Resolution No. 91531
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RESOLUTION NO. 9153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. TWO TO ATTORNEY -CLIENT CONTRACT BY
AND BETWEEN THE CITY OF VERNON AND REVERE & WALLACE
WHEREAS, on August 4, 2004, the City Council of the City of
Vernon adopted Resolution No. 8509 approving an Attorney -Client
Contract (the "Contract") with Revere & Wallace ("Revere") for legal
services regarding public benefits resource projects and other
services; and
WHEREAS, on December 15, 2004, the City Council of the City
of Vernon adopted Resolution No. 8624 approving an Amendment No. One
to the Contract to modify the hourly rate for Partners; and
WHEREAS, the City and Revere desire to amend the Contract to
provide for a contingency -fee arrangement only with regard to the
prosecution of a lawsuit with Peggy Marie Hamlin, Case No. 06 C00608;
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 amendment to the Contract with Revere.
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.
I SECTION 2: The City Council of the City of Vernon hereby
2 approves the Amendment No. Two to Attorney -Client Contract with Revere,
3 in substantially the same form as the copy which is attached hereto as
4 Exhibit A and incorporated by reference.
5 SECTION 3: The City Council of the City of Vernon hereby
6 authorizes the Mayor to execute said Amendment for, and on behalf of,
7 the City of Vernon and the City Clerk is hereby authorized to attest
8 thereto.
9 SECTION 4: The City Council of the City of Vernon hereby
10 authorizes the Acting City Clerk, or his designee, to make whatever
11 nonsubstantive, administrative and/or text changes, upon advice of
12 counsel, to the Amendment.
13 SECTION 5: The City Council of the City of Vernon hereby
14 directs the Acting City Clerk, or his designee, to transmit an
15 executed Amendment to the following:
16 Revere & Wallace
Attn. Frank Revere, Esq.
17 900 Wilshire Blvd., Suite 730
18 Los Angeles, CA 90017-4708
19 SECTION 6: The Acting City Clerk of the City of Vernon
20 shall certify to the passage of this resolution, and thereupon and
21 thereafter the same shall be in full force and effect.
22 APPROVED AND ADOPTED this 18th day of October, 2006.
23 ,
24
LEONIS C. MA URG, Mayor
25 ATTEST: i
26
BRUCE V. M L NHORST,JR.
27 Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9153, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, October 18, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V.LAALKENHORST, JR.
Acting City Clerk
(SEAL)
- 3 -
EXHIBIT A
AMENDMENT NO. TWO
TO ATTORNEY -CLIENT CONTRACT
This Amendment No. Two to the Attorney -Client Contract is made, entered into and
executed in duplicate originals, either of which may be considered and used as the original
hereof for all purposes, as of this day of October, 2006 by and between the CITY OF
VERNON (the "City") and REVERE & WALLACE, LAWYERS (the "Firm").
RECITALS
WHEREAS, the City has retained the Firm to provide it with various legal services
since August 2004; and
WHEREAS, the City and the Firm are parties to an Attorney -Client Contract that was
entered into on or about August 11, 2004; and
WHEREAS, the Attorney -Client Contract incorporates a Rate Schedule which was
thereafter amended in 2004 to provide a different hourly rate for Partners; and
WHEREAS, the amended Rate Schedule has been referred to by the City as
Amendment No. One to the Attorney -Client Contract of August 11, 2004; and
WHEREAS, the City and the Firm desire to again amend the Attorney -Client contract
to provide for a contingency -fee arrangement only with regard to the matter of the subrogation
litigation between the City and Peggy Marie Hamlin, filed in the Superior Court of California,
County of Los Angeles, case no. 06 C00608 (the "Hamlin Litigation"), in which the City seeks
recovery of $17,827.97 representing workers' compensation benefits paid to Stephen Agon, a
member of the City's Fire Department injured on May 24, 2004 on Ms. Hamlin's premises.
Page 1
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND
THESE MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Firm shall be paid a one-third contingent fee (33113%) of any recovery
obtained in the prosecution of the Hamlin Litigation, plus court costs after giving the City
credit for all sums heretofore paid as attorneys' fees and court costs as to this matter.
2. In all other respects, the terms and conditions of the Attorney -Client Contract
and Amendment No. One thereto are hereby adopted, agreed to, confirmed and renewed in
their entirety.
IN WITNESS WHEREOF, the City and the Firm have executed this Amendment as of
the date first hereinabove set forth.
ATTEST:
Bruce V. Malkenhorst, Jr., Acting City Clerk
APPROVED AS TO FORM:
Eric T. Fresch, City Attorney
CITY OF VERNON
Its Mayor, or an Officer authorized by
Resolution
REVERE & WALLACE
Frank Revere
Page 2
AGREEMENT NOT
RECEIVED - LEGAL
DOES NOT HAVE A
COPY ON FILE
AGREEMENT NOT
RECEIVED - LEGAL
DOES NOT HAVE A
COPY ON FILE
AGREEMENT NOT
RECEIVED - LEGAL
DOES NOT HAVE A
COPY ON FILE
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
January 13, 2008
Via Fax and U.S. Mail
Frank Revere, Esq.
