Resolution No. 09957 F
1 RESOLUTION NO. 9957
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
4 LEGAL SERVICES AGREEMENT BY AND. BETWEEN THE CITY OF
VERNON AND BRADLEY & GMELICH
5
6 WHEREAS, the City of Vernon desires to retain the legal
7 services of a firm to assist in a lawsuit filed by Gina R. Torres
8 under the-Fair Labor Standards Act (collectively, the "Legal
9 Services"); and
10 WHEREAS, the City staff have determined that Bradley &
11 Gmelich ("Bradley") possesses the knowledge and expertise to furnish
12 the Legal Services required by the City; and.
13 WHEREAS, because of the unique Nature of the litigation and
14 the shortened time period to respond to the lawsuit, the City Attorney
15 executed a retainer agreement with Bradley dated April 29, 2009 and
16 submitted the necessary $10,.000.00 deposit, subject to ratification by
17 the City Council; acid
18 WHEREAS, the City Council of the. City of Vernon has
19 determined that, pursuant to the provisions of subsection (a) of
20 Section 2.27 of the Vernon City Code, it`is in the public interest and
21 necessity to enter into an agreement with Bradley setting forth the
22 terms and conditions for the performance of the Legal Services.
23 NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF-THE
24 CITY OF VERNON AS FOLLOWS:
25 SECTION 1: The City Council of the City of Vernon-hereby
26 .finds and determines that the recitals .contained hereinabove are true
27 and correct.
28 SECTION 2: The City Council of the City of Vernon hereby
1 approves and ratifies the City Attorney's execution of the Legal
2 Services Agreement with Bradley dated April 29, 2009, a copy of which
3 is attached hereto as Exhibit A and incorporated by reference.
4 SECTION 3: The City Council of the City of Vernon hereby
5 approves and ratifies the payment of $10,000.00 to Bradley as a
6 deposit for the Legal Services to be provided.
7 SECTION 4: The City .Clerk of the-City of Vernon shall
8 certify to the passage of this resolution, and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 11th day of May, 2009.
11 ,~1/ F ` ,
12
Hilario Gonzales
13 Name:
14 Title: Mayor / 1 r Pro-T~
15 AT-.EST:
16
-L---
17 ANUELA GIRO ity Clerk
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1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolunion No. 9957, was
6 duly adopted by-the. City Council of the City of Vernon at a regular
'7 meeting of the City Council duly held on Monday, May 11, 2009, and
• g thereafter. was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
10
11 1,.,,.
MANUELA G -ON, ity Clerk
12
(SEAL)
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EXHIBIT A
+~ry c®,~~
~R.,P~DLE~ ~1ViELICH
. Lawyers
700 N. Brand Boulevard, 10~` Floor
Barry A. Bradley Glendale, CahfOrnla 91203 Northern California Office
Thomas P. Gmelich Telephone (818) 243-5200 2033 Gateway Place, 5'h Floor
Lena J. Marderosian FaCSlmile (818) 243-5266 San Jose, Califomia 95110
Jonathan A. Ross Telephone (408) 573-6267
Gary J. Bradley Facsimile (408) 437-1201
F~,_,„___~ www.bglawyers.com
Robert A. Crook
John K. Flock
Lindy M. Fried
Mark I. Melo
Arnold S. Levine
Shirley R. Sullinger
Kathryn Canale
G. Dean Guerrero
Jaimee K: Wellerstein
Robert Mills
James N. Kahn
Apri129, 2009
Via E
Mail Only
Jeffrey A. Harrison, Esq.
City Attorney
City of Vernon
4305 Santa Fe Ave
Vernon, California 90058
Re: Leal Services Agreement
Gina R. Torres a City of Vernon et al. (FLSA Class Action)
United States District Court Case No. CV09-02684-SVW
Dear Mr. Harrison:
On behalf of Bradley & Gmelich, I want to thank you for retaining our law firm for the
purpose of representing the City of Vernon in the lawsuit filed by Gina R. Torres, and all others
similarly situated, as a collective action under the Fair Labor Standards Act. We know that you-
have a choice in counsel and we appreciate your giving us this opportunity to assist the City of
Vernon with its -legal needs. We will endeavor to serve you using all of our firm's resources and
experience. Our initial role will be to appear on your behalf in the above-referenced lawsuit.
