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HomeMy WebLinkAbout11. Extend Interim City Atty AGENDA MEMO DATE: October 26, 2010 TO: Mayor and Members of the City Council FROM: Gerald M. Caton City Manager SUBJECT:EXTENSION OF APPOINTMENT AND CONTRACT FOR INTERIM CITY ATTORNEY AND GENERAL COUNSEL FOR COMMUNITY DEVELOPMENT COMMISSION RECOMMENDATION: That the City Council adopt the attached Resolution and approve the attached amendment to agreement between the City of Downey and Charles S. Vose extending the appointment as Interim City Attorney and Interim General Counsel to the Community Development Commission up to a maximum of two additional months while the City continues to recruit a new City Attorney. DISCUSSION: On August 10, 2010 Mr. Vose accepted the appointment of Interim City Attorney for a period not to exceed three (3) months. That period expires on November 1, 2010. The City continues to recruit for a new City Attorney. The amendment will extend his services no more than two (2) additional months. All of the terms of the contract remain the same. Atts: Resolution Amendment to Agreement CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. 10-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING THE APPOINTMENT OF CHARLES S. VOSE AS INTERIM CITY ATTORNEY AND INTERIM GENERAL COUNSEL FOR THE COMMUNITY DEVELOPMENT COMMISSION AND APPROVING AN AMENDMENT TO THE AGREEMENT. WHEREAS, Charles S. Vose was appointed Interim City Attorney for the City of Downey and Interim General Counsel for the Community Development Commission, effective August 1, 2010 for a period not to exceed three months. That period expires on November 1, 2010; and WHEREAS , the City continues to recruit for a new City Attorney. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the appointment of Charles S. Vose as Interim City Attorney for the City of Downey and Interim General Counsel for the Community Development Commission, is hereby extended for up to an additional two (2) months, effective November 1, 2010. The Amendment to Agreement for services between the City of Downey and Charles S. Vose, attached hereto as Exhibit “A” and by this reference incorporated herein, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. th APPROVED AND ADOPTED this 26 day of October, 2010. __________________________ ANNE M. BAYER, Mayor ATTEST: _______________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of th the City of Downey at a regular meeting thereof held on the 26 day of October, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: _______________________________ KATHLEEN L. MIDSTOKKE, City Clerk AMENDMENT TO AGREEMENT FOR INTERIM CITY ATTORNEY AND GENERAL COUNSEL SERVICES THIS AMENDMENT TO AGREEMENT FOR INTERIM CITY ATTORNEY AND GENERAL COUNSEL SERVICES (the “Amendment”) is entered into this 26th day of October, 2010, by and among the CITY OF DOWNEY, a municipal corporation (hereinafter “City”), and Charles S. Vose (hereinafter “Contractor”). RECITALS 1. In August of 2010, City and Contractor entered into Agreement for Interim City Attorney and General Counsel Services (“Agreement”) to provide certain City Attorney and General Counsel Services. 2. City and Consultant desire to extend the Agreement for an additional period not to exceed two (2) months. NOW, THEREFORE , in view of the above-recitals and mutual promises and covenants contained herein, the parties agree as follows: AGREEMENT Section 1.Validity of Agreement. Except as expressly amended in this Amendment, the Agreement shall remain in full force and effect. Other than the specific matters set forth in this Amendment, this Amendment is not intended to modify the responsibilities of the parties. Section 2.Amendment of Term of Agreement. City and consultant hereby amend paragraph 9 on page 3 of the Agreement to state as follows: “9. Term of Agreement. This agreement shall terminate within five (5) months of the date first written above, unless otherwise extended by mutual agreement, or terminated by either party with ten (10) days written notice.” Executed at Downey, California, on the day and year first written above. “Contractor”: “City” Charles S. Vose City of Downey, A Municipal Corporation By:_____________________________ By: ________________________ CHARLES S. VOSE ANNE M. BAYER, Mayor Date:___________________________ Date:_______________________ ATTEST: ______________________________________ KATHLEEN L. MIDSTOKKE, City Clerk Date:____________________________