Resolution No. 90711
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RESOLUTION NO. 9071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EMPLOYMENT AGREEMENT FOR FIRE CHIEF SERVICES
WHEREAS, the City Council of the City of Vernon intends to
appoint Mark Whitworth, the current Acting Fire Chief, to the position
of Fire Chief of the City of Vernon effective July 1, 2006; and
WHEREAS, the City Council of the City of Vernon desires to
execute an Employment Agreement with Mark Whitworth which provides the
terms and conditions of his employment with the City of Vernon in his
capacity as Fire Chief of the Vernon Fire Department; and
WHEREAS, it is the desire of the City Council that there be
close cooperation and coordination between the Fire Chief and the City
Council in administering and implementing City Council policy.
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
and correct..
SECTION 2: The City Council of the City of Vernon hereby
approves the Employment Agreement for Fire Chief Services, 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 to execute the Agreement for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
1 appoints Mark Whitworth to serve as the Fire Chief in the Vernon Fire
2 Department as provided for in said Agreement effective July 1, 2006.
3 SECTION 5: Mr. Whitworth shall directly coordinate and
4 cooperate in the administering of City Council policies and practices
5 in relation to administrative and personnel matters in the Fire
6 Department with the City Council and shall keep the City Council fully
7 informed of the Department's administration and operation.
8 SECTION 6: The City Council of the City of Vernon hereby
9 directs the Acting City Clerk, or his designee, to give one fully
10 executed Agreement to Mark Whitworth.
11 SECTION 7: The Acting City Clerk of the City of Vernon
12 shall certify to the passage of this resolution, and thereupon and
13 thereafter the same shall be in full force and effect.
14 APPROVED AND ADOPTED this 21st day of June, 2006.
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THOMAS A. YBARRA, Mayor Pro Tem
18 ATTEST:
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21 BRUCE V. MALKENHORST, JR.
Acting City Clerk
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 9071, was duly adopted by the City Council of the City
7 of Vernon at a regular meeting of the City Council duly held on
8 Wednesday, June 21, 2006, and thereafter was duly signed by the Mayor
9 Pro Tem of the City of Vernon.
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C
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BRUC MALKENHORST, JR.
12 Acting City Clerk
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(SEAL)
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EXHIBIT A
I EMPLOYMENT AGREEMENT
2 FOR
3 FIRE CHIEF SERVICES
4
5 THIS EMPLOYMENT AGREEMENT is made, entered into and executed
6 in duplicate originals, either copy of which may be considered and used
7 as the original hereof for all purposes, as of this 21St day of June,
8 2006, in the City of Vernon, County of Los Angeles, California
9 BY AND BETWEEN. THE CITY OF VERNON, a municipal
10 corporation, (hereinafter
referred to as "City")
11. 4305 Santa Fe Avenue
Vernon, CA 90058-0805
12
AND MARK WHITWORTH,
13 (hereinafter referred to as
14 "Whitworth")
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16
RECITALS:
17 WHEREAS, City is a Charter City and subject to some of the
18 provisions of the Government Code of the State of California; and
19 WHEREAS, a personnel system, merit system or civil service
20 system pursuant to Government Code Section 45001 was never established
21 by the City when it was a General Law City; and
22 WHEREAS, the City Council of the City has adopted Resolution
23 No. 4027 wherein Section 5(h) of said Resolution has been interpreted
24 by the Superior Court. of the County of Los Angeles, State of California
25 as providing a property interest in employment for Vernon Firemen; and
26 WHEREAS, City appealed said determination and said property
27 right issue became moot as a result of the appeal and has no lawful
28 effect at this time; and
1 WHEREAS, City has determined to create positions in the
2 Vernon Fire Department wherein no property right shall attach to said
3 positions; and
4 WHEREAS, all employees in the Fire Department shall not be a
5 part of any personnel system, merit system or civil service system nor
6 shall they have any property rights in their employment but will serve
7 solely at the will and pleasure of the appointing authority, the City
8 Council; and
9 WHEREAS, the position of Fire Chief in the Vernon Fire
10 Department is a delicate and sensitive position and is an integral part
