Loading...
Resolution No. 94991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9499 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 TROY & GOULD PC FOR LEGAL SERVICES WHEREAS, on November 26, 2002, the Finance Committee recommended that the City Council approve a letter agreement with Troy & Gould ("Troy") for professional services and the City Council on December 4, 2002 approved the minute order; and WHEREAS, Troy and the City desire to modify the existing letter agreement to provide the terms and conditions under which Troy will provide services to the City on all matters on which the City requests advice, including but not limited to real estate negotiation and advice, litigation, contract analysis and negotiation, legal interpretations, Vernon Code revisions and such other matters as may be requested from time to time. 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 Troy, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Letter Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed copy of the Agreement to: Troy & Gould PC Attn. Sandra Slon 1801 Century Park East, Suite 1600 Los Angeles, CA 90067-2367 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 17th day of December, 2007. A' TEST I NUELA GIRON, City Clerk Name: Leonis C. Malburg Title: Mayor - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9499, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, December 17, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) x"- MXNUELA GIR ity Clerk - 3 - IMIN Sof TROY & GOULD PC TroyGould ATTORNEYS Sandra Sion • (310) 789-1392 • sslon@troygould.com December 5, 2007 Mr. Jeff Harrison City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Re: Legal Representation Dear Jeff: 1801 Century Park East, Suite 1600 Los Angeles, California 90067-2367 Tel (310) 553-4441 Fax (310) 201-4746 www.troygould.com File No. 1910-1 This letter, which is required by California law and our firm policy, describes the basis on which our firm will continue to provide legal services to the City of Vernon and how we will be compensated for our services on all matters with respect to which you retain us, in the absence of a separate written agreement with you covering our fees on other specialized matters. Please be assured that we will do our utmost to serve you effectively. We cannot guarantee the success of any given venture but will strive to represent the City's interests professionally and efficiently. If at any time you have any questions or concerns, please contact us at once. Scope of Work. We will represent you in connection with all matters on which you request our advice, including real estate negotiation and advice, litigation, contract analysis and negotiation, legal interpretations, Vernon Code revisions, and such other matters as may be requested from time to time. Fees, Costs, Disbursements and Statements. Our fees will be the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants performing the work. Our hourly rates currently range from $150 to $550 per hour. The matter will be handled primarily by me and my hourly rate is $435. We adjust our hourly rates periodically, usually each January, to reflect the advancing experience, capabilities and seniority of our professionals and legal assistants, as well as general economic factors. Each month we will present to you for payment our statement for services rendered during the prior month and previously unbilled costs and disbursements. All invoices are payable within 30 days of receipt by you. Disbursements represent out-of-pocket payments by our firm on your behalf and may include such items as messenger services, long distance telephone charges, photocopies, faxes, and computerized legal research. No Guarantee of Outcome. We do not and cannot guarantee any outcome in a matter. 01910/0001 166345.1 TroyGould ATTORNEYS Mr. Jeff Harrison December 5, 2007 Page 2 File Retention. It is our general policy to retain a client's legal files for five years. After that time, you agree that we may destroy those files without notice to you unless you otherwise advise us in writing. Termination. You may terminate our representation at any time. Subject to fulfilling our professional responsibilities, we reserve the right to withdraw as your counsel at any time. Notwithstanding such termination or withdrawal, you shall remain obligated to pay fees, costs, and disbursements previously incurred. If you request that we transfer possession of your file to you or to a third party, such request shall be in writing, and you or the third party shall acknowledge receipt of the file in writing. You agree that we are authorized to retain a copy of the file for our use at your expense. Date of Termination. Our representation of you will be considered terminated at the earlier of (i) your termination of our representation, (ii) our withdrawal from our representation of you, or (iii) the substantial completion of our substantive work for you. Once we have completed rendition of our services on a particular matter, we are no longer responsible to inform or advise you as to changes in the law or interpretations of the law that might impact on our advice (or the documents that we have delivered to you). In addition, we cannot assume responsibility to remind you in the future of filings or obligations required by contract or by law or necessary to protect your interests (such as a UCC continuation statement). Arbitration. In the event of a dispute between you and us regarding fees and/or costs, the dispute may be