We have also been asked to provide counseling regarding various employment-related matters.
In the event we represent the City of Vernon in other matters, or appear on-its behalf in
any court or administrative proceeding,. we will likely prepare a separate legal services
agreement. If not, it is agreed that all future work performed will be governed by this agreement.
In an effort to comply with California State Bar Rules of Conduct for attorneys, we feel it
necessary that we enter into retainer agreements with all of our clients. The purpose of this letter
Jeffrey A. Harrison, Esq. $RADLEY GMELICH
Re: Leal Services'Agreement
Date.: April 29, 2009.
Page 2
is to confirm some of our financial arrangements with regard to the services provided for this
case. Note that the terms "you" or "your" as used herein shall refer to the City of Vernon.
1. FEES: Our charges for legal services are based on the hourly rates of lawyers and other
professionals. Professional time is billed in increments of 1/10th of an hour. We have agreed
to provide you with reduced hourly rates as follows: Partners: $300.00 per hour; Associates:
$250.00 per hour; Law clerks: $90.00 per hour; Paralegals: $85.00 per hour. As set forth in
paragraph 5, below, we will require a $10,000 deposit into. our. client trust account, which will be
refundable to the extent-set forth in this letter.
2. RATES AND ADJUSTMENTS. We review and adjust these billing rates periodically,.
and the applicable hourly billing rates are those in effect at the time that the services are
performed. We will, of course, notify you of any changes in advance and receive your
concurrence. Because we recognize the high cost of legal services, it is our goal- that all matters
on behalf of our clients be handled as expeditiously and cost-effectively as possible.
Accordingly, if we find it is possible. and appropriate to do so, in order to obtain appropriate
expertise for the-matter or as a technique to keep costs down, we may use attorneys and paralegal
personnel in the Firm of the lowest: billing rate consistent with the expertise required for the
project. While we will take all prudent steps to minimize the number of attorneys who perform
services on your behalf, we will charge for attorney conferences and supervision where
appropriate and where necessary to ensure that the work is done properly and thoroughly by
personnel with lower hourly billing rates. You will always be able to contact a partner who will
have a full working knowledge of your case. We also reserve the right to associate in counsel if
we believe it is in your best interest to do so.
3: COSTS AND EXPENSES. In the course of this representation, we may incur certain
costs and expenses on your behalf. We -will obtain your consent.before incurring any cost in
excess of $500. Bills we receive which are in excess of. $250 ordinarily will be forwarded to you
for direct payment to the service provider. The costs and expenses that we will bill you for
include, but are not limited to, process servers' fees, fees fixed by law or assessed by courts or
other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery
fees; postage, parking, investigation expenses, consultants' fees, computer research services,
expert witness fees, telecopies, in-office photocopying at $0.25 per page, mileage at prevailing
IRS rates, and other. similar- items: These charges will appear on your monthly statement and you
are responsible for prompt monthly payment. It is expected that our clients keep their accounts
current. The costs are ultimately your responsibility. .
4. MONTHLY .STATEMENTS: Statements for our services rendered and costs advanced
are typically submitted monthly and are due upon receipt. However, we reserve the right to
submit statements weekly based on any actual or reasonably anticipated shortfall of the Deposit
(as described below in paragraph 5). Such weekly statements maybe transmitted via facsimile
or electronic mail and are due on receipt. We also reserve the right to charge interest at the rate
Jeffrey A. Harrison, Esq. $RADLEY GMELICH
Re: Legal Services A~reemer:t
Date: Apri129, 2009
Page 3
often percent-per annum on the unpaid balance, compounded annually, on any sums -not paid
within 30 days of the initial billing date. The monthly statements will be submitted directly to
your attention. We expect our clients to keep their accounts current at all times.
If you dispute. the costs or fees billed on any statement or any portion of a statement; you
must; within 30 days of receipt of that statement, advise us in writing, identifying each entry you
dispute and the nature of that dispute. If you do not do so within 30 days, we will assume that
you do not dispute the costs and fees on that statement and you expressly waive any right to
contest that statement or any portion of that statement at a later time. Regardless of any such
disputes, all statements, whether issued monthly. or weekly, must be paid in full upon receipt
without any set off or reduction for disputed amounts.