11 of the City; and
12 WHEREAS, the administration and implementation of policy
13 matters require the appointment of an individual who will conduct
14 himself in such a manner as to not bring discredit upon the Fire
15 Department or upon the City; and
16 WHEREAS, the off duty activities of the Fire Chief are not
17 within the scope of his official duties, nevertheless said activities
18 are important in that they reflect upon the individual's sensitivity to
19 the administration of the Fire Department and in enforcing the laws of
20 the State of California; and
21 WHEREAS, the City Council deems it important .to establish
22 that the Fire Chief position involves the administration and
23 implementation of sensitive fire matters which require the utmost
24 11cooperation between the City Council and the person serving as Fire
25 1I Chief; and
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WHEREAS,
Whitworth has
been employed by the City
of Vernon in
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the Fire Department
of the City
of Vernon for approximately
17 years;
IF�L•
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I WHEREAS, Whitworth was appointed to the position of Battalion
2 Chief in said Department on July 30, 2000; and
3 WHEREAS, City has a vacancy in the Fire Chief position; and
4 WHEREAS, Whitworth has served as Acting Fire Chief of the
5 Vernon Fire Department during the previous twelve (12) months; and
6 WHEREAS, City desires to appoint Whitworth as Fire Chief of
7 the Fire Department of the City; and
8 WHEREAS, it is the desire of the City Council to provide by
9 contract certain conditions of employment with Whitworth.
10 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
11 AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
12 SECTION 1: The City Council hereby appoints Whitworth to
13 serve as the City's Fire Chief in the Fire Department of the City.
14 Whitworth shall start his employment as Fire Chief at the Step 2 salary
15 level for the position of Fire Chief.
16 SECTION 2: Whitworth, in serving as the Fire Chief in the
17 Fire Department of the City, hereby agrees that he does not have a
18 property right in employment in his position as Fire Chief and that he
19 serves at the will and pleasure of the City Council.
20 SECTION 3: Whitworth hereby agrees that in accepting the
21 appointment of Fire Chief that he is subject to termination at the will
22 and pleasure of the City Council and that he is not entitled to a hearing
23 concerning said termination and that said termination may be for any
24 reason whatsoever or no reason at all.
25 SECTION 4: Whitworth, while serving as Fire Chief, is
26 considered to be a confidential and management employee and shall not
27 communicate any confidential communications he receives within the scope
28 of his duties to other employees of the City who are not also management
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and confidential employees. For the purposes of this section, the
following employees are considered management and confidential employees'.
(1) City Administrator;
(2) City Attorney;
(3) All Department Heads;
(4) All Battalion Chiefs;
(5) Captains in the Police Department;
(6) Division Heads in the Public Works Department;
(7) Lieutenants in the Police Department.
SECTION 5: Whitworth hereby agrees that the City Council may
prescribe duties which will be considered part of the duties of the Fire.
Chief position and Whitworth hereby agrees that he has no vested right
in the current duties prescribed in the current job description.
SECTION 6: Whitworth as Fire Chief will be entitled to the
privileges provided for management and confidential employees pursuant
to resolutions and ordinances of City.
SECTION 7: Whitworth shall remain covered by the normal City
retirement system in the category of Fire Chief.
SECTION 8: The City Council shall fix any such other terms
and conditions of employment as it may determine from time to time,
relating to the performance of Whitworth, provided such terms and
conditions are not inconsistent with or in conflict with the provisions
of this Agreement or the general law of the State of California.
SECTION 9: All provisions of the City relating to vacation
and sick pay, retirement and pension system contributions, holidays, and
other fringe benefits and working conditions as they now exist or
aereafter may be amended, also shall apply to officer as they would to
)ther management employees in offices of City, in addition to said
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benefits enumerated specifically for the benefit of Whitworth except as
herein provided.
