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Resolution No. 91791 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. 9179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED GENERAL COUNSEL AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND KARNS & KARABIAN WHEREAS, by Resolution No. 8823 adopted on August 3, 2005, the City Council of the City of Vernon approved an Amended General Counsel (the "Agreement") with Karns & Karabian ("K&K") to serve as the City's General Counsel; and WHEREAS, the City desires to amend the Agreement to modify and clarify the parties' relationship and obligations respecting Jeffrey A. Harrison serving as the City's Acting City Attorney; 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 agreement with K&K. 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 Number One to Amended General Counsel Agreement with K&K, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. The City hereby retains Harrison as the Acting City Attorney on the terms and conditions contained in the Amendment. 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 SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor Pro-Tem to execute said Amendment for, and on behalf of; the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Amendment to: Karns & Karabian Attn. John Karns, Esq. 900 Wilshire Blvd., Suite 530 Los Angeles, CA 90017 SECTION 5: The Acting 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 13th day of December, 2006. ATTEST: l BRUCE V. MALKENHORST, JR. Acting City Clerk THOMAS A. Y ARRA, Mayor Pro-Tem - 2 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9179, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, December 13, 2006, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. BRUCE. V. MALKENHORST, JR. Acting City Clerk (SEAL) - 3 - d EXHIBIT A AMENDMENT NUMBER ONE TO AMENDED GENERAL COUNSEL AGREEMENT This Amendment Number One to Amended General Counsel Agreement ("Amendment No. One") is entered into on December 13, 2006, ("Effective Date"), by and between THE CITY OF VERNON, a municipal corporation ("City") and Karns & Karabian, a law firm ("K&K"), based on the following facts and circumstances: 1. The City and K&K desire to amend the Amended General Counsel Agreement (the "Agreement"), such that Jeffrey A. Harrison ("Harrison") shall now be the City's Acting City Attorney. Now, therefore, the parties agree as follows: A.1. City Attorney. The title of "Chief Assistant City Attorney" in the Agreement shall be changed to Acting City Attorney for purposes of all sections of the Agreement. B.2. Budgets and Costs. K&K shall submit to the City Administrator for his approval a forward estimated monthly budget of attorney time and matters projected for work by K&K attorneys on behalf of the City. Attached to this Amendment No. One, and made a part hereof, is the current hourly rates for all K&K attorneys, which schedule shall not be adjusted without prior approval of the City Council. C.3. Inte r_g ation. This Amendment No. One, the Agreement and all the existing Agreements remain in full force and effect. All defined terms herein have the meanings ascribed to them in the Agreement. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, each of the parties has executed this Amendment No. One, in the case of the City by its duly authorized representative, in duplicate, as of the day and year first above written. ATT IIn 01910/0001 124767.1 CITY OF VERNON a Municipal Corporation By:"'�� XXxo1jJ W0CX Aftg T omas A. Ybarra Max Mayor Pro-Tem Approved as to Form: By: Eric Fresch Assistant City Attorney Karns & Karabian Bz' i John Karns Consent: I hereby consent to the above Agreement and agree to perform in accordance with its terms. Jef I Harrison 2 01910/0001 124767.1 KARNS AND KARABIAN HOURLY RATES Partners $650 per hour Senior Associates/Of Counsel $365 per hour Associates $220 per hour 01910/0001 124767.1 1 4305 Santa Fe Avenue, Vernon,California90058 Telephone (323) :: March 7, 2007 Karns & Karabian Attn: John Karns, Esq. 900 Wilshire Blvd., Suite 530 Los Angeles, CA 90017 Re: Amended General Counsel Agreement - Amendment No. One Dear Mr. Karns: Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on December 13, 2006, through Resolution No. 9179. If you have any questions regarding this matter, please call Mr. Jeff Harrison, at (323) 583-8811 ext. 225. Very truly yours, ]Nell"yvGrdn Acting City Clerk NG:dr CC: Resolution No. 9179 Agreement File No. 06-137 r 1 2 3 4 5 6 VA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RESCINDING AMENDED GENERAL COUNSEL AGREEMENT DATED AUGUST 3, 2005 AND RESCINDING PART OF AMENDED GENERAL COUNSEL AGREEMENT DATED DECEMBER 13, 2006 WITH KARNS & KARABIAN WHEREAS, Karns & Karabian ("K&K") has been providing General Counsel services to the City since 2002; and WHEREAS, on August 3, 2005, the City Council of the City of Vernon approved an Amended General Counsel Agreement with K&K to expand the scope of services and provide the services of Jeff A. Harrison ("Harrison") to act as the City's Chief Assistant City Attorney and to change Harrison's status to employee of the City; and WHEREAS, on December 13, 2006, the City Council of the City of Vernon approved an Amendment Number One to Amended General Counsel Agreement with K&K to clarify the parties' relationship and obligations respecting Jeff A. Harrison serving as the City's Acting City Attorney; and WHEREAS, on March 5, 2007, the City Council of the City of Vernon adopted Resolution No. 9260 appointing Harrison as the City Attorney of the City of Vernon and adopted Resolution No. 9259 approving an Employment Agreement with Harrison setting the terms and conditions under which Harrison will perform the services of the City lAttorney; and WHEREAS, the City desires to rescind the Amended General Counsel Agreement dated August 3, 2005 with K&K and partially rescind Amendment Number One to Amended General Counsel Agreement with K&K to jimplement the employment status change of Harrison. 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 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 rescinds the Amended General Counsel Agreement dated August 3, 2005 with K&K and partially rescind Amendment Number One to Amended General Counsel Agreement with K&K with the rates contained therein remaining in effect. SECTION 3: The Acting 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 5th day of March, 2007. EST: LA GIRON, A#ing City Clerk HILARIO GONZAL S, Mayor Pro-Tem - 2 - A 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 9261, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Monday, March 5, 2007, 8 and thereafter was duly signed by the Mayor Pro-Tem of the City of 9 Vernon. 10 11 MANUELA GIRON,pActing City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 -