5. DEPOSIT. It is the practice of our firm in matters of this nature to require a deposit prior
to the commencement of legal services requested. Based on the limited nature of our initial
services and the fact that the City of Vernon is a government entity, we have :agreed to
significantly reduce our usual deposit requirement. Accordingly, we will require a refundable
deposit of $10,000.00, to be placed directly into the firm's client trust. account.
No disbursements will be taken from the trust account unless any outstanding fees or
costs that were- invoiced to the City of Vernon on a monthly basis are due beyond 30 days from
- the date of our monthly'invoices. In such cases, we will deduct the amount owed from the trust
account.and make disbursements. directly into our firm's general account for services rendered
and costs. incurred. Any disbursements will be reflected in the monthly invoices. If the monies
. deposited into the trust account are used, the City of Vernon agrees to immediately deposit
sufficient. funds to bring the balance back up to the $10,000.00 originally deposited.
Please understand that the-firm has no obligation to perform any legal services or expend
any money on the City of Vernon's behalf when there insufficient funds in the trust account to
cover the amount thereof. Any unused deposit at the conclusion of our legal services will be
refunded to you. Should we be engaged to perform a significant amount of services in a limited
time or should we appear as attorneys of record in any legal or administrative-proceeding, we
- reserve the right to require an increase in the deposit.
6, GENERAL RESPONSIBILITIES OF ATTORNEY AND CLIENT. We will provide
services of a strictly legal nature of the type generally described above and we shall take
reasonable steps to keep you informed of the progress and to respond to your inquiries.
You will provide us with such factual information and materials as we require to perform
the foregoing services, and you will make such business or technical decisions and
.determinations as are appropriate. It is understood that you are not relying on us for business,
investment or accounting- decisions or to investigate the character or credit of persons with whom
you maybe dealing.
Jeffrey A. Harrison, Esq. $RADLEY GMELICH
Re: Leal Services Agreement
Date: Apri129, 2009
Page 4
7. DISCLAIMER OF RESULT GUARANTEE. This fee agreement is not contingent upon
the ultimate outcome of your legal needs, as sometimes. the- final result of a legal matter is not in
accordance with a client's hopes and expectations. Nothing in this agreementand nothing in our
statements to you will be construed as a promise or guarantee about the outcome of your legal
matter. -We make no such. promises or guarantees. Our comments about the outcome of your
matter, if any, are mere expressions of opinion only.
8. DISCHARGE AND WITHDRAWAL. You may discharge us at any time for. any reason.
Likewise, it is understood that we may terminate our legal services and withdraw from this
engagement with your consent or for good cause. Good cause includes any breach of this
agreement, failure to pay our fees, trust account deposit, and other charges promptly, refusal to
cooperate with. us or to follow our advice on a material matter or any other factor circumstance
that would render our continuing representation unlawful or unethical. In the event at some
future point we believe that your case has little or no merit, that, too, will constitute good cause
to terminate our legal services.
In the event our engagement is terminated for any reason, you will continue to be
.obligated for our services and other charges incurred before the termination date: If we are
required to take legal action to recover our fees for professional services or expenses incurred,
you will be responsible for all court. costs and attorney's fees incurred.
No legal action may be brought by you for any cause of action against Bradley &
Gmelich or any agent or employee of Bradley & Gmelich, unless you have complied with all the.
terms and provisions of this contract.
9. INSURANCE DISCLOSURE. This firm maintains Errors and.Omissions insurance
coverage applicable to the services to be rendered.
10. SURVIVAL. In the event that any provision of this Agreement is deemed to be illegal or
unenforceable, such determination shall not affect the validity or enforceability of the remaining
provisions hereof, all of which shall remain in full force and effect.
11. ARBITRATION
A. ARBITRATION OF ALL. DISPUTES INCLUDING CLAIMS OF
MALPRACTICE
Any controversy between the parties regarding the construction, application or
performance of any services under this Agreement, and any claim arising out of or relating to
this Agreement or its breach, shall be submitted to binding arbitration upon the written request of
one party after the service of that request on the other party. The parties shall use and be guided
Jeffrey A. Harrison, Esq. BRADLEY GMELICH
Re: Legal Services Agreement
Date: Apri129, 2009
Page 5
by Judicate West in Los Angeles, who shall hear and determine the dispute. The discovery and
arbitration-shall be conducted in accordance with Judicate West's rules.. The cost of the
arbitration, excluding legal fees and costs, shall be borne by the losing party or ui such
proportion as the arbitrator shall decide. The parties shall bear their own legal fees and costs for
all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and
or any legal dispute, shall be Los Angeles County, California.