SECTION 10: This Agreement shall become effective commencing
July 1, 2006. -
IN WITNESS WHEREOF, the City of Vernon has caused this
Agreement to be signed and executed on its behalf by the Mayor, and
Whitworth has signed and executed this Agreement, both in duplicate, the
day, month and year first written above.
ATTEST:
By:
BRUCE V. MALKENHORST, JR.
Acting City Clerk
APPROVED AS TO FORM:
By:
ERI.0 T. FRESCH, City Attorney
THE CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
MARK WHITWORT
— 5 —
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: July 12, 2006
TO: Mark Whitworth, Fire Chief
FRO Nelly Giron, Deputy City Clerk
RE:M�q Resolution No. 9071 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of an Employment Agreement for Fire Chief
Services
Transmitted herewith is a copy of Resolution No. 9071 referenced
above, which was approved by City Council on June 21, 2006.
Thank you.
NG:dr
c: Martha valenzuela
Resolution No. 9071
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
July 13, 2006
All ® .
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
Mr. Mark Whitworth
Fire Department
4305 Santa Fe Avenue
Vernon, California 90058
Re: Employment Agreement
Dear Mr. Whitworth:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Transmitted herewith is a fully executed agreement, as referenced
above, approved by City Council on June 21, 2006, through Resolution
No. 9071.
Very truly yours,
Nelly n
Deputy City Clerk
NG:dr
cc: Resolution No. 9071
Agreement File No. 06-073
'Exclugivcly wnbugtrial
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EMPLOYMENT AGREEMENT
FOR
FIRE CHIEF SERVICES
THIS EMPLOYMENT AGREEMENT is made, entered into and executed
in duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this 21st day of June,
2006, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND MARK WHITWORTH,
(hereinafter referred to as
"Whitworth")
RECITALS:
WHEREAS, City is a Charter City and subject to some of the
provisions of the Government Code of the State of California; and
WHEREAS, a personnel system, merit system or civil service
system pursuant to Government Code Section 45001 was never established
by the City when it was a General Law City; and
WHEREAS, the City Council of the City has adopted Resolution
No. 4027 wherein Section 5(h) of said Resolution has been interpreted
by the Superior Court of the County of Los Angeles, State of California
as providing a property interest in employment for Vernon Firemen; and
WHEREAS, City appealed said determination and said property
right issue became moot as a result of the appeal and has no lawful
effect at this time; and
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WHEREAS, City has determined to create positions in the
Vernon Fire Department wherein no property right shall attach to said
positions; and
WHEREAS, all employees in the Fire Department shall not be a
part of any personnel.system, merit system or civil service system nor
�Ishall they have any property rights in their employment but will serve
solely at the will and pleasure of the appointing authority, the City
Council; and
WHEREAS, the position of Fire Chief in the Vernon Fire
Department is a delicate and sensitive position and is an integral part
of the City; and
WHEREAS, the administration and implementation of policy
matters require the appointment of an individual who will conduct
himself in such a manner as to not bring discredit upon the Fire
Department or upon the City; and
WHEREAS, the off duty activities of the Fire Chief are not
within the scope of his official duties, nevertheless said activities
are important in that they reflect upon the individual's sensitivity to
the administration of the Fire Department and in enforcing the laws of
the State of California; and
WHEREAS, the City Council deems it important to establish
that the Fire Chief position involves the administration and
implementation of sensitive fire matters which require the utmost
cooperation between the City Council and the person serving as Fire
Chief; and
WHEREAS, Whitworth has been employed by the City of Vernon in
the Fire Department of the City of Vernon for approximately 17 years;
and
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WHEREAS, Whitworth was appointed to the position of Battalion
Chief in said Department on July 30, 2000; and
WHEREAS, City has a vacancy in the Fire Chief position; and
WHEREAS, Whitworth has served as Acting Fire Chief of the
Vernon Fire Department during the.previous twelve (12) months; and
WHEREAS, City desires to appoint Whitworth as Fire Chief of
the Fire Department of the City; and
WHEREAS, it is the desire of the City Council to provide by
contract certain conditions of employment with Whitworth.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: The City Council hereby appoints Whitworth to
serve as the City's Fire Chief in the Fire Department of the City.
