Resolution No. 72921
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RESOLUTION NO. 7292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR ATTORNEY SERVICES BY AND
BETWEEN THE CITY OF VERNON AND EDUARDO OLIVO AND
APPOINTING EDUARDO OLIVO AS THE ASSISTANT CITY
ATTORNEY
WHEREAS, the City Attorney for the City of Vernon, David
B. Brearley ("Brearley"), intends to retire from the position of
City Attorney on October 31, 1999; and
WHEREAS, the City is currently in need of attorney
services and desires to obtain legal services from Eduardo Olivo
("Olivo") who will function as the Assistant City Attorney until
the retirement of Brearley on October 31, 1999, and will then
function as the City Attorney for the City of Vernon and provide
general legal services to the City on an as needed basis; and
WHEREAS, Olivo desires to provide such services to City.
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 does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Attorney Employment Agreement with Olivo, effective
April 1, 1999, a copy of which has been presented to the City
Council concurrently with this resolution and the City Council
hereby orders that said Agreement be received and filed by the
City Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement
for and on behalf of the City of Vernon.
SECTION 4: 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 16th day of March, 1999
LEONIS C. MALBURG, May r
ATTEST
BRU E 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
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7292, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, March 16, 1999, and thereafter duly signed by the
Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
( SEAL)
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SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: April 7, 1999
TO: Eduardo Olivo, City Attorney
FROM: Gloria J. Orosi!s-Chief Deputy City Clerk
RE: Attorney Employment Agreement
Enclosed, for your files, is a fully executed duplicate original
of the above referenced agreement which was approved by City
Council on March 16, 1999 throughlot-
An original of same is being retained in this office.
cc: Martha Valenzuela (with attachments)
Agreement File
1 ATTORNEY EMPLOYMENT AGREEMENT
2 BY AND BETWEEN
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THE CITY OF VERNON AND EDUARDO OLIVO
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THIS EMPLOYMENT AGREEMENT is made, entered into and executed as of the
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6 1st day of April, 1999,
7 BY AND BETWEEN THE CITY OF VERNON , a Municipal
Corporation whose City Hall address is 4305 Santa
8 Fe Avenue, Vernon, California 90058 (hereinafter
referred to as the "City")
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10 AND EDUARDO OLIVO, Attorney at Law, 16289
Soriano Drive, Hacienda Heights, California 91745
11 (hereinafter referred to as "Olivo")
12 RECITALS:
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WHEREAS, Olivo has served as a Deputy City Attorney for the City since November
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of 1994, under the supervision of the current City Attorney, David B. Brearley ("Brearley");
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16 and
17 WHEREAS, on October 31, 1999, Brearley will be retiring from the position of City
18 Attorney for the City of Vernon; and
19 WHEREAS, the City desires to obtain legal services from Olivo who will function as
20 the Assistant City Attorney and, after the retirement of Brearley, as the City Attorney, and
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provide legal services to City on an as needed basis; and
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23 WHEREAS, Olivo desires to provide such services to City.
24 NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL
25 PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE
26 PARTIES DO HEREBY AGREE AS FOLLOWS:
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SECTION 1: City hereby retains Olivo as the Assistant City Attorney and Olivo
hereby accepts the position of Assistant City Attorney upon the terms and conditions set forth
herein.
SECTION 2: Olivo shall remain the Assistant City Attorney until October 31, 1999.
Olivo shall then be retained and hereby accepts the position of City Attorney upon the terms
and conditions set forth herein.
SECTION 3: Pursuant to the orders, advice and direction of the City Council, Olivo
shall, as requested, advise the City officials in all legal matters pertaining to City business,
including, but not limited to, the following:
(a) Commencing April 1, 1999, Olivo will attend all City Council and Committee
meetings as requested:
(1) He will advise and participate in the preparation and development of matters
appearing on the Agenda of the City Council, as requested;
(2) He will review Council and Committee Minutes for legal sufficiency, as
requested;
(b) He will meet with the City Administrator and department heads and staff to
provide advise and review City problems, as requested.
(c) He will advise the City concerning insurance coverage and applicability.