B. STATE BAR FEE ARBITRATION
Notwithstanding subparagraph A above, in any dispute subject to the jurisdiction of the
State of California over attorney's fees, charges, costs or expenses, Clients have the right to elect
arbitration pursuant to the fee arbitration procedures of the State-Bar of California, as set forth in
California Business and Professions Code Section 6200; et seq. Those procedures permit a trial
after arbitration, unless the parties agree in writing, after the dispute has arisen; to be bound by
the arbitration award. If, after receiving a notice of client's right to arbitrate; Clients do not elect
to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration
within 30 days, any dispute over fees, charges, costs or expenses; will be resolved by binding.
arbitration as provided in the previous subparagraph A.
Because each party is giving up a right, Clients are encouraged to have an independent
lawyer of Clients' choice review these arbitration provisions before agreeing to them.
By initialing below, Clients and Attorney confirm that they have read and understand
subparagraphs A and B above, and voluntarily agree to binding arbitration. In doing so, Clients-
and Attorney 'voluntarily give up important constitutional rights to trial by judge or jury, as well
as rights to appeal. Clients are advised that Clients have the right to have an independent lawyer
of Clients' choice review these arbitration provisions, and this entire agreement, prior to initialing
this provision or signing this Agreement.-
(Client's Initials Here) (Attorney Initials)
12. RETENTION OF RECORDS. All documents pertinent to your matter will be maintained
by the firm for no more than five (5) years following the- conclusion of the matter. You are, of
course, free to take possession of the documents prior to that time, as they are technically-your
.documents: At the conclusion of five years, we will notify you at the last known address you
provided to us during the pendency of this matter to advise. you of our intent to destroy such.
records and documerits..In the event we do not receive your request to take possession of the
documents within thirty (30) days after we provide notice, we will have the records destroyed in
a confidentially safe manner.
13. COPY RECEIVED BY CLIENT. Client acknowledges receipt of a copy of this
Agreement concurrently with Client's execution thereof.
Jeffrey A. Harrison, Esq. ~ $RADLEY GMELICH
Re: Legal Services Agreement
Date: Apri129, 2009
Page 6
Please review this letter carefully and, if it is consistent with your understanding of our
respective responsibilities, please sign a copy of this letter and return it to me, together with the
$10,000 deposit, payable to the "Bradley &Gmelich Client Trust Account." Upon receipt of the
signed retainer agreement and deposit, we will be able to begin our representation of the City of
Vernon.
We are pleased that you-have selected Bradley &Gmelich as your counsel.. We look
forward to working with you toward your continued success.
Very truly yours,
Bradley &Gmelich
Thomas P. Gmelich
Gary J. Bradley
* * * ~
The undersigned has read this Legal Services Agreement and agrees to retain Bradley &
Gmelich pursuant to the. terms, .conditions and limitations set forth herein.
The City of Vernon
By; Date: S 0
Je rrison, City Attorney
_ _
- - - -
® ~
R~, ~
b "SSnn T f ~ r;
n
4305 Santa Fe Avenue, Vernon, California 90058
Telephone .(323) 583-8811
..May 6, 2009
• Via Federal Express
Gary J. Bradley, Esq.
Bradley &:Gmelich
700 N. Brand Blvd., 10th Floor
Glendale, CA 91203
Re: -Legal Services Agreement
Gina R. Torres v. City of Vernon et al:
Case No. CV09-02684-SVW
Dear Gary:
Enclosed please find one fully executed Legal Services Agreement
regarding the above-referenced matter.
Pursuant to paragraph five of the Agreement, enclosed is a check
payable to Bradley.&.Gmelich in the sum of $10,000.00.
Thank you .for your cooperation and courtesy in this matter.