Whitworth shall start his employment as Fire Chief at the Step 2 salary
level for the position of Fire Chief.
SECTION 2: Whitworth, in serving as the Fire Chief in the
Fire Department of the City, hereby agrees that he does not have a
property right in employment in his position as Fire Chief and that he
serves at the will and pleasure of the City Council.
SECTION 3: Whitworth hereby agrees that in accepting the
appointment of Fire Chief that he is subject to termination at the will
and pleasure of the City Council and that he is not entitled to a hearinc
concerning said termination and that said termination may be for any
reason whatsoever or no reason at all.
SECTION 4: Whitworth, while serving as Fire Chief, is
considered to be a confidential and management employee and shall not
communicate any confidential communications he receives within the scope
of his duties to other employees of the City who are not also management
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I and confidential employees. For the purposes of this section, the
2 following employees are considered management and confidential employees:
3 (1) City Administrator;
4 (2) City Attorney;
5 (3) All Department Heads;
6 (4) All Battalion Chiefs;
7 (5) Captains in the Police Department;
8 (6) Division Heads in the Public Works Department;
9 (7) Lieutenants in the Police Department.
10 SECTION 5: Whitworth hereby agrees that the City Council may
11 prescribe duties which will be considered part of the duties of the Fire.
12 Chief position and Whitworth hereby agrees that he has no vested right
13 in the current duties prescribed in the current job description.
14 SECTION 6: Whitworth as Fire Chief will be entitled to the
15 privileges provided for management and confidential employees pursuant
16 to resolutions and ordinances of City.
17 SECTION 7: Whitworth shall remain covered by the normal City
18 retirement system in the category of Fire Chief.
19 SECTION 8: The City Council shall fix any such other terms
20 and conditions of employment as it may determine from time to time,
21 relating to the performance of Whitworth, provided such terms and
22 conditions are not inconsistent with or in conflict with the provisions
23 of this Agreement or the general law of the State of California.
24 SECTION 9: All provisions of the City relating to vacation
25 and sick pay, retirement and pension system contributions, holidays, and
26 other fringe benefits and working conditions as they now exist or
27 hereafter may be amended, also shall apply to officer as they would to
28 other management employees in offices of City, in addition to said
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benefits enumerated specifically for the benefit of Whitworth except as
herein provided.
SECTION 10: This Agreement shall become effective commencing
July 1, 2006.
IN WITNESS.WHEREOF, the City of Vernon has caused this
Agreement to be signed and executed on its behalf by the Mayor, and
Whitworth has signed and executed this Agreement, both in duplicate, the
day, month and year first written above.
ATTEST:
BV:
BRUCE V. MALKENHORST, JR.
