all documents, releases,
dismissals, forms, drafts or other papers.
This Agreement contains the entire agreement between City of Vernon and Attorneys regarding
our representation of City of Vernon in connection with the above -referenced matters and any
other matters for which City of Vernon requests consultation or assistance by Attorneys, and the
fees, charges and expenses to be paid by City of Vernon. This Agreement may not be modified
except by written agreement signed by City of Vernon and Attorneys.
This Agreement shall be binding upon City of Vernon and Attorneys and our respective heirs,
executors, legal representatives and successors.
The place of performance of this agreement is Los Angeles, California.
Please feel free to discuss this agreement with anyone who advises you on such matters. If the
agreement set forth above is acceptable to you, please sign and date the enclosed copy of this
letter.
214552.1 713.17498
SELMAN
(4BREITMAN LLP
ATTORNEYS
Bruce V. Malkenhorst
Legal Services
April 15, 2004
Page 4
Again, thank you for allowing SELMAN BREITMAN LLP to represent the City of Vernon. We
look forward to working with the City of Vernon on the above -referenced matters and, upon
receipt of this signed document, we will continue all necessary efforts and actions on City of
Vernon's behalf.
Very truly yours,
SEL N BREITMAN LLP
L�NE K. FRESC
EKF:vf
SO AGREED:
CITY OF VERNON
Leonis C. Malb rg, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
LOW
Eric T. Fresch, City Attorney
Dated: , 2004
Dated:
2004
214552.1 713.17498
SUPPORTING
DOCUMENTS
SELMAN
t-)BREITMAN LLP
ATTORNEYS
Elaine K. Fresch
310.689.7016
efresch@selmanbreitman.com
April 15, 2004
Via Federal Express
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Legal Services
Our File No.: 713.17498
RETENTION OF LAW OFFICES OF SELMAN BREITMAN LLP
Dear Mr. Malkenhorst:
11766 Wilshire Boulevard, Sixth Floor
Los Angeles, CA 90025-6538
Telephone 310.445.0800
Facsimile 310.473.2525
www.selmanbreitman.com
I am pleased that I have been asked to discuss the ability of SELMAN BREITMAN LLP to
represent City of Vernon in matters in which the City requests our assistance, including but not
limited to advice regarding insurance matters. The following fulfills the requirement of our
Retainer Agreement being reduced to writing.
When countersigned by you, this letter will constitute a Fee Agreement and Authorization for
SELMAN BREITMAN LLP ("Attorneys") to represent City of Vernon in connection with the
above -referenced matters and any other legal proceedings as requested and/or legal consultation.
Attorneys will bill the City of Vernon on an hourly basis and the City agrees to pay the
applicable hourly billing rate for all hours expended by attorneys, law clerks, paralegals and
others employed by Attorneys. The present hourly rate for Neil H. Selman is $300 per hour;
partners are $275 per hour; associates are $250 per hour, law clerks are $125 per hour and
paralegals are $100 per hour. We review and increase these rates periodically and the applicable
hourly billing rates are those in effect at the time that the services are performed. We will try to
notify you in advance of any increases.
City of Vernon, as client, hereby authorizes Attorneys to do whatever we deem advisable,
including hiring investigators, experts and other services on your behalf at your expense, and
also, to associate with other attorneys in representing the City of Vernon. We will normally
contact you prior to incurring any particular cost that exceeds $500.00.
214552.1 713.17498
Los Angeles • San Francisco • Orange County/Inland Empire • San Diego • Las Vegas
SELMAN
t-)BREITMAN LLP
ATTORNEYS
Bruce V. Malkenhorst
Legal Services
April 15, 2004
Page 2
In addition to attorney's fees, it will also be City of Vernon's responsibility to reimburse
Attorneys for out-of-pocket disbursements made on City of Vernon's behalf. Out-of-pocket
disbursements include all court costs (such as fees for depositions, subpoenas and experts), and
costs for filing, private investigators, messengers, long distance telephone calls, facsimile
charges and photocopying. Out-of-pocket expenses also include charges incurred for secretarial
overtime, computerized legal research and postage.