Very tru yours,
L
A Harrison
ity A orney
JH:em
Enclosures-Check No. 325542 and Legal Services Agreement
cc: Nelly Giron, City Clerk (w/ encls.) (Resolution No. 9957)
E~cCusiveCy IndustriaC
CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 325542
IVVOIGE NUMBER cr~'~ I ~ G ~.UMBEuR c ~ - nv~d CISCOUr~T . 11~=, i„F!T
050409-1 05/04/2009 LEGALS SERV/G. TORRES V. COV 0.00 10,000.00
10,000.00
PLEASE DETACH BEFORE DEPOSITING
s nr
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S/~ti4 f;~ `z Gity of Vernon ~ . _ ~ 11
u r~~ 4305 Santa Fe Ave E ~F~~~ F~_,
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Z'G`'~'~ ~ 003780 05/06/2009 325542 10,000.00
PAY Ten Thousand Dollars and No Cents
To THE BRADLEY & GMELICH ~ )
or~DE~ 700 N. BRAND BOULEVARD ~cv ~ ~v~~
10TH FLOOR C
of GLENDALE, CA 91203 _ ? v~-
u'0325542ii' ~:~22OD0`66L~: ~4594L0~,83ii'
RAI~LEY ~ ~ C1IVIELI~I~i
Lawyers
700 N. Brand Boulevard, 10`h Floor
Barry A. Bradley Glendale, CalifOrrila 91203 Northern California Office
Thomas P. Gmelich Telephone (818) 243-5200 2033 Gateway Place, 5`h Floor
Lena J. Marderosian FaCSimlle (818) 243-5266 San Jose, California -95110
Jonathan A. Ross Telephone (408) 573-6267
Gary J. Bradley Facsimile (408) 437-1201
www.bglawyers.com
Robert A. Crook
John K, Flock
Lindy M. Fried .
Mark I, Melo
Arnold S. Levine
Shirley R. Sullinger
Kathryn Canale
G. Dean Guerrero
Jaimee Kr wellerstein
Robert Mills
James N. Kahn
Apri129, 2009
Via E-Mail Only
Jeffrey A. Harrison, Esq.
City Attorney '
City of Vernon
4305 Santa Fe Ave
.Vernon, California 90058
Re: Le~al.Services Agreement
Gina R. Torres v. City of Vernon et al. (FLSA Class Action)
United States District Court Case No. CV09-02684-SVW
Dear Mr. Harrison:
On behalf of Bradley & Gmelich, I want to thank you for retaining our law firm for the
purpose of representing the City of Vernon in the lawsuit filed by Gina R: Torres, and all others
similarly situated, as a collective action under the Fair Labor Standards Act. We know that you
have a choice in counsel and we appreciate your giving us this opportunity to assist the City of
Vernon with its legal needs. We will endeavor to serve you using all of our firm's resources and
experience. Our initial role will be to appear on your behalf in the above-referenced lawsuit.
We have also been asked to provide counseling regarding various employment-related matters.
Zn the event we represent the City of Vernon in other matters, or appear on its behalf in
any court or administrative proceeding, we will likely prepare a separate legal services
agreement. If not, it is agreed that all future work performed will be governed by this agreement.
In an effort to comply with California State Bar Rules of Conduct for attorneys, we feel it
necessary that we enter into retainer agreements with all of our clients. The purpose of this letter
Jeffrey A. Harrison, Esq. $RADLEY GMELICH
Re: Legal Services Agreement
Date.: April 29, 2009 '
Page 2
is to confirm some of our financial arrangements with regard to the services provided for this
case. Note .that the terms "you" or "your" as used herein shall refer to the City of Vernon.
1. FEES; Our charges for- legal services -are based on the hourly rates of lawyers and other
professionals. Professional time is billed in increments of 1/10th of an hour. We have agreed
to provide you with reduced hourly rates as follows: Partners: $300.00 per hour; Associates:
$250.00 per hour; Law clerks: $90.00 per hour; Paralegals: $85.00 per hour. As set forth in
paragraph 5, below, we will require a $10,000 deposit into our client trust account, which will be .
refundable to the extent set forth in this letter.
