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Resolution 2017-06RESOLUTION NO. 2017-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING CITY ATTORNEY AND APPROVING SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES WHEREAS, City Attorney services have been performed for the City of Gilroy by Berliner Cohen, LLP ( "Berliner Cohen "), previously called Berliner Cohen, a General Partnership, and Berliner, Cohen and Biagini, since 1991; and WHEREAS, the contract for services between City of Gilroy and Berliner Cohen is entitled "Amended and Restated Agreement for Legal Services," which has been amended by a First Amendment to Amended and Restated Agreement for Legal Services, (the "Agreement "); and WHEREAS, pursuant to the Agreement, Linda A. Callon, a partner in Berliner Cohen is named as City Attorney; and WHEREAS, Linda A. Callon, Esq., has retired from Berliner Cohen and from the practice of law; and WHEREAS, Attorney Andrew L. Faber, Esq. is a partner in Berliner Cohen and has served as Acting City Attorney for Gilroy since 1994. NOW, THEREFORE BE IT RESOLVED, as follows: (1) The Mayor of the City is hereby authorized to enter into the attached Second Amendment to Amended and Restated Agreement for Legal Services, appointing Andrew L. Faber, Esq., as City Attorney. (2) Linda A. Callon, Esq., is hereby removed as City Attorney as an officer of the City, and Andrew L. Faber, Esq. is hereby appointed as City Attorney. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 6`" day of February, 2017, by the following roll call vote: RESOLUTION NO. 2017-06 4817 - 7131 -32160 ALF104706083 AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Roland Velasco, Mayor RESOLUTION NO. 2017-06 4817 - 7131- 3216v1 ALRO4706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2017 -06 an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of February, 2017, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and axed the Official Seal of the City of Gilroy this 10th day/of February, 2017. City Clerk of the City of Gilroy (Seal)