Resolution No. 92631
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RESOLUTION NO. 9263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO EMPLOYMENT AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND BRUCE V.
MALKENHORST, JR. FOR LEGAL SERVICES
WHEREAS, on January 17, 2007, the City Council of the City
of Vernon adopted Resolution No. 9217 approving and authorizing the
execution of an Employment Agreement (the "Agreement") with Bruce V.
Malkenhorst, Jr. ("Malkenhorst") to perform legal services as an
Assistant City Attorney II for the City of Vernon; and
WHEREAS, the City and Malkenhorst desire to amend Section
4.2, Additional Hours and Salary, of the Agreement to lower the rate
for hours in excess of 100 hours from $365 to $225 per hour; and
WHEREAS, City staff have recommended that an amendment to
the Agreement with Malkenhorst be approved and executed.
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
land correct.
SECTION 2: The City Council of the City of Vernon hereby -
approves Amendment No. One to Employment Agreement with Bruce V.
Malkenhorst, Jr., in substantially the same form as Exhibit A which
attached hereto and incorporated herein 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 Acting City Clerk is hereby authorized to
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attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Acting City Administrator, or his designee, to make
whatever nonsubstantive, administrative and/or text changes, upon
advice of counsel, to the Amendment.
SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or her designee, to send one fully
executed Amendment to:
Bruce V. Malkenhorst, Jr.
Assistant City Attorney
4305 Santa Fe Avenue
Vernon, CA 90058
SECTION 6: 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.
ST:
UELA GIRON, Acting City Clerk
HILARIO GONZAL S, Mayor Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
9263, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Monday, March 5, 2007,
and thereafter was duly signed by the Mayor Pro-Tem of the City of
Vernon.
I (SEAL)
NUELA GIItON,�Acting City Clerk
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EXHIBIT
FAW
AMENDMENT NO. ONE TO EMPLOYMENT AGREEMENT
This Amendment No. One to Employment Agreement (the "Amendment")
executed this 5ch day of March, 2007, 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, a municipal corporation ("the City") and BRUCE
V. MALKENHORST, JR., an Individual ("Malkenhorst").
WHEREAS, the City and Malkenhorst are parties to an Employment Agreement
dated January 17, 2007 (hereinafter referred to as the "Agreement") under which
Malkenhorst was to provide legal services to the City; and
WHEREAS, the City and Malkenhorst desire to amend the Agreement to modify
Section 4.2, "Additional Hours and Salary " of the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
follows:
Section 4.2, Additional Hours and Salary, is hereby amended to read as
"4.2 Additional Hours and Salary. Notwithstanding the
above, Malkenhorst agrees to be reasonably available for
additional hours of service as requested by the City
Attorney, or his authorized designee, as reasonably
required to perform his duties as Assistant City Attorney II,
and shall be paid at the rate of $225 per hour for each hour
(or portion thereof) that he works in a month in excess of
100 hours."
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.
City of Vernon
HILARIO GONZALTS
Mayor Pro-Tem
A IT:
MANUELA GhRON, Acting City Clerk
APPROVED AS TO FORM:
)N, Acting City Attorney
BRUCE V. MALKENHORST, JR.
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SUPPORTING
DOCUMENTS
r
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3 � t
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 8, 2007
Mr. Bruce V. Malkenhorst, Jr.
Assistant City Attorney
4305 Santa Fe Avenue
Vernon, California 90058
Re: Amendment No. One to Employment Agreement
Dear Mr. Mal ors 6Wk,4'-,
Transmitted herewith is a fully executed amendment, as referenced
above, approved by City Council on March 5, 2007, through Resolution
No. 9263.
Very truly yours,
/)
e ron
Acting City Clerk
NG:dr
c: Martha Valenzuela
Resolution No. 9263
Agreement File No. 07-009