Resolution No. 838610
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
THIRD AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL
AND ADMINISTRATIVE CONSULTING SERVICES BY AND
BETWEEN THE CITY OF VERNON AND ERIC T. FRESCH
WHEREAS, Eric T. Fresch ("Fresch") has served as the City's
Legal, Financial and Administrative consultant as of June 1, 1986 to
Ithe present; and
WHEREAS, on September 4, 2002, the City Council of the City
of Vernon adopted Resolution No. 8049 approving an Amendment No. Two
to the Agreement for Legal, Financial and Administrative Consulting
Services between Fresch and the City (the "Fresch Agreement"); and
WHEREAS, effective October 16, 2003, the City appointed
Fresch as the Acting City Attorney; and
WHEREAS, the City desires to appoint Fresch as the City
Attorney effective February 5, 2004; and
WHEREAS, Fresch and the City desire to amend the Fresch
Agreement in order to provide for the necessary modifications in term,
scope of services, expense reimbursement and retirement benefits; and
WHEREAS, the City elects to become subject to Government Code
Section 20423 for its City Attorney, to reclassify this position as a
safety position; and
WHEREAS, the City does not intend to change the employee
status of Fresch and in all other respects, the Fresch Agreement shall
remain in full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
1 SECTION 1: The City Council of the City of Vernon hereby
2 finds and determines that the recitals contained hereinabove are true
3 and correct.
4 SECTION 2: The City Council of the City of Vernon hereby
5 approves the Third Amendment to Agreement for Legal, Financial and
6 Administrative Consulting Services with Fresch, a copy of which is
7 attached hereto as Exhibit "A" and made a part hereof.
8 SECTION 3: The City Council of the City of Vernon hereby
9 authorizes the Mayor and the City Clerk to execute said Amendment for,
10 and on behalf of, the City of Vernon.
11 SECTION 4: The City Council of the City of Vernon hereby
12 directs the City Clerk, or his designee, to send one fully executed
13 Amendment to:
14
Eric T. Fresch
15 4305 Santa Fe Avenue
Vernon, California 90058
16
17 SECTION 5: The City Clerk of the City of Vernon shall
18 certify to the passage of this resolution, and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 18th day of February, 2004.
21
22
LEONIS C. MA BURG, MTayor
23 -
24 ATTEST:
25
2 6
27 BRUCE V. MALKENHORST, City Clerk
28
2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
8386, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
February 18, 2004, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
VA&
THIRD
AMENDMENT TO
AGREEMENT
FOR
LEGAL, FINANCIAL AND ADMINISTRATIVE
CONSULTING SERVICES
THIS THIRD AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND
ADMINISTRATIVE CONSULTING SERVICES ("Amendment No. 3 ") is entered into this
1st day of March, 2004, by and between the CITY OF VERNON, CALIFORNIA, a
municipal corporation, hereinafter referred to as the "City," and ERIC T. FRESCH, an
individual,, hereinafter referred to as "Fresch. "
This Amendment No. 3 changes the following sections to that certain AGREEMENT
FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES (the
"Agreement") as follows:
3. Contract Year. Contract Year shall mean the period commencing on
March 1, 2003 and expiring at midnight on the immediately following February 28 or
February 29, whichever is appropriate, and thereafter each subsequent twelve-month period
beginning on March 1 and ending on February 28 or February 29.
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 City Attorney to the City.
Fresch shall be available for additional hours of services for legal, financial and
administrative consultant services including services as Finance Administrator ("Additional
-1-
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, including the
current Contract Year beginning March 1, 2003, 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 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 and Retirement Benefits. The City shall
permit Fresch to participate in the City's retirement program for the City's Safety
employees with the California Public Employees Retirement System ("Ca1PERS"),
contract number 0205.
The City shall only reimburse Fresch for expenses 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 9% of $27,500, representing the
current cost to the City for Fresch's Ca1PERS Safety employee payment.
Such expenses shall include, but shall not be limited to, monthly automobile lease
and rental expenses, lengthy document typing, outside word processing services,
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 any other expenses that Fresch incurs in the course of undertaking his services
for and on behalf of the City, as approved by the City Administrator or his authorized
designee.
-2-
other expenses that Fresch incurs in the course of undertaking his services for and on behalf of
the City, as approved by the City Administrator or his authorized designee.
20. Amendments. No amendment of this 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 this
Agreement, including this Amendment No. 3, are null and void.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 3, in duplicate, effective the day and year first above written.
ATTEST:
CITY OF VERNON
a Municipal Corporation
By: By:
Bruce V. Malkenhorst �CMalburg��
City Clerk Mayor
Approved as to Form Law Offices of
Eric T. Fresch
2004
L-Im
Counsel to the City of Vernon
-3-
By: 14: -ZZ
Eric T. Fresch