Resolution No. 8509c
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RESOLUTION NO. 8509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
REVERE & WALLACE FOR LEGAL SERVICES
WHEREAS, the law firm of Revere & Wallace ("Law Firm")
specializes in personnel, labor, insurance, malpractice, real estate
and litigation matters; and
WHEREAS, the Law Firm is willing to provide legal services
Ion an as -needed basis in connection with public benefits resource
projects and other legal services as directed by the City
Administrator for an hourly rate of $220; and
WHEREAS, on August 4, 2004, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated July 29, 2004, that an agreement with Revere & Wallace.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 the Law Firm.
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 Agreement with Revere & Wallace, in substantially the
same form as the copy which is attached hereto as Exhibit A and
f f f
1 incorporated by reference.
2 SECTION 3: The City Council of the City of Vernon hereby
3 authorizes the City Administrator to execute said Agreement for, and
4 on behalf of, the City of Vernon.
5 SECTION 4: The City Council of the City of Vernon hereby
6 directs the City Clerk, or his designee, to send one fully executed
7 Agreement to:
8 Revere & Wallace
9 Attn. Frank Revere, Esq.
900 Wilshire Blvd., Suite 730
10 Los Angeles, CA 90017-4708
11 SECTION 5: The City Clerk of the City of Vernon shall
12 certify to the passage of this resolution, and thereupon and
13 thereafter the same shall be in full force and effect.
14 APPROVED AND ADOPTED this 4th day of August, 2004.
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17 EONIS C. MAL9VRG, M yor
18 ATTEST:
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21 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.
8509, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, August 4,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
VA,
REVERE & WALLACE
LA�aS
ATTORNEY -CLIENT CONTRACT
This document (the "Agreement") is the written fee contract that California law
requires attorneys to have with their clients. We, REVERE & WALLACE, will provide legal
services to you, CITY OF VERNON, on the terms set forth below.
1 CONDITIONS. This Agreement will not take effect, and we will have no
obligation to provide legal services, until you return a signed copy of this Agreement.
2. SCOPE OF SERVICES. You are hiring us as your attorneys to represent
you with respect to public benefits resource projects and other services. We will provide such
services as are reasonably required to represent you as according the attached Rate Schedule.
3. CLIENT'S DUTIES. You agree to be truthful with us, to cooperate, to keep us
informed of developments, to abide by this Agreement, to pay our bills on time, and to keep us
advised of your address, telephone number and whereabouts.
4. LEGAL FEES AND BILLING PRACTICES. You agree to pay by the hour at
our prevailing rates for time spent on your matter by our legal personnel. Our current hourly
rate for legal personnel (and other billing rates) are set forth on the attached Rate Schedule.
The Rate Schedule also provides for periodic increases.
We will charge you for the time we spend on telephone calls relating to your
matter, including calls with you, opposing counsel or court personnel. The legal personnel
assigned to your matter will confer among themselves about the matter, as required. When
they do confer, each person will charge for the time expended. Likewise, if more than one of
our legal personnel attends a meeting, court hearing or other proceeding, each will charge for
the time spent. We will charge for waiting time in court and elsewhere, and for travel time,
both local and out of town.
5. COSTS AND OTHER CHARGES.
(a) In General. We may incur various costs and expenses in performing legal
services under this Agreement. The costs and expenses commonly include process server's fees,
deposition reporter's fees, long distance telephone calls, messenger and other delivery fees,
postage, parking and other local travel expenses, photocopying and other reproduction costs,
-1-
REVERE & WALLACE
LAVMRS
clerical staff overtime, word processing charges, charges for computer time and other similar
items. Except for the items listed on the Rate Schedule, all costs and expenses will be charged
at our cost.
(b) Out -of -Town Travel. You agree to pay transportation, meals, lodging and
all other costs of any necessary out-of-town travel by our personnel. You will also be charged
the hourly rates for the time legal personnel spend traveling.
6. BILLING STATEMENTS. We will send you statements for fees and costs
incurred at intervals of not less than thirty (30) days.
7. DISCHARGE AND WITHDRAWAL. You may discharge us at any time. We
may withdraw with your consent or for good cause. Good cause includes your breach of this
Agreement, your refusal to cooperate with us or to follow our advice on a material matter, or
any fact or circumstance that would render our continuing representation unlawful or
unethical.
When our services conclude, all unpaid charges will immediately become due
and payable. After our services conclude, we will, upon your request, deliver your file to you,
along with any funds or property of yours in our possession.
- 8. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in
our statements to you will be construed as a promise or guarantee about the outcome of your
matter. We make no such promises or guarantees. Our comments about the outcome of your
matter are expressions of opinion only.
9. EFFECTIVE DATE. This Agreement will take effect when you have performed
the conditions stated in Paragraph 1, but its effective date will be retroactive to the date we first
performed services. The date at the beginning of this Agreement is for reference only. Even if
this Agreement does not take effect, you will be obligated to pay us the reasonable value of any
services we may have performed for you.
10. MISCELLANEOUS AND ERRORS AND OMISSIONS INSURANCE
COVERAGE. You acknowledge that Lawyers have advised that the attorney's fees are
negotiable. Attorneys maintain errors and omissions insurance coverage and the policy limits
of that coverage is in excess of Five Hundred Thousand Dollars.
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REVERE & WALLACE
L,VIM
DATED: August , 2004 REVERE & WALLACE
FRANK REVERE
The undersigned has read and understands the foregoing terms and those set forth
on the attached Rate Schedule, and agrees to them as of the date Revere & Wallace first
provided services.
