Resolution No. 82251 RESOLUTION NO. 8225
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO. ONE TO AGREEMENT FOR LEGAL CONSULTING
5 SERVICES BY AND AMONG THE CITY OF VERNON, THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON AND THE
6 LAW OFFICES OF DAVID B. BREARLEY
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8 WHEREAS, on July 3, 2002, the City Council of the City of
9 Vernon adopted Resolution No. 8018 approving and authorizing the
10 execution of an Agreement for Legal Consulting Services (the
11 "Agreement") with the Law Offices of David B. Brearley ("Brearley")
12 and the Redevelopment Agency of the City of Vernon (the "Agency") for
13 assistance on issues relating to municipal business and economic
14 matters, especially municipal utility and some redevelopment project
15 issues; and
16 WHEREAS, Brearley has requested that the term of the
17 Agreement be extended to and including June 30, 2004; and
18 WHEREAS, Bruce V. Malkenhorst has previously informed the
19 City Council that he is disqualifying himself from participating in
20 any manner, in activities relating to the consideration and/or
21 implementation of any contract by and between Brearley, the Agency and
22 the City of Vernon; and
23 WHEREAS, the City Council hereby declares that it has not
24 discussed this matter with Bruce V. Malkenhorst, the City
25 Administrator/City Clerk; and
26 WHEREAS, Eduardo Olivo ("Olivo"), the City Attorney of the
27 City of Vernon, has met with Brearley to discuss and negotiate on
28 behalf of the City Council an amendment to the Agreement; and
1 WHEREAS, Olivo has informed the City Council that he has
2 discussed and negotiated with Brearley an Amendment No. One to the
3 Agreement that he believes is fair and reasonable and recommends
4 approval of the proposed Amendment No. One to the Agreement; and
5 WHEREAS, the City of Vernon agrees to amend the Agreement
6 with Brearley in order to extend the term and desires to remove the
7 provision relating to medical insurance and annual -physical.
8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
9 CITY OF VERNON AS FOLLOWS:
10 SECTION 1: The City Council of the City of Vernon hereby
11 finds and determines that the recitals contained hereinabove are true
12 and correct.
13 SECTION 2: The City Council of the City of Vernon hereby
14 declares that it has not requested and has not received any
15 information or assistance from Bruce V. Malkenhorst, City
16 Administrator/City Clerk, and is relying solely on the discussions
17 with Olivo concerning the negotiations with Brearley and is accepting
18 the recommendations of Olivo concerning said negotiations.
19 SECTION 3: The City Council of the City of Vernon hereby
20 approves Amendment No. One to Agreement for Legal Consulting Services
21 with Brearley, a copy of which is attached hereto as Exhibit "A" and
22 made a part hereof.
23 SECTION 4: The City Council of the City of Vernon hereby
24 authorizes the Mayor and the City Clerk to execute said Amendment for,
25 and on behalf of, the City of Vernon.
26 SECTION 5: ' The City Council of the City of Vernon hereby
27 directs the City Clerk, or his designee, to send one fully executed
28 Amendment to:
Law Offices of David B. Brearley
2440 S. Hacienda Blvd., Suite 223
Hacienda Heights, CA 91745
SECTION 6: 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 6tn day of August, 2003.
