Resolution No. 94231
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RESOLUTION NO. 9423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. TWO 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, on March 5, 2007, the City Council of the City of
Vernon adopted Resolution No. 9263 amending the Agreement to modify the
rate for hours worked in excess of 100 hours; and
WHEREAS, Malkenhorst has requested that the Agreement be
amended to increase the number of hours of service for the current base
salary from 100 hours to a minimum of 160 hours and to increase the
number of hours of service for additional pay from in excess of 100
hours to in excess of 185 hours with the current base salary and rates
remaining the same; 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
27 and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves Amendment No. Two to Employment Agreement with Bruce V.
Malkenhorst, Jr., a copy of which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem 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 her designee, to send one fully executed
Amendment to:
Bruce V. Malkenhorst, Jr.
Assistant City Attorney
4305 Santa Fe Avenue
Vernon, CA 90058
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 2nd day of October, 2007.
A TEST:
MAhU-ELA GIRO , City Clerk
Name: Leonis C. Malburg
Title: Mayor or
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(STATE OF CALIFORNIA
ss
(COUNTY OF LOS ANGELES
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9423, was
duly adopted by the City Council of the City of Vernon at an adjourned
regular meeting of the City Council duly held on Tuesday, October 2,
2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
(SEAL)
UELA GIRON/ City Clerk
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EXHIBIT
ol
AMENDMENT NO. TWO TO EMPLOYMENT AGREEMENT
This Amendment No. Two to Employment Agreement (the "Amendment")
executed this I" day of October, 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, as amended on March 5, 2007 (hereinafter collectively 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 4.1, "Hours and Base Salary," and Section 4.2, "Additional Hours and Salary," of
the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Section 4.1, Hours and Base Salary, is hereby amended to read as follows:
"4.1 Hours and Base Salary. Malkenhorst shall provide a
minimum of 160 hours of services a month as Assistant
City Attorney II. Malkenhorst's base salary shall be
$21,032 per month.
2. Section 4.2, Additional Hours and Salary, is hereby amended to read as
follows:
"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
185 hours."
3. 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:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
JEFF A. HARRISON, City Attorney
City of Vernon
Name:
Title: Mayor / Mayor Pro Tern
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SUPPORTING
DOCUMENTS
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 16, 2007
Mr. Bruce V. Malkenhorst, Jr.
Assistant City Attorney
4305 Santa Fe Avenue
Vernon, California 90058
Re: Amendment No. Two to Employment Agreement
Dear Mr. Malkenhorst:
Transmitted herewith is a fully executed amendment, as referenced
above, approved by City Council on October 2, 2007, through Resolution
No. 9423.
Very truly yours,
Nelly Giron
City Clerk
NG:dr
c: Martha Valenzuela
Resolution No. 9423
Agreement File No. 07-108
E�cfusively Industrial
AMENDMENT NO. TWO TO EMPLOYMENT AGREEMENT
This Amendment No. Two to Employment Agreement (the "Amendment")
executed this 1st day of October, 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, as amended on March 5, 2007 (hereinafter collectively 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 4.1, "Hours and Base Salary," and Section 4.2, "Additional Hours and Salary," of
the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Section 4.1, Hours and Base Salary, is hereby amended to read as follows:
"4.1 Hours and Base Salary. Malkenhorst shall provide a
minimum of 160 hours of services a month as Assistant
City Attorney II. Malkenhorst's base salary shall be
$21,032 per month.
2. Section 4.2, Additional Hours and Salary, is hereby amended to read as
follows:
"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
185 hours."
3. 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.
A EST:
MANUELA GIRON, ity Clerk
APPROVED AS TO FORM:
ON, City Attorney
City of Vernon
By: If
Name:_ LEON I S C . MALBURG
Title: Manor /?QGrCK(
BRUCE It, MALKENHORST, JR.
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