arbitrated pursuant to California Business and Professions Code Section 6200 et seq. Any other dispute related to or arising out of our engagement by you, or your or our performance of this agreement, including without limitation any claim for breach of contract, professional negligence, or breach of fiduciary duty shall be determined, settled and resolved by confidential arbitration in Los Angeles, California. Any and all questions as to whether or not an issue constitutes a dispute or other matter arbitrable under this section shall themselves be settled by arbitration in accordance with this section. The arbitration shall be conducted pursuant to the procedures set forth in the California Code of Civil Procedure Section 1280 et seq. Section 1283.05 thereof authorizing discovery is applicable to any such arbitration. Any award shall be final, binding and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. By signing this Agreement, you confirm that you have read and understand this provision, and voluntarily agree to binding arbitration. In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Miscellaneous. This constitutes the entire understanding between you and our firm regarding our engagement. By executing this agreement you acknowledge that you have read carefully and understand all of its terms. The agreement cannot be modified except by further written agreement signed by each party. 01910/0001 166345.1 TroyGould ATTORNEYS Mr. Jeff Harrison December 5, 2007 Page 3 If you have any questions about the foregoing, please call me. Moreover, please feel free to obtain independent legal advice regarding this agreement. By utilizing our services, you acknowledge and accept the terms and conditions set forth in this letter. However, we would also appreciate it if you confirm your acceptance by executing the enclosed copy of this letter and returning it to me. Very truly yours, Sandra S on S S/gmd AGREED: The City of Vernon R-M Attest: im Leonis C. Malburg, Mayor Manuela Giron, City Clerk Approved as to Form: LO Jeff A. Harrison, City Attorney 01910/0001 166345.1 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 January 2, 2008 Ms. Sandra Slon Troy & Gould PC 1801 Century Park East, Suite 1600 Los Angeles, CA 90067-2367 Re: Letter Agreement for Legal Services Dear Ms. Slon: Transmitted herewith is a signed copy of the above -referenced letter, approved by City Council on December 17, 2007, through Resolution No. 9499. If you have any questions regarding this matter, please call Mr. Jeff Harrison, at (323) 583-8811 ext. 173. (Very truly yours, ^L _ /! tl Aely Gir n City Clerk NG:dr c: Resolution No. 9499 Agreement File No. 07-142 EVAsivefy Industfid TroyGould ATTORNEYS Sandra Sion a (310) 789-1392 • sslon@troygould.com December 5, 2007 Mr. Jeff Harrison City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Re: Legal Representation Dear Jeff: TROY & GOULD PC 1801 Century Park East, Suite 1600 Los Angeles, California 90067-2367 Tel (310) 553-4441 Fox (310) 201-4746 www.troygould.com File No. 1910-1 This letter, which is required by California law and our firm policy, describes the basis on which our firm will continue to provide legal services to the City of Vernon and how we will be compensated for our services on all matters with respect to which you retain us, in the absence of a separate written agreement with you covering our fees on other specialized matters. Please be assured that we will do our utmost to serve you effectively. We cannot guarantee: the success of any given venture but will strive to represent the City's interests professionally and efficiently. If at any time you have any questions or concerns, please contact us at once. Scope of Work. We will represent you in connection with all matters on which you request our advice, including real estate negotiation and advice, litigation, contract analysis and negotiation, legal interpretations, Vernon Code revisions, and such other matters as may be requested from time to time. Fees, Costs, Disbursements and Statements. Our fees will be the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants performing the worn{. Our hourly rates currently range from $150 to $550 per hour. The matter will be handled primarily by me and my hourly rate is $435. We adjust our hourly rates periodically, usually each January, to reflect the advancing experience, capabilities and seniority of our professionals and legal assistants, as well as general economic factors. Each month we will present to you for payment our statement for services rendered during the prior month and previously unbilled costs and disbursements. All invoices are payable within 30 days of receipt by you. Disbursements represent out-of-pocketpayments by our firm on your behalf and may include such items as messenger services, long distance telephone charges, photocopies, faxes, and computerized legal research. No Guarantee of Outcome. We do not and cannot guarantee any outcome in a matter. 