Statements for our services rendered and costs advanced will be submitted monthly. In the
absence of any written objection within thirty (30) days of City of Vernon's receipt of a
statement, City of Vernon will be deemed to have accepted and acknowledged the statement as
correct through the period covered by the statement.
City of Vernon hereby grants Attorneys authority to deduct from all settlement sums, if any, any
outstanding attorney's fees first, advanced costs, outside expenses, and other disbursements from
the recovery in this matter, if any.
It is specifically agreed to and understood that Attorneys do not promise, guarantee or otherwise
warrant any particular result, verdict, judgment or decree will be obtained by reason of
representing you. However, Attorneys do agree to represent your interests in a professional,
lawyer -like manner, to the best of our ability, consistent with the standard of professional care
prevailing.
City of Vernon has the right to replace Attorneys should City of Vernon become dissatisfied for
any reason. In addition, Attorneys have the right to withdraw from the representation if fees
and/or costs are not paid within 45 days as billed, or if City of Vernon fails to follow Attorneys'
advice as to material matters or for other reasons using Attorneys' legal discretion.
It is understood that this Agreement may be terminated by either party giving written notice of
said termination to the other party, and in the event that City of Vernon terminates this
agreement, City of Vernon agrees to pay Attorneys all charges for services rendered and costs
and expenses, said payment shall be due and owing at the time of termination.
City of Vernon also hereby grants Attorneys all common law and statutory possessory liens as
well as all other relevant and applicable liens enforceable under the laws of the State of
California in the amount of the above -enumerated attorney's fees, advanced costs, outside
expenses, and other disbursements as against any and all recovery and money payable, or of
judgment collected by anyone as settlement of client's claim or satisfaction entered in favor of
the client.
In the event Attorneys are required to take legal action against City of Vernon to collect fees,
Attorneys shall be further entitled to recover actual attorney's fees, including the fair market
214552.1 713.17498
SELMAN
(4BREITMAN LLP
ATTORNEYS
Bruce V. Malkenhorst
Legal Services
April 15, 2004
Page 3
value thereof if a party represents himself, and out-of-pocket disbursements, provided that such
fees and disbursements are reasonable.
City of Vernon, as client, hereby grants Attorneys a general Power of Attorney and authorize,
direct and order Attorneys to sign City of Vernon's name to any and all documents, releases,
dismissals, forms, drafts or other papers.
This Agreement contains the entire agreement between City of Vernon and Attorneys regarding
our representation of City of Vernon in connection with the above -referenced matters and any
other matters for which City of Vernon requests consultation or assistance by Attorneys, and the
fees, charges and expenses to be paid by City of Vernon. This Agreement may not be modified
except by written agreement signed by City of Vernon and Attorneys.
This Agreement shall be binding upon City of Vernon and Attorneys and our respective heirs,
executors, legal representatives and successors.
The place of performance of this agreement is Los Angeles, California.
Please feel free to discuss this agreement with anyone who advises you on such matters. If the
agreement set forth above is acceptable to you, please sign and date the enclosed copy of this
letter.
fAC_;UAifkWKRiV
SELMAN
t')BREITMAN LLP
ATTORNEYS
Bruce V. Malkenhorst
Legal Services
April 15, 2004
Page 4
Again, thank you for allowing SELMAN BREITMAN LLP to represent the City of Vernon. We
look forward to working with the City of Vernon on the above -referenced matters and, upon
receipt of this signed document, we will continue all necessary efforts and actions on City of
Vernon's behalf.
Very truly yours,
SELM— N BREITMAN L
AINE K. FRESCH
EKF:vf
SO AGREED:
CITY OF VERNON
By:
�LeonisC.M2alb�&Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
Eric T. Fresch, City Attorney
Dated: 7A-1 , 2004
Dated: / , 2004
214552.1 713.17498