LEONIS C. MALB G, Ma or
ATTEST:
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 Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8225, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, August 6,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AMENDMENT NO. ONE TO AGREEMENT FOR LEGAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON, THE REDEVELOPMENT AGENCY FOR THE
CITY OF VERNON AND THE LAW OFFICES OF DAVID B. BREARLEY
THIS AMENDMENT NO. ONE TO THE AGREEMENT FOR LEGAL CONSULTING
SERVICES (the "Amendment") is made, entered into and executed in
triplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this 6th day of August,
2003,
BY AND BETWEEN -THE CITY OF VERNON, (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON, (hereinafter
referred to as "Agency")
4305 Santa Fe Avenue
Vernon, CA 90058
AND LAW OFFICES OF DAVID B. BREARLEY
(hereinafter referred to as
"Brearley")
2440 South Hacienda Blvd., #223
Hacienda Heights, CA 91745
RECITALS
WHEREAS, David B. Brearley began serving City as its City
Attorney on July 1, 1977; and
WHEREAS, David B. Brearley retired as City Attorney of the
City effective October 31, 1999, pursuant to the provisions of the
Public Employees Retirement System; and
WHEREAS, David B. Brearley upon his retirement became subject
to the provisions of Government Code Section 21224, which limits his
activities for City so that they shall not exceed 960 hours in any
calendar year; and
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WHEREAS, on July 3, 2002, City and Agency entered into an
Agreement for Legal Consulting Services with the Law Offices of David
B. Brearley (the "Agreement") for assistance on issues related to
municipal business, economic matters, matters particularly related to
City's municipal utilities and redevelopment issues; and
WHEREAS, the term of the Agreement was for one year, up to
and including June 30, 2003; and
WHEREAS, Brearley, City and Agency desire to amend the
Agreement to extend the term of the Agreement and remove the provision
relating to medical insurance and annual physical for Brearley.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Section IV of the Agreement entitled "TERM OF
AGREEMENT AND TIME OF PERFORMANCE" is hereby amended to read as
follows:
"Brearley's services herewith shall commence on
July 1, 2003, and shall terminate on June 30, 2004,
unless otherwise terminated or extended."
SECTION 2: Subsection 2 of Section V of the Agreement,
entitled "Medical Insurance" is hereby deleted.
SECTION 3: The Exhibit A, which is referred to in Section
VI, entitled "METHOD OF PAYMENT", shall be amended to provide that
deferred payments will apply to different deferred time periods in the
future. (See attached Exhibit A.)
SECTION 4: In all other respects, the terms and conditions
of the Agreement shall be renewed in its entirety.,
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IN WITNESS WHEREOF, City, Agency and Brearley have executed
this Amendment as of the date first hereinabove set forth.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
(ATTEST:
BRUCE V. MALKENHORST, Secretary
APPROVED AS TO FORM:
IEDUARDO OLIVO, Legal Counsel
By:
LEONIS C. MALBURG, Mayor
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
By:
LEONIS C. MALBURG, Chairman
LAW OFFICES OF DAVID B. BREARLEY
BY:
DAVID B. BREARLEY
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EXHIBIT A.
EXHIBIT "A"
LEGAL CONSULTING SERVICES AGREEMENT
JULY 1, 2003 - JUNE 30, 2004
CURRENT
COMPENSATION EARNED
PAYMENTS
DEFERRED PAYMENTS
1.
$20,000
JULY
2003
-0-
1 a pay
$10,000 -
July 15, 2006
lb pay
$10,000 -
August 15, 2006
2.
$20,000
AUGUST
2003
-0-
2a pay
$10,000 -
September 15, 2006
2b pay
$10,000 -
October 15, 2006
3.
$20,000
SEPTEMBER 2003
-0-
3a pay
$10,000 -
November 15, 2006
3b pay
$10,000 -
December 15, 2006
4.
$20,000
OCTOBER
2003
-0-
4a pay
$10,000 -
January 15, 2007
4b pay
$10,000 -
February 15, 2007
5.
$20,000
NOVEMBER
2003
-0-
5a pay
$10,000 -
March 15, 2007
5b pay
$10,000 -
April 15, 2007
6.
$20,000
DECEMBER
2003
-0-
6a pay
$10,000 -
May 15, 2007
6b pay
$10,000 -
June 15, 2007
7.
$20,000
JANUARY
2004
-0-
7a pay
$10,000 -
July 15, 2007
7b pay
$10,000 -
August 15, 2007
8.
$20,000
FEBRUARY
2004
-0-
8a pay
$10,000 -
September 15, 2007
8b pay
$10,000 -
October 15, 2007
9.
$20,000
MARCH
2O04
-0-
9a pay
$10,000 -
November 15, 2007
9b pay
$10,000 -
December 15, 2007
10.
$20,000
APRIL
2004
-0-
I Oa pay
$10,000 -
January 15, 2008
1 Ob pay
$10,000 -
February 15, 2008
11.
