Resolution No. 8033�S
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W-:A
RESOLUTION NO. 8033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO AGREEMENT FOR ATTORNEY
SERVICES BY AND BETWEEN THE CITY OF VERNON AND
EDUARDO OLIVO
WHEREAS, Eduardo Olivo ("Olivo") served as the Deputy City
Attorney for the City of Vernon from November 1, 1994 to March 31,
1999; and
WHEREAS, Olivo served as the Assistant City Attorney for the
City of Vernon from April 1, 1999 through October 31, 1999 and the
City Attorney from November 1, 1999 to the present; and
WHEREAS, on March 16, 1999, the City Council of the City of
Vernon adopted Resolution No. 7292 approving and authorizing the
execution of an Attorney Employment Agreement dated April 1, 1999 (the
"Agreement") with Olivo for the performance of Assistant City Attorney
and City Attorney services; and
WHEREAS, the City Council of the City of Vernon intends to
approve retirement benefits and to change Olivo's status to employee
for purposes of such benefits in the Public Employees Retirement
System; and
WHEREAS, Olivo and the City have agreed to amend the
Agreement to provide for changes in terms and benefits.
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.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. One to Attorney Employment Agreement with
Olivo, a copy of which is attached hereto as Exhibit "A" and made a
part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
Eduardo Olivo, Esq.
16289 Soriano Drive
Hacienda Heights, CA 91745
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 4th day of September, 2002.
(ATTEST:
IBRUCE V. MALKENHORST, City Clerk
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IEONIS C. MALB RG, May r
1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8033, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday,
8 September 4, 2002, and thereafter was duly signed by the Mayor of the
9 City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
EXHIBIT
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'AMENDMENT NO. ONE
TO ATTORNEY EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. ONE TO THE ATTORNEY EMPLOYMENT AGREEMENT
is made, entered into and executed in duplicate originals, either copy
of which may be considered and used as the original hereof for all
purposes, as of this 28th day of July, 2002.
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND EDUARDO OLIVO, Attorney at Law
(hereinafter referred to as the
"Olivo")
16289 Soriano Drive
Hacienda Heights, California 91745
RECITALS
WHEREAS, Eduardo Olivo provided Deputy City Attorney services
to the City from November 1, 1994 to March 31, 1999, represented the
City as its Assistant City Attorney from April 1, 1999 to October 31,
1999 and has served the City as its City Attorney since November 1,
1999; and
WHEREAS, the City and Olivo are parties to an Attorney
Employment Agreement that was entered into on or about April 1, 1999,
(hereinafter referred to as the "Agreement") under which Olivo was to
provide Assistant City Attorney and City Attorney services to the
City; and
WHEREAS, the City would like to change the relationship
between Olivo and the City such that Olivo will be considered an
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employee of the City for purposes of Public Employees' Retirement
System ("PERS") benefits; and
WHEREAS, Olivo wishes to assume the obligations, liabilities
and burdens of being an employee of the City; and
WHEREAS, the City of Vernon understands that Government Code
Section 37922 provides that a PERS pension will not vest unless the
employee has served for and contributed for at least five (5) years;
and
WHEREAS, Olivo has served the City full-time for seven (7)
years and, therefore, is eligible for PERS benefits; and
WHEREAS, City desires to continue a full service agreement
with Olivo to obtain legal services from Olivo who will function as an
integral part of the City staff, be a City resource and be available
for his duties during normal business hours, as needed; and
WHEREAS, Olivo and the City desire to amend the Agreement to
memorialize the changed relationship and to extend the term of the
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Section 5 of the Agreement entitled "Term" is
hereby amended to read as follows:
SECTION 5: TERM.
The term of this Agreement shall commence on July 28, 2002,
and terminate in the event written notice is given by either party
terminating this Agreement as provided for below. For purposes of
this section, City shall provide six (6) months written notice and
Olivo shall provide three (3) months written notice.
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SECTION 2: Section 6 of the Agreement entitled
COMPENSATION" is hereby amended to read as follows:
SECTION 6: COMPENSATION.
Neither City nor Olivo can accurately forecast the number of
hours of legal services required for a full service City Attorney
Department. Therefore, the City shall pay to Olivo a retainer salary
of Twenty Five Thousand Dollars ($25,000) per month, provide
membership in the Public Employees' Retirement System and pay his cost
of said membership which is to be credited to his account. The
parties are not precluded from negotiating merit considerations during
the term hereof.
Further, City shall pay to Olivo and Olivo agrees to accept
from City in addition to the above, in full payment for services
rendered in excess of One Hundred and Forty Two Hours (142) hours per
month, a fee for legal services of One Hundred Sixty Dollars ($160.00)
per hour for every hour of legal services provided in each month in
excess of said one hundred and forty-two (142) hours.
SECTION 3: Section 9 is hereby added to the Agreement
entitled `EXPENSE REIMBURSEMENT" to read as follows:
The City shall only reimburse Olivo, monthly, for expenses
incurred by Olivo for services undertaken for the City in the
performance of this Agreement, less 7% of $25,000, representing the
current monthly cost to the City for Olivo's CalPERS payment.
Such expenses shall include, but shall not be limited to,
lengthy document typing, obtaining documents from research libraries
or official agencies or the cost of travel and other expenses incurred
on business trips to meetings or official appearances on behalf of the
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1 City or other projects that Olivo is requested to undertake as
2 directed by the City Administrator or his authorized designee.
3 SECTION 4: In all other respects, the terms and conditions
4 of the Agreement shall be renewed in its entirety.
