Resolution No. 8049• 4
1 RESOLUTION NO. 8049
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 AN AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND
ADMINISTRATIVE CONSULTING SERVICES BY AND BETWEEN
5 THE CITY OF VERNON AND ERIC T. FRESCH
6
7 WHEREAS, Eric T. Fresch ("Fresch") has served as the Legal,
8 Financial and Administrative consultant for the City of Vernon from
9 June 1, 1986 to the present; and
10 WHEREAS, on July 26, 2000, the City Council of the City of
11 Vernon adopted Resolution No. 7576 approving an Agreement for Legal,
12 Financial and Administrative Consulting Services (the "Agreement")
13 with Fresch; and
14 WHEREAS, on February 27, 2002, the City Council of the City
15 of Vernon adopted Resolution No. 7915 approving an amendment to the
16 Agreement with Fresch; and
17 WHEREAS, the City Council of the City of Vernon intends to
18 approve retirement benefits and to change Fresch's status to employee
19 for purposes of such benefits in the Public Employees Retirement
20 System; and
21 WHEREAS, Fresch and the City have agreed to amend the
22 Agreement to provide for changes in terms and benefits.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
24 CITY OF VERNON AS FOLLOWS:
25 SECTION 1: The City Council of the City of Vernon hereby
26 finds and determines that the recitals contained hereinabove are true
27 and correct.
28 SECTION 2: The City Council of the City of Vernon hereby
1 approves the Second Amendment to the Agreement with Fresch, a copy of
2 which is attached hereto as Exhibit "A" and made a part hereof.
3 SECTION 3: The City Council of the City of Vernon hereby
4 authorizes the Mayor and the City Clerk to execute said Amendment for,
5 and on behalf of, the City of Vernon.
6 SECTION 4: The City Council of the City of Vernon hereby
7 directs the City Clerk, or his designee, to send one fully executed
8 Amendment to:
9 Eric T. Fresch
4305 Santa Fe Avenue
10 Vernon, California 90058
11 (323) 583-8811
(323) 826-1425 Fax
12
13 SECTION 5: The City Clerk of the City of Vernon shall
14 certifyto the
passage of this resolution, and thereupon and
15 thereafter the same shall be in full force and effect.
16 APPROVED AND ADOPTED this 4th day of September, 2002.
17
18 f
19 EONIS C. MA UR�G,,a`yor
20
ATTEST:
21
22
23 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8049, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 4, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(S EAL )
BRUCE V. MALKENHORST, City Clerl
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SUPPORTING
DOCUMENTS
EXHIBIT
0
SECOND
AMENDMENT TO
AGREEMENT
FOR
LEGAL, FINANCIAL AND ADMINISTRATIVE
CONSULTING SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND
ADMINISTRATIVE CONSULTING SERVICES (the "Amendment No. 2") is entered into this
28th day of July, 2002, by and between the CITY OF VERNON, CALIFORNIA, a municipal
corporation, hereinafter referred to as "City," and ERIC T. FRESCH, an individual, hereinafter
referred to as "Fresch."
This Amendment No. 2 changes the following sections to that certain AGREEMENT FOR
LEGAL, FINANCIAL AND ADMIMSTRATIVE CONSULTING SERVICES (the
"Agreement") as follows:
l . Parties to the Agreement.
The parties to this Agreement are:
City: The City of Vernon, a municipal corporation, having its principal office at
4305 Santa Fe Avenue, Vernon, California, 90058.
Fresch: Eric T. Fresch, having the address for his business at 4305 Santa Fe
Avenue, Vernon, CA 90058.
2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily responsible for the
administration of the Agreement, as amended, and to whom formal notices, demands and
communications shall be given, are as follows:
-I-
The principal representative of the City shall be:
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
(323) 826-1438 Fax
The sole representative of Fresch shall be:
Eric T. Fresch
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
(323) 826-1425 Fax
5. Amount and Scope of Services. Fresch hereby agrees to provide Two Thousand
Eighty (2,080) hours of time each Contract Year as an employee, in the job category of Finance
Administrator to the City and for legal, financial and administrative consultant services as
requested and directed by the City Administrator or his authorized designee.
Fresch shall be available for additional hours of consulting services ("Additional
Hours") to the City each Contract Year at the request of the City Administrator or his authorized
designee.
6. Time and Amount of Payment for Consulting Services. The City shall pay
Fresch as an employee through its payroll the sum of Twenty Seven Thousand Five Hundred
Dollars ($27,500.00) per month, beginning July 28, 2002.
For Additional Hours which Fresch may work each Contract Year, the City shall
pay Fresch One Hundred Dollars ($100.00) per hour. For example, Fresch shall receive One
Hundred Dollars ($100.00) per hour for each and every hour of
-2-
services Fresch may provide the City in addition to the Two Thousand Eighty (2,080) hours
Fresch will provide the City for each Contract Year under the Agreement.
7. Expense Reimbursement. The City shall only reimburse Fresch, monthly, for
expenses pre -approved by the City Administrator or his authorized designee and incurred by
Fresch for services undertaken for the City in the performance of this Agreement, less 7% of
$27,500, representing the current monthly cost to the City for Fresch's CalPERS payment.
Such expenses shall include, but shall not be limited to, lengthy document typing,
obtaining documents from research libraries or official agencies or the cost of travel and other
expenses incurred on business trips to meetings or official appearances on behalf of the City or
other projects that Fresch is requested to undertake as directed by the City Administrator or his
authorized designee.
