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Resolution No. 86241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. ONE TO ATTORNEY -CLIENT CONTRACT BY AND BETWEEN THE CITY OF VERNON AND REVERE & WALLACE WHEREAS, on August 4, 2004, the City Council of the City of Vernon adopted Resolution No. 8509 approving an Attorney -Client Contract (the "Contract") with Revere & Wallace ("Revere") for legal services regarding public benefits resource projects and other (services; and WHEREAS, on December 14, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, the Director of Finance, dated December 9, 2004, that an amendment to the Contract with Revere to modify the hourly rate for Partners to reflect the original fee proposal be approved and executed; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an amendment to the Contract with Revere. 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.` SECTION 2: The City Council of the City of Vernon hereby approves the Amendment No. One to Attorney -Client Contract with Revere, lin substantially the same form as the copy which is attached hereto as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to transmit an executed Amendment to the following: Revere & Wallace Attn. Frank Revere, Esq. 900 Wilshire Blvd., Suite 730 Los Angeles, CA 90017-4708 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 15th day of December, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk r EONIS C. MA BURG, Aayor - 2 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 8624, 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 December 15, 2004, and thereafter was duly signed by the Mayor of the 9 City of Vernon. 10 11 BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - EXHIBIT VA& AMENDMENT NO. ONE TO ATTORNEY -CLIENT CONTRACT This Amendment No. One Attorney -Client Contract (the "Amendment") executed this 15'' day of December, 2004, is entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, by and among the City of Vernon ("the City") and Revere & Wallace ("Revere"), 900 Wilshire Blvd., Ste. 730, Los Angeles, CA 90017. WHEREAS, the City and Revere are parties to an Attorney -Client Contract dated on or about August 4, 2004 (hereinafter referred to as the "Agreement") under which Revere was to provide legal services to the City; and WHEREAS, the City and Revere desire to amend the Agreement to increase the hourly rate for Partners set forth in the Rate Schedule attached to the Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The hourly rate for "Partners" set forth in Subsection A, HOURLY RATES FOR LEGAL PERSONNEL, of the Rate Schedule attached to the Agreement is hereby amended to read as follows: Partners ......... $365.00. 2. In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney Lo CITY OF VERNON LEONIS C. MALBURG, Mayor REVERE & WALLACE FRANK REVERE CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro —Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk Chief Executive Officer of Light & Power FAX: (323) 826-1438 Finance Committee City of Vernon CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 ERIC T. FRESCH City Attorney FAX: (323) 826-1439 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 SOL BENUDIZ Police Chief FAX: (323) 826-1481 LEWIS J. POZZEBON Director of Environmental Health FAX: (323) 588-4320 December 9, 2004 11 vl 01,t4 1 Honorable Members:` At this time it is necessary that Amendment No. One to the existing contract with Revere & Wallace be approved to increase the hourly rate for Partners from $220.00 to $365.00 to reflect the original fee schedule quoted. The rates for Associates, Paralegals, and Law Clerks will remain the same. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One to the existing contract with Revere & Wallace be approved and executed. Very truly yours, Bruce V. Malkenhorst Director of Finance BVM/gm CITY ATTORNEY' S OFFICE r INTER -DEPARTMENT MEMORANDUM DATE: December 8, 2004 TO: Bruce V. Malkenhorst, City Administrator/City Clerk FROM: Eric T. Fresch, City Attorney r` V-11-) Re: Amendment No. One to the Attorney -Client Contract with Revere & Wallace Dear Bruce: I recommend that the City modify the Attorney -Client Contract (the "Contract") with Revere & Wallace ("Revere") dated on or about August 4, 2004 and approved by Resolution No. 8509, to increase the hourly rate for Partners from $220 to $365 to reflect the original fee schedule quoted. The remaining rates for Associates, Paralegals and Law Clerks remain the same. I further recommend that the City Attorney be authorized to prepare an Amendment No. One to the Attorney -Client Contract to modify the necessary provisions of the Contract and that said Amendment be approved. I look forward to discussing this matter with you at your earliest convenience. EF: j 1 Enclosure