(d) He will represent the City in all courts wherein the City has an interest in such
proceedings when so requested.
(e) He will represent the City before administrative agencies on routine matters and
testify before legislative bodies on behalf of the City when so requested.
(f) He will represent the City in associations in which the City is a member so that
the City will obtain maximum benefits from such associations, as requested.
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(g) He will prepare all ordinances, resolutions and other legal documents, as
requested by the City Council and the City staff.
(h) He will issue legal opinions for the Council and City staff on legal issues, as
requested.
(i) He will analyze and report to the City Council on pending legislation and court
decisions affecting the City, as requested.
6) He will provide legal advise on water and utility matters, as requested.
(k) He will assist all other legal consultants of the City in the resolution of City
problems.
(1) He will assist the staff in the negotiations of City agreements and will draft or
review and approve City agreements, as requested.
(m) He will provide legal opinions and/or litigate matters relating to personnel issues
confronting the City.
(n) He will provide all other necessary and appropriate legal services as may be
required.
SECTION 4: Olivo shall at all times faithfully, industriously, and to the best of his
ability, experience and talent, perform all duties that may be required of and from him
pursuant to the express and implicit terms hereof, to the reasonable satisfaction of the City
Council. Such duties shall be rendered at City Hall, Olivo's offices, and at such other places
as the City shall in good faith require or as the interest, needs, business and opportunities of
the City shall require or make advisable.
SECTION 5: Term.
This Agreement shall commence on April 1, 1999 and shall have a term of two (2)
years. The parties may negotiate an extension of this Agreement, or a new agreement, at any
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time prior to the termination of this Agreement. In the event that either party does not intend
to enter into a new agreement, or amend the current Agreement upon expiration of the two (2)
year term, that party shall provide 3 months notice to the other.
SECTION 6: COMPENSATION.
Neither City nor Olivo can accurately forecast the number of hours of legal services
required for the Assistant City Attorney position or, a full service City Attorney Department.
Further, in recognition of the fact that the parties are undertaking a new relationship, the City
and Olivo are now only establishing the compensation terms for the first year of this two year
Agreement. Prior to the time that this Agreement has been in effect for one full year, the City
and Olivo shall enter into negotiations in order to establish the compensation terms for the
second year of the Agreement. The parties are not, however, precluded from negotiating
merit considerations at any time during the term of this Agreement.
During the first year of the Agreement, the City shall pay Olivo a retainer salary and
fees for services, as follows:
(a) During the first 6 months of the Agreement.
1) The City shall pay Olivo a retainer salary of $5400 per month for up to forty
(40) hours of service per month.
2) City shall pay to Olivo and Olivo agrees to accept from City in addition to the
above, in full payment for non -litigation services rendered in excess of forty (40) hours per
month, a fee for legal services of $150.00 per hour for every hour of legal services provided
in excess of forty (40) hours per month.
3) City shall pay Olivo a fee for litigation legal services of $160.00 per hour.
(b) After the first 6 months of the Agreement.
The City shall consider increasing Olivo's retainer salary from $5400 per month to
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$5600 per month for up to forty (40) hours of service per month. The rate for legal services
rendered in excess of forty (40) hours per month and the rate for litigation services shall
remain the same.
SECTION 7: It is understood and agreed that Olivo will have the right to join with
other attorneys and create a new legal firm at Olivo's discretion. In such event, Olivo will
have the power to appoint other members of Olivo's firm as Deputy City attorneys when they
appear in court or administrative hearings on behalf of the City, and said appointment will
expire upon the termination of said appearance. It is further understood and agreed that Olivo
will have the right to assign specific work to other members of Olivo's firm within the scope
of their own particular expertise. However, Olivo shall remain fully responsible for all such
assigned duties. The services of such attorneys shall be provided at no additional cost,
provided, the time expended by said attorneys shall be included in calculating the total amount
of time expended by Olivo on City business.
SECTION 8: Olivo 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 of expenses.
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed as of the month, day and year first written above.
CITY OF VERNON
B 66N�ISC. M LBURG, Mayor
ATTEST: /
BRUCE V. MALKENHORST, City Clerk
By
L�'
EDUA.0 O VO
0