Resolution No. 8953n
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RESOLUTION NO. 8953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE RETENTION OF
BELL, MCANDREWS, HILTACHK, LLP AND AUTHORIZING THE
CITY TO DO ALL ACTIONS DEEMED NECESSARY OR ADVISABLE
CONCERNING SAID RETENTION
WHEREAS, the City of Vernon needs the services of a law firm;
and
WHEREAS, staff has determined that the firm of Bell,
McAndrews, Hiltachk, LLP ("Law Firm") to be the firm that meets the
City's criteria specified for this matter.
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 retention of Bell, McAndrews, Hiltachk, LLP.
SECTION 3: The City Council of the City of Vernon hereby
approves and authorizes the City Attorney, or his designee, to take ail
actions deemed necessary to retain the services of Bell, McAndrews,
Hiltachk, LLP.
SECTION 4: The Acting 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.
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APPROVED AND ADOPTED this 18th day of January, 2006.
ATTEST:
BRUCE MALKENHORST, JR.
Acting City Clerk
r
EONIS C. MAL G, M&yor
- 2 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 8953, was duly adopted by the City Council of the City
7 of Vernon at a regular meeting of the City Council duly held on
8 Wednesday, January 18, 2006, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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11 BRWV. MALKENHORST, JR.
12 Acting City Clerk
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(SEAL)
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3 -
SUPPORTING
DOCUMENTS
BELL, McANDREWS & HILTACHK, LLP
Attorneys and Counselors at Law
1441 FOURTH STREET
SANTA MONICA CA 90401
CHARLES H. BELL, JR.
COLLEEN C. McANDREWS
THOMAS W. HILTACHK
JIM IIE E. JOHNSON
ASHLEE N. TITUS
PAUL T. GOUGH
OF COUNSEL
City of Vernon
c/o Jeff Harrison, Esq.
Legal Counsel for the City of Vernon
900 Wilshire Blvd., Ste. 530
Los Angeles, CA 90017
RE: Advice on City Election
Dear Mr. Harrison:
(310)458-1405
FAX (310) 260-2666
January 18, 2006
455 CAPITOL MALL, SUITE 801
SACRAMENTO CA 95814
(916)442-7757
FAX (916) 442-7759
This is to confirm our agreement that Bell, McAndrews & Hiltachk, LLP has been
engaged to provide legal services to the City of Vernon relating to the upcoming Vernon
municipal election, and other such matters as you may refer to us from time to time.
All services will be billed at the current hourly rates of Charles H. Bell, Jr., Colleen C.
McAndrews, Thomas W. Hiltachk, and Paul Gough, Of Counsel to the firm, which are $375.00
per hour each. Associates will be billed at $200.00 to $250.00 per hour depending on
experience. We may also use paralegal or other support staff in the course of this engagement
with hourly rates ranging from $75.00 to $100.00 per hour. The fee will be based upon the
number of hours billed multiplied by the hourly rates of the personnel involved. Fees and
necessary costs as set forth on the attached Billing Policy Statement will be itemized on a
monthly invoice. You have agreed that our invoice will be paid promptly upon receipt.
We have agreed that you will provide Bell, McAndrews & Hiltachk, LLP with a retainer
of $7,500 to be held in our client trust account to the end of the engagement at which time it will
be applied to the final bill and any unused portion will be returned. If additional work is
requested or required we may request an additional advance or advances appropriate to the
amount of work anticipated.
As we discussed, it is important to understand that our law firm represents many clients
who participate in the governmental and political process primarily in California but also
Billing Policy Statement
This statement summarizes the billing policies and practices of Bell, McAndrews & Hiltachk,
LLP. One aspect of a mutually beneficial attorney -client relationship is a clear understanding about fees,
expenses, billing format, and timely payment. If at any time you have a question about a specific bill or a
billing policy or practice, please contact us to discuss the matter so that we can continue to maintain our
strong client relationship.
Fees for Professional Services
Generally, Bell, McAndrews & Hiltachk, LLP provides legal services on an hourly billing basis.
Thus, fees are calculated by multiplying the number of hours devoted to the client's legal matters during
a calendar month by the hourly rate of the attorneys providing the service. The current hourly rates of
Bell, McAndrews & Hiltachk, LLP attorneys are set forth in the client engagement letter. These rates are
based upon the skill and experience of the personnel rendering the services. We reserve the right to
adjust our hourly billing rates at any time upon written notice to the client.
In some circumstances, it may be fairer and more equitable to all Bell, McAndrews & Hiltachk,
LLP clients to bill clients for the development of a legal opinion or analysis based on its value rather than
the time spent. We reserve the right to bill on this basis when appropriate, and we will discuss this
option with the client when we believe this is appropriate, and before doing so. Some clients are better
served by retainer agreements or project fees. Such arrangements will be specifically set forth in the
client engagement letter.
It is the policy of Bell, McAndrews & Hiltachk, LLP to obtain a non-refundable advance
payment before commencing work for any new client in an amount to be determined and set forth in the
client engagement letter. We also reserve the right to request advance payments before undertaking
special projects for existing clients at any time.
2. Payment of Expenses
Bell, McAndrews & Hiltachk, LLP invoices may include reimbursement for costs advanced on
the client's behalf. We may request advance payment for large costs before they are incurred. Typical
expenses include postage, telephone charges, photocopying charges, facsimile charges, travel and
necessary meals, local delivery charges, Legitech or West Law computer research. For clients that we
prepare campaign or lobby reports, we will also charge for a portion of our firm's annual license fee for
the use of campaign reporting software which is necessary to prepare and electronically file such reports
as required by law. Bell, McAndrews & Hiltachk, LLP will use our best efforts to minimize costs
without jeopardizing client service. Photocopies will be billed at $0.25 per page. Facsimile
transmissions will be billed at $1.00 per page, incoming and outgoing.
3. Payment of Invoices
All invoices are due and payable immediately upon receipt. In order to reduce overhead
expenses and maintain current hourly billing rates, your current payment of Bell, McAndrews &
Hiltachk, LLP invoices for legal fees and expenses is imperative.
We will temporarily suspend work on any client's legal matters if an invoice becomes more than
30 days delinquent from date of billing. We will terminate the attorney -client relationship if a pattern of
late payment or non-payment develops.
If you have any questions about our billing policy statement, please call us.
January 18, 2006
Letter to Jeff Harrison, Esq.
January 18, 2006
Page 2
nationwide. By signing this letter, you acknowledge that we have discussed this matter with you
and you confirm that you do not object to our representation of clients whose general political or
governmental objectives and philosophies may be contrary to yours. You also confirm that you
do not object to our providing political law compliance advice to any such clients and/or assisting
them in preparing disclosure forms required under federal, state, or local laws.
Needless to say, this general acknowledgment does not permit our law firm, without your
written consent, to accept representation of another client in direct opposition to the specific
project for which you have engaged us.
Please review the attached Billing Policy Statement, which constitutes part of our
agreement. If the terms of the agreement are acceptable, please sign the agreement below and
return the original to us along with your advance. payment of $ 7,500.00. Keep a copy of the
agreement for your files.
Because an important aspect of client service is communication, please contact us if you
do not understand or agree with any billing. We will be glad to explain or correct any bill if
appropriate.
We look forward to providing the best possible legal service.
CCM:ab
Enclosure
Accepted and Agreed:
CITY OF VERNON
Esq.
w
Dated: '10/00
Very truly yours,
Am— C - * ct*�
Colleen C. McAndrews