Resolution No. 4658
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RESOLUTION NO. 4658
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON EMPLOYING DAVID B. BREARLEY AS THE
CITY ATTORNEY FOR THE CITY OF VERNON
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6 WHEREAS, DAVID B. BREARLEY has served as the City
7 Attorney for the City of Vernon from July 1, 1977 through and
8 including June 30, 1979 pursuant to an Employment Agreement; and,
9 WHEREAS, the City Council of the City of Vernon desires
10 to enter into a new Employment Agreement with DAVID B. BREARLEY
11 for City Attorney services; and,
12 WHEREAS, the City Council of the City of Vernon intends
13 to approve retirement benefits for DAVID B. BREARLEY in the Public
14 Employees Retirement System; and,
15 WHEREAS, the City Council of the City of Vernon intends
16 to provide DAVID B. BREARLEY with full coverage for medical bene-
17 fits during the term of said Employment Agreement; and,
18 WHEREAS, said Employment Agreement shall be for a three
19 (3) year term beginning July 1, 1979 through and including
20 June 30, 1982; and,
21 WHEREAS, DAVID B. BREARLEY is desirous of entering into
22 the said Employment Agreement with said City Council providing
23 for the performance of City Attorney services.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
25 CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of Vernon
27 does hereby find and determine that the recitals contained herein-
28 above are true and correct.
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SECTION 2: That the City Council of the City of Vernon
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does hereby approve the Employment Agreement with DAVID B.
3 BREARLEY for City Attorney services attached hereto as Exhibit "An
4 and incorporated herein by this reference as though fully set
5 forth at length, effective July 1, 1979 through and including
6 June 30, 1982 and hereby appoints DAVID B. BREARLEY as City
7 Attorney for said period in accordance with said Agreement.
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SECTION 3: That the Mayor and the City Clerk are hereby
9 authorized to execute said Employment Agreement for City Attorney
10 services for and on behalf of the City Council.
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SECTION 4: That the City Clerk of the City of Vernon
12 shall certify to the passage of this Resolution and thereupon and
13 thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED
this 29th day of
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/ l LEONIS
June,
1979.
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ATTEST: ~
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No.4658
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at an adjourned meeting of the City Council held on Friday,
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June 29
, 19 79.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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CITY ATTORNEY EMPLOYMENT AGREEMENT
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THIS EMPLOYMENT AGREEMENT is made~ entered into and exeauted as of '
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day of
~ Z979~
the
5 BY AND BETWEEN
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THE CITY OF VERNON~ a MunicipaZ Corpora
tion of the state of CaZifornia~ whose
City HaZZ address is 4305 Santa Fe
Avenue~ Vernon~ CaZifornia 90058>
hereinafter referred to as "City"~
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8 AND
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DAVID B. BREARLEY~ Attorney at La1J~
whose address is ZZ350 East VaZZey
BouZevard~ EZ Monte~ CaUfornia 91..734,
hereinafter referred to as "Attorney".
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WITNESSETH:
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WHEREAS~ DAVID B. BREARLEY has served the CITY OF VERNON as its City
Attorney sinae JuZy Z~ Z977 through and inaZuding June 30~ 1..979 as its City
Attorney pursuant to that aertain agreement entitZed City Attorney EmpZoyment
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Agreement; and"
WHEREAS~ the CITY OF VERNON wouZd Zike to ahange the reZationship
be-/;b)een DAVID B. BREARLEY and the CITY suah that DAVID B. BREARLEY win be
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considered an errrpZoyee of the CITY OF VERNON for pur. pO'fUfS of PubUa EmpZoyee
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Retirement System benefits~ mediaaZ insuranae~ -e:/;(h~ 'and~
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WHEREAS~ DAVID B. BREARLEY mshes to assume the obUgaUonB,
ZiabiZities and burdens of being an errrpZoyee of the CITY OF VERNON; and~
WHEREAS~ the CITY OF VERNON understands that Government Code Section
37922 provides that a PubZia EmpZoyees Retirement Pension wiZZ not Vest unZess
the errrpZoyee has served for and aontributed for at Zeast five (5) ye(1;l>s; and,
WlJEREAS, DAVID B. BREARLEY has wo (2) previous ye(1;l>s aredit uJith
said system and, therefore~ wouZd need to aorrrpZete three (3) fuzz. yearsmth
the CITY OF VERNON in order to avail. himseZf of the benefit of the PubZia
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EmpZoyee Retirement System benefits; and~
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WHEREAS~ CITY desires to enter into a fuU service agreement with
ATTORNEY to obtain legal services from ATTORNEY uJho uJiU funation as an
integral part of the CITY'S staff~ be a CITY resource and be available for
his duties during normal business hOU1's~ as needed; and~
WHEREAS ~ ATTORNEY desires to enter into such an agreement and provide
such services.
NOW~ THEREFORE~ IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS
AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
SECTION l: CITY hereby employees ATTORNEY as its City Attorney and
ATTORNEY hereby accepts and agrees to such employment upon the terms and
conditions set forth herein.
SECTION 2: Pursuant to the orders, advice and direction of the City
Council~ City Attorney shall advise the CITY officials in aU legaZ matters
pertaining to CITY business~ ineludingthe follOUJing:
A. ATTORNEY will attend all Couneil andCorronittee Meetings as
requested.
l. He will advise and participate in the preparation and
development of matters appearing on City Council's Agenda.
2. He uJiU revieuJ Council and Committee Minutes for ZegaZ
sufficieney as requested.
