Resolution No. 4774
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RESOLU~ION NO. 4774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING THE AMENDMENT TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT OF JUNE 29,1979
FOR DAVID B. BREARLEY AS THE CITY ATTORNEY
FOR THE CITY OF VERNON
WHEREAS, David B. Brearley has served as the City
Attorney for the City of Vernon since July 1, 1977; and
WHEREAS, the City Council of the City of Vernon approved
a City Attorney Employment Agreement on June 29, 1979; and
WHEREAS, the City Council of the City of Vernon and
David B. Brearley desire to amend the existing City Attorney
Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
16 does hereby find and determine that the recitals contained
17 hereinabove are true and correct.
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SECTION 2: That the City Council of the City of Vernon
does hereby approve the Amendment to the City Attorney Employment
Agreement with David B. Brearley for City Attorney services
which is attached hereto as Exhibit "A" and incorporated herein
by this reference as though fully set forth at length, effective
March 1, 1981 through and including June 30, 1983.
SECTION 3: That the Mayor and the City Clerk are
hereby authorized to execute said Amendment to the City Attorney
Employment Agreement with David B. Brearley for City Attorney
services for and on behalf of the City Council.
SECTION 4: That the City Clerk of the City of Vernon
1 shall certify to the passage of this Resolution and thereupon
2 and thereafter the same shall be in full force and effect.
3 APPROVED AND ADOPTED this 17th day of February, 1981.
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Resolution No. 4774
Vernon, do hereby certify that the foregoing Resolution, being
, was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor of said
City at a regular meeting of the City Council held on Tuesday,
February 17
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(SEAL)
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BRUCE v. ~~LKENHORST, City Clerk
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AMENDMENT TO
CITY ATTORNEY EMPLOYMENT AGREEMENT
4 THIS AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT
5 is made, entered into and executed in duplicate originals,
6 either copy of which may be considered and used as the original
....,
hereof for all purposes, as of the
day of
, 1981,
8 in the City of Vernon, County of Los Angeles, California
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13 AND
BY AND BETWEEN
CITY OF VERNON, a Municipal
Corporation (hereinafter referred
to as "City") "
4305 Santa Fe Avenue
Vernon, CA 90058
DAVID B. BREARLEY (hereinafter
referred to as "Brearley")
11350 East Valley Blvd.
El Monte, CA 91734
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RECITALS
18 WHEREAS, the City and Brearley have heretofore entered
19 into a City Attorney Employment Agreement which was effective
20 July 1, 1979; and
21 WHEREAS, the City and Brearley have agreed to amend
22 said City Attorney Employment Agreement to provide for changes
23 in terms and benefits of said Agreement.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
25 AND AGREEMENTS HEREIN CONTAINED THE PARTIES HERETO AGREE AS
26 FOLLOWS:
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SECTION 1: The City and Brearley hereby agree that
.28 the recitals contained hereinabove are true and correct.
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SECTION 2: That Section 4 of said Agreement shall be
2 modified and amended to read as follows:
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Section 4: Term.
4 The term of this Agreement shall be two (2) years
5 and four (4) months commencing on March 1, 1981 and terminating
6 on June 30, 1983. However, in the event written notice is not
7 given by either party to this Agreement to the other at least
8 twelve (12) months prior to the termination date as hereinabove
9 provided, this Agreement shall be extended under the same terms
10 and conditions as hereinabove provided for the additional period
11 of one (1) year. Said Agreement shall continue thereafter for
12 one (1) year periods unless written notice is given at least
13 twelve (12) months prior to the:then applicable time of expi-
14 ration. For purposes of this Section, therefore, written notice
15 must be given on or before June 30th of the applicable year for
16 termination to be effective on June 30th of the successive year.
.
17 If written notice has not been given on or before July 1st, then
18 said Agreement is extended for an additional year from the then
19 termination date of June 30th of the applicable year. For
20 example, if written notice is not given prior to June 30, 1982,
21 then the Agreement shall automatically be extended until June 30,
22 1984. In the event written notice is given on or before June 30,
23 1982, then the Agreement will terminate on June 30, 1983.
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SECTION 3: That Section 5 of said Agreement shall be
25 modified and amended to read as follows:
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Section 5: Compensation.
Neither City nor Brearley can accurately forecast
the number of hours of legal services required for a full service
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City Attorney Department.
Therefore, City shall pay to Brearley a retainer
salary of Two Thousand Eight Hundred Dollars ($2,800.00) per
month, provide membership in the Public Employees Retirement
System, provide workers' compensation coverage, provide un-
employment insurance coverage and provide at no cost to Brearley
coverage in the City's medical benefits program during the term
of this Agreement.
Further, City shall pay to Brearley and Brearley
agrees to accept from City in addition to the above, in full
payment for services rendered in excess of forty-five (45) hours
per month, a fee for legal services of Ninety Dollars ($90.00)
per hour for every hour of legal services provided in each month
in excess of said forty-five (45) hours.
In addition, City hereby agrees that in the event
across the board increases in salary are provided for miscel-
laneous employees, the percentage rates of said increase granued
to said employees shall be applied to the retainer salary and
hourly rate provided for herein and said increases shall be
effective the same date as the across the board increases are
effective for said employees of said City.
SECTION 4: That in all other respects except as
hereinabove provided the terms and conditions of the City
Attorney Employment Agreement dated June 29, 1979 shall remain
in full force and effect.
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IN WITNESS WHEREOF, the City has caused this Agreement
to be signed and executed on its behalf by the Mayor and Brearley
has signed and executed this Agreement, both in duplicate, the
day and year first above written.
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CITY OF VERNON
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By
LEONIS C. MALBURG, Mayor
DAVID B. BREARLEY
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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