2. RATES AND .ADJUSTMENTS. We review and adjust these billing rates periodically,
and the applicable hourly billing rates are those. in effect at the time that the services are
performed. We will, of course, notify you of any changes in advance and. receive your
concurrence. Because. we recognize the high cost of legal services, it is our goal that all matters
on behalf of our clients. be handled as expeditiously and cost-effectively as possible;
Accordingly, if we find it is possible and appropriate to do so, in order to obtain appropriate
expertise for the matter 'or as a technique to keep costs down, we may use attorneys and paralegal
personnel in the Firm of the lowest billing rate consistent-with the expertise required for the-
. project. While we will take all prudent-steps to minimize the number of attorneys who perform
services on your behalf, we will charge .for attorney cgnferences and supervision where
appropriate and where necessary to ensure that the work is done properly and thoroughly by
personnel with lower hourly billing rates: You will always be able to contact a partner who will
have a full working knowledge of your case. We also reserve the right to associate in counsel if
we believe it is in your best interest to do so.
3: COSTS AND EXPENSES. In the course of this representation, we may incur certain
- costs and expenses on your behalf. We will obtain your consent before incurring any cost in
excess of $500. Bills we receive which are in excess of $250 ordinarily will be forwarded to you
for direct payment to the service. provider. The costs and expenses that we will bill you for
include, but are not limited to, process servers' fees, fees fixed by law or assessed by courts or
other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery
fees, postage, parking, investigation expenses, consultants' fees, computer research services,
expert witness fees, telecopies, in=office photocopying at $0.25 per page, mileage at prevailing
.IRS rates, and other similar items.. These charges will appear on your monthly statement and you
are responsible for prompt monthly payment. It is expected that our clients keep their accounts
current. The costs are ultimately your responsibility.
4. MONTHLY STATEMENTS. Statements for our services rendered and costs advanced
are typically submitted monthly and are due upon receipt. However; we reserve the right to
submit statements weekly based on any actual or reasonably anticipated shortfall of the Deposit
(as described below in paragraph 5). Such weekly statements may be transmitted via facsimile
or electronic mail and are due on receipt. We also reserve the-right to charge interest at the rate
Jeffrey A, Harrison, Esq. $RADLEY (sMELICH
Re: Leal Services Agreement
Date: Apri129; 2009
Page 3
often percent per annum on the unpaid balance, compounded annually,. on any sums not paid
within 30 days of the initial billing date. The mouthly statements will be submitted directly to
your attention. We expect our clients to keep their accounts current at all times..
If you dispute the costs or fees billed on any statement or any portion of a statement, you.
must, within 30 days of receipt of that statement, advise us in writing, identifying each entry you
dispute and the nature of that dispute. If you do not do so within 30 days, we will assume that
you do not dispute the costs and~fees on that statement and you expressly waive any right to
contest that statement or any portion of that statement at a later time. Regardless of any such
disputes, all statements, whether issued monthly or weekly; must be paid in full upon receipt
without any set off or reduction for disputed amounts.
5. DEPOSIT. It is the practice of our firm in matters of this nature to require a deposit prior
to the commencement of legal services requested. Based on the limited nature of our initial
services and the fact that the City of Vernon is a government entity, we have agreed to
..significantly reduce-our usual deposit requirement. Accordingly, we will require a refundable
deposit of $10,000.00, to be placed directly into the firm's client trust account.
No disbursements will be taken from the trust account unless any outstanding fees or
.costs that were invoiced to the City of Vernon on a monthly basis are due beyond 30 days from
the date of our monthly 'invoices. In such cases, we will deduct the amount owed from the trust
account.and make disbursements directly into our firm's-general account for services rendered
- and -costs incurred. Ariy disbursements will be reflected in the monthly invoices. If the monies
deposited. into the trust account are used, the City of Vernon agrees to immediately deposit
sufficient funds to bring the balance back up to the $10,000.00 originally deposited.
Please understand that the firm has no obligation to perform any legal services or expend
- any money on the City of Vernon's behalf when there insufficient funds in the trust account to
cover the amount thereof. Any unused deposit at the conclusion of our legal services will be
refunded to you. Should we be engaged to perform a significant amount of services in a limited
time or should we appear as attorneys of record in any legal or administrative proceeding, we
reserve the right to require an increase in the deposit.