11. Employee and Independent Consultant. Fresch shall act in the capacity of a
City employee for 2,080 hours of service under this Agreement and as an Independent Consultant
for all other additional hours worked as requested by the City Administrator or his authorized
designee.
20. Amendments. No amendment of the Agreement shall be valid unless in writing
duly executed by the parties.
In all other respects, the Agreement shall remain in full force and effect and the
provisions of the Agreement not consistent with or in conflict with any amendments to the
Agreement, including this Amendment No. 2, are null and void.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 2, in duplicate, effective the day and year first above written.
ATTEST:
By:
Bruce V. Malkenhorst
City Clerk
Approved as to Form
, 2002
By:
Eduardo Olivo
City Attorney
EF7:agmt-08.ef
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CITY OF VERNON
a Municipal Corporation
By:
Leonis C. Malburg
Mayor
Eric T. Fresch
By: C T
/
Eric T. Fresch
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Eric T. Fresch, Esquire
4305 Santa Fe Avenue
Vernon, CA 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
September 24, 2002
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Second Amendment to Agreement for Legal, Financial and
Administrative Consulting Services
Dear Mr. Fresch:
Transmitted herewith is a duplicate original copy of the above
referenced agreement, which was approved by the Vernon City Council on
September 4, 2002.
Very truly yours,
214-r'a Oro c Alleloze
Chief Depu City Clerk
GJO/gm
CC: Gloria Orosco
Resolution No. 8049
Agreement No. 02-067
SECOND
AMENDMENT TO
AGREEMENT
FOR
LEGAL, FINANCIAL AND ADMNISTRATIVE
CONSULTING SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND
ADMINISTRATIVE CONSULTING SERVICES (the "Amendment No. 2") is entered into this
28th day of July, 2002, by and between the CITY OF VERNON, CALIFORNIA, a municipal
corporation, hereinafter referred to as "City," and ERIC T. FRESCH, an individual, hereinafter
referred to as "Fresch."
This Amendment No. 2 changes the following sections to that certain AGREEMENT
FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES (the
"Agreement") as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
City: The City of Vernon, a municipal corporation, having its principal office at
4305 Santa Fe Avenue, Vernon, California, 90058.
Fresch: Eric T. Fresch, having the address for his business at 4305 Santa Fe
Avenue, Vernon, CA 90058.
2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily responsible for the
administration of the Agreement, as amended, and to whom formal notices, demands and
communications shall be given, are as follows:
-1-
The principal representative of the City shall be:
Mr. Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
(323) 826-1438 Fax
The sole representative of Fresch shall be:
Eric T. Fresch
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
(323) 826-1425 Fax
5. Amount and Scope of Services. Fresch hereby agrees to provide Two Thousand
Eighty (2,080) hours of time each Contract Year as an employee, in the job category of Finance
Administrator to the City and for legal, financial and administrative consultant services as
requested and directed by the City Administrator or his authorized designee.
Fresch shall be available for additional hours of consulting services ("Additional
Hours") to the City each Contract Year at the request of the City Administrator or his authorized
designee.
6. Time and Amount of Payment for Consulting Services. The City shall pay
Fresch as an employee through its payroll the sum of Twenty Seven Thousand Five Hundred
Dollars ($27,500.00) per month, beginning July 28, 2002.
For Additional Hours which Fresch may work each Contract Year, the City shall
pay Fresch One Hundred Dollars ($100.00) per hour. For example, Fresch shall receive One
Hundred Dollars ($100.00) per hour for each and every hour of
-2-
services Fresch may provide the City in addition to the Two Thousand Eighty (2,080) hours
Fresch will provide the City for each Contract Year under the Agreement.
7. Expense Reimbursement. The City shall only reimburse Fresch, monthly, for
expenses pre -approved by the City Administrator or his authorized designee and incurred by
Fresch for services undertaken for the City in the performance of this Agreement, less 7% of
$27,500, representing the current monthly cost, on behalf of the employee, to the City for
Frescifs CalPERS payment.
Such expenses shall include, but shall not be limited to, lengthy document typing,
obtaining documents from research libraries or official agencies or the cost of travel and other
expenses incurred on business trips to meetings or official appearances on behalf of the City or
other projects that Fresch is requested to undertake as directed by the City Administrator or his
authorized designee.
11. Employee and Independent Consultant. Fresch shall act in the capacity of a
City employee for 2,080 hours of service under this Agreement and as an Independent
Consultant for all other additional hours worked as requested by the City Administrator or his
authorized designee.
20. Amendments. No amendment of the Agreement shall be valid unless in writing
duly executed by the parties.
In all other respects, the Agreement shall remain in full force and effect and the
provisions of the Agreement not consistent with or in conflict with any amendments to the
Agreement, including this Amendment No. 2, are null and void.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 2, in duplicate, effective the day and year first above written.
ATTEST:
By:
Bruce V. Malkenhorst
City Clerk
Approved as to Form
- c/ 92002
By:
E uardo Olivo
City Attorney
EF7:agmt-08.ef
-4-
CITY OF VERNON
a Municipal Corporation
B• ,
L oni Malburg
Mayor
Eric T. Fresch
By: r -7 '�
Eric T. Fresch