$20,000
MAY
2004
-0-
1 la pay
$10,000 -
March 15, 2008
11 b pay
$10,000 -
April 15, 2008
12.
$20,000
JUNE
2004
-0-
12a pay
$10,000 -
May 15, 2008
12b pay
$10,000 -
June 15, 2008
A-1
1 AMENDMENT NO. ONE TO AGREEMENT FOR LEGAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND LAN OFFICES OF DAVID 8, BREARLEY
2
3 THIS AMENDMENT NO. ONE TO THE AGREEMENT FOR LEGAL CONSULTING
4 SERVICES (the "Amendment") is made, entered into and executed in
5 duplicate originals, either copy of which may be considered and used as'l
6 the original hereof for all purposes, as of this 16th day of July,_2003,,
7
BY AND BETWEEN THE CITY OF VERNON, (hereinafter
8 referred to as the "City")
4305 Santa Fe Avenue
9 Vernon, CA 90058
10 AND LAW OFFICES OF DAVID B. BREARLEY
11 (hereinafter referred to as
"Brearley")
12 2440 South Hacienda Blvd., #223
13 Hacienda Heights, CA 91745
14 RECITALS
15 WHEREAS, David B. Brearley began serving the City as its City
16 Attorney on July 1, 1977; and
17 WHEREAS, David B. Brearley retired as City Attorney of the
18 City effective October 31, 1999, pursuant to the provisions of the
19 Public Employees Retirement System; and
20 WHEREAS, David B. Brearley upon his retirement became subject
21 to the provisions of Government Code Section 21224, which limits his
22 activities for City so that they shall not exceed 960 hours in any
23 calendar year; and
24 WHEREAS, on July 3, 2002, the City entered into an Agreement
25 for Legal Consulting Services with the Law Offices of David B. Brearley
26 (the "Agreement") for assistance on issues related to municipal
27 business, economic matters and matters particularly related to City's
28 municipal utilities; and
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1 WHEREAS, the term of the Agreement was for one year, up to
2 and including June 30, 2003; and
3 WHEREAS, Brearley and the City desire to amend the Agreement
4 to extend the term of the Agreement and remove the provision relating
5 to medical insurance and annual physical for Brearley.
6 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
7 THE PARTIES HERETO AGREE AS FOLLOWS:
8 SECTION 1: Section IV of the Agreement entitled "TERM OF
9 AGREEMENT AND TIME OF PERFORMANCE" is hereby amended to read as
10 follows:
11 "Brearley's services herewith shall commence on July
12 1, 2003, and shall terminate on June 30, 2004, unless
I
13 otherwise terminated or extended."
14 SECTION 2: Subsection 2 of Section V of the Agreement,
15 entitled "Medical Insurance" is hereby deleted.
16 SECTION 3: The Exhibit A, which is referred to in Section
17 VI, entitled "METHOD OF PAYMENT", shall be amended to provide that
18 deferred payments will apply to different deferred time periods in the
19 future. (See attached Exhibit A.)
20 SECTION 4: In all other respects, the terms and conditions
21 of the Agreement shall be renewed in its entirety.
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1 IN WITNESS WHEREOF, City and Brearley have executed this
2 Amendment as of the date first hereinabove set forth.
3 CITY OF VERNON
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5 By:
LEONIS C. MALBURG, Mayor
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7 ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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11 APPROVED AS TO FORM:
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14 EDUARDO OLIVO, City Attorney
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LAW OFFICES OF DAVID B. BREARLEY
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18 BY:
19 DAVID B. BREARLEY
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EXHIBIT "A"
LEGAL CONSULTING SERVICES AGREEMENT
JULY 1, 2003 - JUNE 30, 2004
CURRENT
COMPENSATION EARNED PAYMENTS DEFERRED PAYMENTS
1. $20,000 JULY 2003 -0- la pay $10,000 - July 15, 2006
2. $20,000 AUGUST 2003
3. $20,000 SEPTEMBER 2003
4. $20,000 OCTOBER 2003
5.