01910/0001 166345.1 Gli TroyGould ATTORNEYS Mr. Jeff Harrison December 5, 2007 Page 2 File Retention. It is our general policy to retain a client's legal files for five years. After that time, you agree that we may destroy those files without notice to you unless you otherwise advise us in writing. Termination. You may terminate our representation at any time. Subject to fulfilling our professional responsibilities, we reserve the right to withdraw as your counsel at any time. Notwithstanding such termination or withdrawal, you shall remain obligated to pay fees, costs, and disbursements previously incurred. If you request that we transfer possession of your file to you or to a third party, such request shall be in writing, and you or the third party shall acknowledge receipt of the file in writing. You agree that we are authorized to retain a copy of the file for our use at your expense. Date of Termination. Our representation of you will be considered terminated at the earlier of (i) your termination of our representation, (ii) our withdrawal from our representation of you, or (iii) the substantial completion of our substantive work for you. Once we have completed rendition of our services on a particular matter, we are no longer responsible to inform or advise you as to changes in the law or interpretations of the law that might impact on our advice (or the documents that we have delivered to you). In addition, we cannot assume responsibility to remind you in the future of filings or obligations required by contract or by law or necessary to protect your interests (such as a UCC continuation statement). Arbitration. In the event of a dispute between you and us regarding fees and/or costs, the dispute may be arbitrated pursuant to California Business and Professions Code Section 6200 et seq. Any other dispute related to or arising out of our engagement by you, or your or our perfonnance of this agreement, including without limitation any claim for breach of contract, professional negligence, or breach of fiduciary duty shall be determined, settled and resolved by confidential arbitration in Los Angeles, California. Any and all questions as to whether or not an issue constitutes a dispute or other matter arbitrable under this section shall themselves be settled by arbitration in -accordance with this .section. The arbitration shall be conducted pursuant to the procedures set forth in the California Code of Civil Procedure Section 1280 et seq. Section 1283.05 thereof authorizing discovery is applicable to any such arbitration. Any award shall be final, binding and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. By signing this Agreement, you confirm that you have read and understand this provision, and voluntarily agree to binding arbitration. In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Miscellaneous. This constitutes the entire understanding between you and our firm regarding our engagement. By executing this agreement you acknowledge that you have read carefully and understand all of its terms. The agreement cannot be modified except by further written agreement signed by each party. 01910/0001 166345.1 TroyGould ATTORNEYS- 71'j� Mr. `Jeff Harrison December 5, 2007 Page 3 If you have any questions about the foregoing, please call me. Moreover, please feel free to obtain independent legal advice regarding this agreement. By utilizing our services, you aclulowledge and accept the terms and conditions set forth in this letter. However, we would also appreciate it if you confirm your acceptance by executing the enclosed copy of this letter and returning it to me. Very truly yours, Sandra S on SS/gmd AGREED: The City of Vernon By: Leo nis C. Malburg, Mayor Attest: By: Manuela Giron, City Clerk Approved as to F City_ Attorney 019 l0/0001 166345.1 4305 Santa Fe Avenue, Vernon, California'90058 Telephone (323) 583-8811 September;23, 2009 Mr. Russell Glazer Tray Gould 180`1 Century Park East Suite 1600 Los Angeles, California 90067-2367 Re Transition of Litigation and Other Matters; Request for. Transfer of Files Dear Mr. Glazer: As you are aware, the City of Vernon, the Vernon Redevelopment Agency, and the Vernon Industrial Development Authority (collectively referred to as "City below) have determined that- Richards, Watson & Gershon ("RWG") will serve as City Attorney as of July 13, 2009. Laurence S. Wiener has been appointed City Attorney. The City desires to transition ongoing litigation and all other matters from your firm to RWG. Laurence Wiener and Bob Ceecon of RWG are authorized to speak for the City with respect to the transition of litigation matters from your firm to RWG The City requests that you coordinate with RWG to make the transition as efficient as possible. Please release to RWG all of the City's files currently being maintained by your firm in the form and order requested by RWG. Upon receipt of the files, RWG will acknowledge such receipt in writing. Please send copies of future invoices covering time billed by your firm to Mr. Wiener for his review. To assist with the transition, please prepare an exit memo to me, with a copy to Mr. Wiener, detailing the status of any assignments being handled by any attorney of your firm that are in progress or otherwise incomplete as of this date, The -City appreciates the services your attorneys have provided to us and we wish you well in the future. 'Thank you for your courtesy and cooperation as we accomplish this transition. 12720-0001\1175352v1.doc E (c(usivefy Industfi ( Mr. Russell Glazer September 23, 2009 Page 2 For your information, enclosed please finda copy of an earlier letter provided to Ms. Sloan of your office, Pursuant to that letter, I believe that all real estate matters have now been transferred to RWG. If you have any further questions regarding these issues, please do not hesitate to contact me at (323) 583-8811. Sincerely yours, Donal O'Callaghan City Administrator DO;rmt CC; Laurence S. Wiener, City Attorney Nelly Giron, City Clerk' Jeff Harrison, Assistant City Attorney I`: 12720-0001AI 1753520,doc