DATED: August , 2004
APPROVED AS TO FORM:
ERIC T. FRESCH
City Attorney
%I
BRUCE MALKENHORST
City Administrator
REVERE & WALLACE
LAVATRs
RATE SCHEDULE
A. HOURLY RATES FOR LEGAL PERSONNEL:
Partners $220.00
Associates $ 200.00
Paralegals $100.00
Law Clerks $125.00
B. STANDARD CHARGES:
We charge for our time in minimum units of .20 hours.
C. COSTS AND EXPENSES:
In -office photocopying $0.25/page
Parking, Filing Fees, Fedex Actual
Long distance, etc.
D. SUBJECT TO CHANGE:
The rates on this schedule are subject to change on thirty (30) days' written notice. If
you decline to pay any increased rates, we will have the right to withdraw as your attorneys.
-4-
SUPPORTING
DOCUMENTS
REVERE & WALLACE
LAWYERS
ATTORNEY -CLIENT CONTRACT
This document (the "Agreement") is the written fee contract that California law
requires attorneys to have with their clients. We, REVERE & WALLACE, will provide legal
services to you, CITY OF VERNON, on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect, and we will have no
obligation to provide legal services, until you return a signed copy of this Agreement.
2. SCOPE OF SERVICES. You are hiring us as your attorneys to represent
you with respect to public benefits resource projects and other services. We will provide such
services as are reasonably required to represent you as according the attached Rate Schedule.
3. CLIENT'S DUTIES. You agree to be truthful with us, to cooperate, to keep us
informed of developments, to abide by this Agreement, to pay our bills on time, and to keep us
advised of your address, telephone number and whereabouts.
4. LEGAL FEES AND BILLING PRACTICES. You agree to pay by the hour at
our prevailing rates for time spent on your matter by our legal personnel. Our current hourly
rate for legal personnel (and other billing rates) are set forth on the attached Rate Schedule.
The Rate Schedule also provides for periodic increases.
We will charge you for the time we spend on telephone calls relating to your
matter, including calls with you, opposing counsel or court personnel. The legal personnel
assigned to your matter will confer among themselves about the matter, as required. When
they do confer, each person will charge for the time expended. Likewise, if more than one of
our legal personnel attends a meeting, court hearing or other proceeding, each will charge for
the time spent. We will charge for waiting time in court and elsewhere, and for travel time,
both local and out of town.
5. COSTS AND OTHER CHARGES.
(a) In General. We may incur various costs and expenses in performing legal
services under this Agreement. The costs and expenses commonly include process server's fees,
deposition reporter's fees, long distance telephone calls, messenger and other delivery fees,
postage, parking and other local travel expenses, photocopying and other reproduction costs,
11-
REVERE & WALLACE
LAWYERS
clerical staff overtime, word processing charges, charges for computer time and other similar
items. Except for the items listed on the Rate Schedule, all costs and expenses will be charged
at our cost.
(b) Out -of -Town Travel. You agree to pay transportation, meals, lodging and
all other costs of any necessary out-of-town travel by our personnel. You will also be charged
the hourly rates for the time legal personnel spend traveling.
6. BILLING STATEMENTS. We will send you statements for fees and costs
incurred at intervals of not less than thirty (30) days.
7. DISCHARGE AND WITHDRAWAL. You may discharge us at any time. We
may withdraw with your consent or for good cause. Good cause includes your breach of this
Agreement, your refusal to cooperate with us or to follow our advice on a material matter, or
any fact or circumstance that would render our continuing representation unlawful or
unethical.
When our services conclude, all unpaid charges will immediately become due
and payable. After our services conclude, we will, upon your request, deliver your file to you,
along with any funds or property of yours in our possession.
8. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in
our statements to you will be construed as a promise or guarantee about the outcome of your
matter. We make no such promises or guarantees. Our comments about the outcome of your
matter are expressions of opinion only.
9. EFFECTIVE DATE. This Agreement will take effect when you have performed
the conditions stated in Paragraph 1, but its effective date will be retroactive to the date we first
performed services. The date at the beginning of this Agreement is for reference only. Even if
this Agreement does not take effect, you will be obligated to pay us the reasonable value of any
services we may have performed for you.
10. MISCELLANEOUS AND ERRORS AND OMISSIONS INSURANCE
COVERAGE. You acknowledge that Lawyers have advised that the attorney's fees are
negotiable. Attorneys maintain errors and omissions insurance coverage and the policy limits
of that coverage is in excess of Five Hundred Thousand Dollars.
.2.
r
REVERE & WALLACE
LAWYERS
DATED: August , 2004
REVERE & WALLACE
FRANK R RE
The undersigned has read and understands the foregoing terms and those set forth
on the attached Rate Schedule, and agrees to them as of the date Revere & Wallace first
provided services.
DATED: August A-V__, 2004
APPROVED AS TO FORM:
ERIC T. FRESCH A
City Attorney
-3-
BRUCE MALKENHORST
City Administrator
V
REVERE & WALLACE
LAWYERS
RATE SCHEDULE
A. HOURLY RATES FOR LEGAL PERSONNEL:
Partners
$220.00
Associates
$200.00
Paralegals
$100.00
Law Clerks
$125.00
B. STANDARD CHARGES:
We charge for our time in minimum units of .20 hours.
C. COSTS AND EXPENSES:
In -office photocopying $0.25/page
Parking, Filing Fees, Fedex Actual
Long distance, etc.
D. SUBJECT TO CHANGE:
The rates on this schedule are subject to change on thirty (30) days' written notice.
If you decline to pay any increased rates, we will have the right to withdraw as your
attorneys.
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