$20,000
NOVEMBER 2003
6.
$20,000
DECEMBER 2003
7.
$20,000
JANUARY 2004
8.
$20,000
FEBRUARY 2004
1 9. $20,000 MARCH 2O04
10.
$20,000 APRIL
2004
11.
$20,000 MAY
2004
12.
$20,000 JUNE
2004
lb pay $10,000 - August 15, 2006
-0-
2a pay
$10,000 -
September 15, 2006
2b pay
$10,000 -
October 15, 2006
-0-
3a pay
$10,000 -
November 15, 2006
3b pay
$10,000 -
December 15, 2006
-0-
4a pay
$10,000 -
January 15, 2007
4b pay
$10,000 -
February 15, 2007
-0-
5a pay
$10,000 -
March 15, 2007
5b pay
$10,000 -
April 15, 2007
-0-
6a pay
$10,000 -
May 15, 2007
6b pay
$10,000 -
June 15, 2007
-0-
7a pay
$10,000 -
July 15, 2007
7b pay
$10,000 -
August 15, 2007
-0-
8a pay
$10,000 -
September 15, 2007
8b pay
$10,000 -
October 15, 2007
-0-
9a pay
$10,000 -
November 15, 2007
9b pay
$10,000 -
December 15, 2007
-0-
1 Oa pay
$10,000 -
January 15, 2008
l Ob pay
$10,000 -
February 15, 2008
-0-
l la pay
$10,000 -
March 15, 2008
l lb pay
$10,000 -
April 15, 2008
-0-
12a pay
$10,000 -
May 15, 2008
12b pay
$10,000 -
June 15, 2008
A-1
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
f
A
j EDVJA D0 OLIVO
ttorney
Ol•� I Q 1,1 62) :869�488
V v KE SON
Director of unity Services & Water
X: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
July 17, 2003
ss
Finance Committee Members
City of Vernon 0
RE: Proposed Amendment No. One to Agreement for Legal Consulting
Services with the Law Offices of David B. Brearley
Honorable Members:
As you know the City Council referred the above referenced matter to
the Finance Committee for further review. A copy of the proposed
agreement was given to each member of the Council on July 16, 2003.
This matter will be on the July 22, Finance Committee Agenda and I am
providing you a copy of the proposed resolution of the city council
and the proposed amendment for your review prior to the meeting. If
you have any questions do not hesitate to contact this office or the
City Attorney.
Very truly yours,
0 la!o J., ros o
Chief Dep ty City Clerk
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
July 10, 2003
The Honorable City Council of
the City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
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
Re: Amendment No. One to Agreement for Legal Consulting
Services with Law Offices of David B. Brearley
Gentlemen:
As you know, we have entered into a consulting agreement
with the Law Firm of David B. Brearley in connection with
services related primarily to utility matters as well as
assistance on various legislative and redevelopment issues.
The term of the Agreement for Legal Consulting Services
ends on June 30, 2003, and Mr. Brearley has requested that the
Agreement be extended for another year.
I request that approval of an amendment to the Agreement be
placed on the agenda for the consideration of the City Council
at its meeting of July 16, 2003.
If you have any questions or comments, please contact me.
Sincerely,
Eduardo Olivo
City Attorney
EO:j1
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
August 19, 2003
Law Offices of David B. Brearley
2440 S. Hacienda Blvd., Suite 223
Hacienda Heights, CA 91745
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
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
Re: Amendment No. One to Agreement for Legal Consulting Services by
and between the City of Vernon, the Redevelopment Agency for the
City of Vernon and the Law Offices of David B. Brearley
Dear Mr. Brearley:
Transmitted herewith is a duplicate original of the above referenced
amendment approved by the Vernon'City Council on August 6, 2003.
If you have any questions regarding this matter, please call Mr.
Eduardo Olivo, City Attorney, at (323) 583-8811 ext. 310.
Very truly yours,
`Gloria J. rosco
Chief Deputy City Clerk
GJO/gm
CC: Eduardo Olivo
Dolores Fonseca
Resolution No. 8225
Agreement No. 03-067