6. ~ GENERAL RESPONSIBILITIES OF ATTORNEY AND CLIENT. We will provide
services of a strictly legal nature of the type generally described above and we shall take
reasonable steps to keep you. informed of the progress and to respond to your inquiries.
You will provide us with such factual information and materials as we require to perform
the foregoing services, and you will make such business or technical decisions and
determinatioris as are appropriate. It is understood that you are not relying on us for business,
investment or accounting decisions or to investigate the character or credit. of persons with whom
you maybe dealing.
Jeffrey A. Harrison, Esq. $RADLEY GMELICH
Re: Legal Services Agreement
Date: April 29, 2009
Page 4
7. DISCLAIMER OF RESULT GUARANTEE. This fee agreement is not contingent upon
the. ultimate outcome of your legal needs, as sometimes the final result of a legal matter is not in
accordance with a client's hopes and expectations. Nothing in this agreement and nothing in our
statements to you will be construed as a promise or guarantee about the. outcome of your legal
matter. We make no such promises or guarantees. Our comments about the outcome of your
matter, if any, are. mere expressions of opinion only.
8. DISCS-IARGE AND WITHDRAWAL. You may discharge us at any time far any reason.
Likewise, it is understood that we may terminate our legal services and withdraw from this
engagement with your consent or for good cause. Good cause includes any breach of this
agreement, failure to pay our fees, trust account deposit, and other charges promptly, refusal to
cooperate with us or to follow our advice on a material matter or any other fact or circumstance
that would render our continuing representation unlawful or unethical. In the event at some
future .point we believe that. your case has little or no merit, that, too, will constitute good cause
to terminate our legal services.
In the event our engagement is terminated for any reason, you will continue to be
obligated for our services and other charges incurred before the termination date. If we -are
required to take legal action to recover our fees for professional services or expenses incurred,
you will be responsible for all. court costs and attorney's. fees incurred.
No legal action maybe brought by you for any cause of action against Bradley &
Gmelich or any agent or employee of Bradley &Gmelich, unless you have complied with all the
terms and provisions. of this contract.
9. INSURANCE DISCLOSURE. This firm maintains Errors and.Omissions insurance
coverage applicable to the services to be rendered.
10. SURVIVAL. In the event that any provision of this Agreement is deemed to be illegal or
unenforceable, such determination shall not affect the validity or enforceability of the remaining.
provisions hereof, all. of which shall remain in full force and effect.
11. ARBITRATION
A. ARBITRATION OF ALL DISPUTES INCLUDING CLAIMS OF
MALPRACTICE
Any controversy between the parties regarding the construction, application or
performance 'of any services under this Agreement, acid any claim arising out of or relating to
this Agreement or its breach, shall be submitted to binding arbitration upon the written request of
one party after the service of that request on the other party. The parties shall use and be guided
Jeffrey A. Harrison, Esq. $RADLEY GMELICH
Re: Legal Services Agreement. .
Date: April 29, 2009
Page 5
by Judicate West in Los Angeles, who shall hear and determine the dispute. The discovery and
arbitration shall be conducted in accordance with Judicate West's rules. -The cost of the
arbitration, excluding legal fees and costs, shall be borne by the losing party or in such
proportion as the arbitrator shall decide. The parties shall bear their own legal fees and costs for
all claims, or. contracf claims, or tort claims.. The sole and exclusive venue for the arbitration and
or any legal dispute, shall be Los Angeles County, California.
B. STATE BAR FEE ARBITRATION
Notwithstanding subparagraph A above;. in any dispute subject to the jurisdiction of the
State of California over attorney's fees, charges, costs or expenses, Clients have the right to elect
arbitration pursuant to the fee arbitration procedures of the State Bar of California, as set forth in
California Business and Professions- Code Section 6200, et seq. Those procedures permit a trial
after arbitration, unless the parties agree in writing, after the dispute has arisen, to be bound by
the arbitration award. If, after receiving a notice of client's right to arbitrate, Clients do not elect
to proceed under the. State Bar fee arbitration procedures, and file a request for fee arbitration
within 30 days, any dispute over fees, charges, costs or expenses, will be resolved by binding
arbitration as provided in the previous subparagraph A.
Because each party is giving up a right, Clients are encouraged to have an independent
lawyer of Clients' choice review these arbitration provisions before agreeing to them.