B. He uJiZZ meet uJith and advise aZZ department heads. He wiZZ be
available one-haZf day a uJeek for individual, meetings with department heads,
or staff personnel, at the City Attorney's office at City HaZZ. He wi'll, meet
o.ne-haZf day a uJeek -with the City AcJministrator and/or his designaes at the
City Attorney's office to revieuJ pending agendas, zvor1<men;'s compensation cases~
retirement matters and other CITY probZ,ems.
C. He will, advise the CITy'aoncerning alaims against the CITY,
revieuJ insuranee coverage, advise as to insuranee appZicabiZity andrevieuJ and
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reaommend bonds or other surety.
D. He wiH represent the CITY in aH aourts wherein the CITY has
an interest in suah proaeedings.
E. He wiH represent the CITY before administrative agenaies on
routine matters and testify before legislative bodies on behalf of the CITY
when $0 requested.
F. HewiH represent the CITY~ as its City Attorney~ in associations
in whiah the CITY is a member so that the CITY wiH obtain maximum benefits
from such assoaiations as requested.
G. He wiH prepare aU ordinanaes~ resolutions and other legal.
doauments~ inaluding annexation and detaahment doauments~ as requested by
the City Counail and City staff. '
H. He wiU issue legal opinions for the counail and City staff on
legal issues as requested.
I. He -wiH analyze and report to the Counail on pending legisZation
affeating the CITY as requested.
J. He wiH assist the City staff during negotiations -with empl.oyee
representatives and assist in the administration of labor agreements during
the terms thereof.
K. He -wiH ppovide legal advise on water and utility matters.
L. He -wiZZ assist aZZ other legal consultants of the CITY in the
resolution of CITY problems.
M. He wiZZ assist the staff in the negotiations of aU CITY agree-
ments as requested and will draft or revie7.V and approve al.l CITY agreements.
N. He will seroe as a membep of the CITY'S claims Committee.
O. ATTORNEY wiU prepare workmen's aompensation aases on behal.f of
the CITY~ assist in the review of all workmen's aompensation alaims~ take
neaessa:Py depositions therefor~ make the neaessa.ry appearanaes befope the
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assigned hearing officers~ draft a'll. required pZeadings and related legal.
documents concerning the same and prosec:ute subrogation claims for compensation
cases if any. ATTORNEY wiU assist and advise on proper aoordination between
disability~ retirement~ and continuation of empZoyment with partial disability
for CITY employees where appZicabZe.
SECTION 3: ATTORNEY shaU at aU times faithfuUy~ industrioU8Zy~ and
to the best of his ability~ experience and talent~ perform aU duties that
maybe required of and from him pursuant to the express and implicit tems
hereof~ to the reasonable satisfaction of the City Council. Such duties shall,
be rendered at City HaU~ at ATTORNEY'S offices~ and at such other plaaes
as the CITY shaU in good faith require or as the interest~ needs~ business
and opportunities of the CITY sha'll require. or make advisabZe.
SECTION 4: The term of this employment shatz be for three (3) years
aorrunenaing on the day~ month and year first above written and terminating
June 30~ Z982.
SECTION 5: Neither CITY nor ATTORNEY aan aaaurateZy foreaast the
number of hours of 'legal serviaes required for a futz serviae City Attorney
Department.
Therefore~ CITY shatz pay to ATTORNEY a retainer saZary of
Twenty-Eight HundPed Dotzars ($2~800.00) per month~ provide membership in the
Publia ErrrpZoyees Retirement System and provide at no aost to ATTORNEY aoverage
in,the CITY'S mediaaZ benefits program during the term of this agreement,
In addition~ CITY shall pay ATTORNEY and ATTORNEY agrees to
aaaept from CITY in addition to the above~ in fuU payment for services
rendered in exaess of fifty hours per month a fee of Eighty"7One_DiblJ;W!s,.aitd
Fifty Cents ($81,.50) per hour for each said exaess hour of legal, serviaes
provided in eaah month.
SECTION 6: It is understood and agreed that ATTORNEY wiZZ have the
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1 right to employ other attorneys to work for ATTORNEY in the event ATTORNEY
2 wishes to establish a legal firm. In such event:> ATTORNEY wiZZ have the
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power to appoint other members of the ATTORNEY'S firm as Deputy City Attorneys
when they appear in court or administrative hearings on behalf of the CITY:> and
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5 said appointmentwiZZ expire at the termination of said appearance. It is
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further understood and agreed that ATTORNEY wi ZZ have the right to assign
specific work to other members of ATTORNEY'S firm within the scope of their
own partiau.lar e:x:pertise. ATTORNEY shaZl remain fuZZy responsible for all
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the CITY at no additional cost:> ,provided:> the time e:x:pended by the said
attorneys will be, included in calau.lating the total amount of time expended
by ATTORNEY on CITY business.
SECTION 7: ATTORNEY shall provide CITY with a monthly accounting
of services rendered hereunder showing the amount of time expended for general
CITY business and litigation as well as any claim for reimbursement for
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e:x:penses.
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SECTION 8: It is understood and agreed that ATTORNEY wiZZ have the
right to join with other attorneys and create a new legal, firm at attorney's
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for the performance of aZZ legal services provided puPsuant to their agreement.
SECTION B: It is further agreed that ATTORNEY will notify CITY in
the event ATTORNEY performs legaZ services for any other public agency during
the term hereof.
CITY OF VERNON
M"PEST~ ~~~
B& MALz;l;,aoRST, City CZepk
(SEAL)
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