Revere & Wallace
900 Wilshire Blvd., Ste. 1440
Los Angeles, CA 90017-4708
Fax No. (213) 239-9911
Re: Notice of Termination
Dear Frank:
In furtherance of the City's organizational restructuring objectives
during the current financial climate, the City Council of the -City of
Vernon adopted Resolution No. 9822 terminating all agreements with Revere
& Wallace, a copy of which is enclosed.
This letter is to serve as written notice of termination of all agreements
effective immediately, and instruction to cease providing any services as
of January 13, 2009. Please turn over all client files to me within the
next ten (10) business days. Thank you for all of your work on behalf of
the City.
If you have any questions, please contact me.
Very tru y yours,
J A Harrison
A torney
JH jl
Enclosure
cc: Nel=1y 81ibn (w/o Encl.) (Resolution No. 9822)
Excfusivefy Industriaf
Amendment No. Two to Attorney -Client Contract Page 1 of 2
Romero, Debbie
From: Lehr, Judy
Sent: Wednesday, September 03, 2008 4:37 PM
To: 'Frank Revere'
Cc: Harrison, Jeff; Romero, Debbie; Giron, Nelly
Subject: RE: Amendment No. Two to Attorney -Client Contract
Attachments: Revere Amendment 2.pdf
Frank,
Unfortunately, the City is unable to locate the originally signed amendments. I'd appreciate it if you would execute
two original amendments again and transmit to me. Once the City has signed, one original will be returned to
you. For your convenience, I've attached a modified Amendment reflecting a current date of execution and the
current City signature block. If you have any questions, please contact me. Thank you for your patience.
From: Frank Revere [mailto:frevere@reverewallace.com]
Sent: Tuesday, August 26, 2008 4:44 PM
To: Lehr, Judy
Cc: Harrison, Jeff
Subject: Amendment No. Two to Attorney -Client Contract
RE: AMENDMENT NO. TWO TO ATTORNEY -CLIENT CONTRACT
Dear Ms. Lehr:
We were not favored with a completely executed copy. I attach the copy I executed
during October, 2006.
Please let me know what action should be taken.
Regards,
9/3/2008
Amendment No. Two to Attorney -Client Contract
Page 2 of 2
FRANK REVERE
From: Lehr, Judy [mailto:JLehr@ci.vernon.ca.us]
Sent: Tuesday, August 26, 2008 4:15 PM
To: frevere@reverewallace.com
Cc: Harrison, Jeff
Subject: Amendment No. Two to Attorney -Client Contract
Frank,
The City Clerk doesn't have a signed original of the Amendment No. Two to the Attorney Client Contract that was
approved by Resolution No. 9153 on October 18, 2006. Do you have a signed original in your file?
Judy Lehr
City Attorney Dept, City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Work. (323) 583-8811 x 368
Fax. (323) 826-1438
9/3/2008
AMENDMENT NO. TWO
TO ATTORNEY -CLIENT CONTRACT
This Amendment No. Two to the Attorney -Client Contract is made, entered into and
executed in duplicate originals, either of which may be considered and. used as the original
hereof for all purposes, as of this day of October, 2006 by and between the CITY OF
VERNON (the "City") and REVERE & WALLACE, LAWYERS (the "Finn").
RECITALS
WHEREAS, the City has retained the Firm to provide it with various legal services
since August 2004; and
WHEREAS, the City and the Finn are parties to an Attorney -Client Contract that was
entered into on or about August 11, 2004; and
WHEREAS, the Attorney -Client Contract incorporates a Rate Schedule which was
thereafter amended in 2004 to provide a different hourly rate for Partners; and
WHEREAS, the amended Rate Schedule has been referred to by the City as
Amendment No. One to the Attorney -Client Contract of August 11, 2004; and
WHEREAS, the City and the Firm desire to again amend the Attorney -Client contract
to provide for a contingency -fee arrangement only with regard to the matter of the subrogation
litigation between the City and Peggy Marie Hannlin, filed in the Superior Court of California,
County of Los Angeles, case no. 06 C00608 (the "Hannlin Litigation"), in which the City seeks
recovery of $17,827.97 representing workers' compensation benefits paid to Stephen Agon, a
member of the City's Fire Department injured on May 24, 2004 on Ms. Hannlin's prernises.
Page 1
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND
THESE MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
l . The Finn shall be paid a one-third contingent fee (33113%) of any recovery
obtained in the prosecution of the Hamlin Litigation, plus court costs after giving the City
credit for all stuns heretofore paid as attorneys' fees and court costs as to this platter.
2. In all other respects, the terms and conditions of the Attorney -Client Contract
and Arendment No. One thereto are hereby adopted, agreed to, confirmed and renewed in
their entirety.
IN WITNESS WHEREOF, the City and the Finn have executed this Amendment as of
the date first hereinabove set forth.
ATTEST:
Bruce V. Malkenhorst, Jr., Acting City Clerk
CITY OF VERNON
Its Mayor, or an Officer authorized by
Resolution
REVERE WALLACE
Frank Revere
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