By initialing below, Clients and Attorney confirm that they have read and understand
subparagraphs A and B above, and voluntarily agree to binding arbitration. In doing so; Clients
and Attorney voluntarily give up important constitutional rights to trial by judge or jury, as well
as rights to appeal. Clients are advised that Clients have the right to have an independent lawyer
of Clients' choice review these arbitration provisions, and this entire agreement, prior to initialing.
this provision or signing this Agreement.
(Client's Initials Here) ~ (Attorney Initials)
12. RETENTION OF RECORDS. All documents pertinent to your matter will be maintained
by the firm for no more than five (5) years following the conclusion of the matter. You are, of
course, free to take possession of the documents prior to that time, as they are technically .your
documents: At the conclusion of five years,. we will notify you at the last known address you
provided tows during the pendency of this matter to advise you of our intent to destroy such
records. and documerits..In the event we do not receive your request to take possession of the
documents within thirty (30) days after we provide notice, we will have the records destroyed in
a confidentially safe manner.
13. COPY RECEIVED BY CLIENT. Client acknowledges receipt of a copy of this
Agreement concurrently with Client's execution thereof.
Jeffrey A. Harrison, 'Esq. $RADLEY (ilVIELICH
Re: Leal Services Agreement
Date: Apri129, 2009
Page 6
Please review this letter carefully and; if it is consistent with your understanding of our
respective responsibilities,. please sign a copy of this letter and return it to me, together with the
$10;000 deposit, payable to the "Bradley &Gmelich Client Trust Account." Upon receipt of the
signed retainer agreement and deposit, we will be able to begin our representation of the City of
Vernon.
We are pleased that you have selected Bradley &Gmelich as your counsel. We look
forward to working with you toward your continued success.
Very truly yours,
Bradley &Gmelich
~~.~Y,~ .
Thomas P. Gmelich'
Gary J. Bradley
The undersigned has read this Legal Services Agreement and agrees to retain :Bradley &
Gmelich pursuant to the. terms, conditions and limitations set forth herein.
'The City of Vernon
By: Date: S D
Je rrison, City Attorney
ATTEST:
sy:
anuela Giron, 'ty lerk
e~ vgA - - _ - - _ - -
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~t~~;~ ~-s¢P APPROV~p ~a~ ~ 1 '09 C~ ~0~lNC~~
s'~F~Y,N°°` CITY CL~t~IC DISTR113UTI®N
CITY ATTORNEY'S OFFICE
STAFF REPORT
DATE: May 11, 2009 V
V
TO: Honorable Mayor and City Council
..MAY 0 6 2009
FROM: Jeff A. Harrison,- City Attorney CIlYCLERK'S OFFICE
RE: Bradley & Gmelich Representation for Torres Fair Labor
Standards Act Lawsuit
Issue:
On or about April 21, 2009, .the City was served with a Summons and
Complaint for Damages; Demand for Jury Trial in a matter entitled Gina R.
Torres v. City of Vernon, et al., United States District Court, Central
District, Case No. CV09-02684 SVW (CWx) wherein the plaintiff alleges Fair
.Labor Standards Act violations concerning overtime hours worked by 9-1-1
Emergency Dispatchers as a collective action under 29 U.S.C. ~216(b).
Due to the unique nature of the litigation and-the shortened time period
to respond, the City Attorney executed a Legal Services. Agreement with
.Bradley & Gmelich ("Bradley") dated April 29, 2009, and transmitted a
$1.0,000.00 deposit to Bradley to expedite the commencement of Bradley's
representation of the City, subject to said actions being ratified by the
City Council.
Recommendations:
I recommend that the City adopt a resolution ratifying my execution of the
Legal Services Agreement with Bradley dated April 29, 2009 regarding their
retention to provide legal representation to the City in the Torres
lawsuit and ratifying the payment of $10,000.00 to Bradley in accordance
with said Agreement.
Fiscal Impact
Hourly rates range from $85.00 per hour for paralegals to $300.0.0 per hour
for partners and costs and expenses will be incurred on City's behalf will
be billed and/or forwarded to the City for direct payment. The exact
number of hours that will need to be expended in the City's defense of the
lawsuit is unknown at this time.
cc: Eric Fresch