5 IN WITNESS WHEREOF, City and Consultant have executed this
6 Amendment as of the date first hereinabove set forth.
7 CITY OF VERNON
8 By:
LEONIS C. MALBURG, Mayor
9 ATTEST:
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11 BRUCE V. MALKENHORST, City Clerk
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14 EDUARD IVO
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' AMENDMENT NO. ONE
TO ATTORNEY EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. ONE TO THE ATTORNEY EMPLOYMENT AGREEMENT
is made, entered into and executed in duplicate originals, either copy
of which may be considered and used as the original hereof for all
purposes, as of this 28th day of July, 2002.
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND EDUARDO OLIVO, Attorney at Law
(hereinafter referred to as the
"Olivo")
16289 Soriano Drive
Hacienda Heights, California 91745
RECITALS
WHEREAS, Eduardo Olivo provided Deputy City Attorney services
to the City from November 1, 1994 to March 31, 1999, represented the
City as its Assistant City Attorney from April 1, 1999 to October 31,
1999 and has served the City as its City Attorney since November 1,
1999; and
WHEREAS, the City and Olivo are parties to an Attorney
Employment Agreement that was entered into on or about April 1, 1999,
(hereinafter referred to as the "Agreement") under which Olivo was to
provide Assistant City Attorney and City Attorney services to the
City; and
.WHEREAS, the City would like to change the relationship
oetween Olivo and the City such that Olivo will be considered an
1 employee of the City for purposes of Public Employees' Retirement
2 System ("PERS") benefits; and
3 WHEREAS, Olivo wishes to assume the obligations, liabilities
4 and burdens of being an employee of the City; and
5 WHEREAS, the City of Vernon understands that Government Code
6 Section 37922 provides that a PERS pension will not vest unless the
7 employee has served for and contributed for at least five (5) years;
8 and
9 WHEREAS, Olivo has served the City full-time for seven (7)
10 years and, therefore, is eligible for PERS benefits; and
11 WHEREAS, City desires to continue a full service agreement
12 with Olivo to obtain legal services from Olivo who will function as an
13 integral part of the City staff, be a City resource and be available
14 for his duties during normal business hours, as needed; and
15 WHEREAS, Olivo and the City desire to amend the Agreement to
16 memorialize the changed relationship and to extend the term of the
17 Agreement.
18 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
19 THE PARTIES HERETO AGREE AS FOLLOWS:
20 SECTION 1: Section 5 of the Agreement entitled "Term" is
21 hereby amended to read as follows:
22 SECTION 5: TERM.
23 The term of this Agreement shall commence on July 28, 2002,
24 and terminate in the event written notice is given by either party
25 terminating this Agreement as provided for below. For purposes of
26 this section, City shall provide six (6) months written notice and
27 Olivo shall provide three (3) months written notice.
28 / / /
1 SECTION 2: Section 6 of the Agreement entitled
2 "COMPENSATION" is hereby amended to read as follows:
3 SECTION 6: COMPENSATION.
4 Neither City nor Olivo can accurately forecast the number of
5 hours of legal services required for a full service City Attorney
6 Department. Therefore, the City shall pay to Olivo a retainer salary
7 of Twenty Five Thousand Dollars ($25,000) per month, provide
8 membership in the Public Employees' Retirement System and pay his cost
9 of said membership which is to be credited to his account. The
10 parties are not precluded from negotiating merit considerations during
11 the term hereof.
12 Further, City shall pay to Olivo and Olivo agrees to accept
13 from City in addition to the above, in full payment for services
14 rendered in excess of One Hundred and Forty Two Hours (142) hours per
15 month, a fee for legal services of One Hundred Sixty Dollars ($160.00)
16 per hour for every hour of legal services provided in each month in
17 excess of said one hundred and forty-two (142) hours.
18 SECTION 3: Section 9 is hereby added to the Agreement
19 entitled "EXPENSE REIMBURSEMENT" to read as follows:
20 The City shall only reimburse Olivo, monthly, for expenses
21 incurred by Olivo for services undertaken for the City in the
22 performance of this Agreement, less 70 of $25,000, representing the
23 current monthly cost to the City for Olivo's CalPERS payment.
24 Such expenses shall include, but shall not be limited to,
25 lengthy document typing, obtaining documents from research libraries
26 or official agencies or the cost of travel and other expenses incurred
27 on business trips to meetings or official appearances on behalf of the
28
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1 City or other projects that Olivo is requested to undertake as
2 directed by the City Administrator or his authorized designee.
3 SECTION 4: In all other respects, the terms and conditions
4 of the Agreement shall be renewed in its entirety.
5 IN WITNESS WHEREOF, City and Consultant have executed this
6 Amendment as of the date first hereinabove set forth.
7 CITY OF VERNON
8 By:
9 LEONIS C. MALB G, Mayor
ATTEST:
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11 BRUCE V. MALKENHORST, City Clerk
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14 EDUARDO OLIVO
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Eduardo Olivo, Esq.
16289 Soriano Drive
Hacienda Heights, CA 91745
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
September 24, 2002
Re: Amendment No. One to Attorney Employment Agreement
Dear Mr. Olivo:
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Transmitted herewith is a duplicate original copy of the above
referenced agreement, which was approved by the Vernon City Council on
September 4, 2002.
Very truly yours,
ria Oro o
Chief Dep y City Clerk
GJO/gm
CC: Gloria Orosco
Resolution No. 8033
Agreement No. 02-066