Acting City Clerk
APPROVED AS TO FORM:
By:
ERIC T. FRE CH, City Attorney
THE CITY OF VERNON
By:
L�EONIS C. MALB RG, Mayor
By: %
ARK WHITWORTH
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EMPLOYMENT AGREEMENT
FOR
FIRE CHIEF SERVICES
THIS EMPLOYMENT AGREEMENT is made, entered into and executed
in duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this 215t day of June,
2006, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN. THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND MARK WHITWORTH,
(hereinafter referred to as
"Whitworth")
RECITALS:
WHEREAS, City is a Charter City and subject to some of the
provisions of the Government Code of the State of California; and
WHEREAS, a personnel system, merit system or civil service
system pursuant to Government Code Section 45001 was never established
by the City when it was a General Law City; and
WHEREAS, the City Council of the City has adopted Resolution
No. 4027 wherein Section 5(h) of said Resolution has been interpreted
by the Superior Court of the County of Los Angeles, State of California
as providing a property interest in employment for Vernon Firemen; and
WHEREAS, City appealed said determination and said property
right issue became moot as a result of the appeal and has no lawful
effect at this time; and
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WHEREAS, City has determined to create positions in the
Vernon Fire Department wherein no property right shall attach to said
positions; and
WHEREAS, all employees in the Fire Department shall not be a
part of any personnel system, merit system or civil.service system nor
shall they have any property rights in their employment but will serve
solely at the will and pleasure of the appointing authority, the City
Council; and
WHEREAS, the position of Fire Chief in the Vernon Fire
Department is a delicate and sensitive position and is an integral part
of the City; and
WHEREAS, the administration and implementation of policy
matters require the appointment of an individual who will conduct
11himself in such a manner as to not bring discredit upon the Fire
Department or upon the City; and
WHEREAS, the off duty activities of the Fire Chief are not
within the scope of his official duties, nevertheless said activities
are important in that they reflect upon the individual's sensitivity to
the administration of the Fire Department and in enforcing the laws of
Ithe State of California; and
WHEREAS, the City Council deems it important to establish
that the Fire Chief position involves the administration and
implementation of sensitive fire matters which require the utmost
cooperation between the City Council and the person serving as Fire
Chief; and
WHEREAS, Whitworth has been employed by the City of Vernon in
the Fire Department of the City of Vernon for approximately 17 years;
and
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I WHEREAS, Whitworth was appointed to the position of Battalion
2 Chief in said Department on July 30, 2000; and
3 WHEREAS, City has a vacancy in the Fire Chief position; and
4 WHEREAS, Whitworth has served as Acting Fire Chief of the
5 Vernon Fire Department during the previous twelve (12) months; and
6 WHEREAS, City desires to appoint Whitworth as Fire Chief of
7 the Fire Department of the City; and
8 WHEREAS, it is the desire of the City Council to provide by
9 contract certain conditions of employment with Whitworth.
10 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
11 AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
12 SECTION 1: The City Council hereby appoints Whitworth to
13 serve as the City's Fire Chief in the Fire Department of the City.
14 Whitworth shall start his employment as Fire Chief at the Step 2 salary
15 level for the position of Fire Chief.
16 SECTION 2: Whitworth, in serving as the Fire Chief in the
17 11Fire Department of the City, hereby agrees that he does not have a
18 property right in employment in his position as Fire Chief and that he
19 serves at the will and pleasure of the City Council.
20 SECTION 3: Whitworth hereby agrees that in accepting the
21 appointment of Fire Chief that he is subject to termination at the will
22 and pleasure of the City Council and that he is not entitled to a hearinc
23 concerning said termination and that said termination may be for any
24 Ilreason whatsoever or no reason at all.
25 11 SECTION 4: Whitworth, while serving as Fire Chief, is
26 considered to be a confidential and management employee and shall not
27 communicate any confidential communications he receives within the scope
28 of his duties to other employees of the City who are not also management
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and confidential employees. For the purposes of this section, the
following employees are considered management and confidential employees:
(1) City Administrator;
(2) City Attorney;
(3) All Department Heads.;
(4) All Battalion Chiefs;
(5) Captains in the Police Department;
(6) Division Heads in the Public Works Department;
(7) Lieutenants in the Police Department.
SECTION 5: Whitworth hereby agrees that the City Council may
prescribe duties which will be considered part of the duties of the Fire.
Chief position and Whitworth hereby agrees that he has no vested right
in the current duties prescribed in the current job description.
SECTION 6: Whitworth as Fire Chief will be entitled to the
privileges provided for management and confidential employees pursuant
to resolutions and ordinances of City.
SECTION 7: Whitworth shall remain covered by the normal City
retirement system in the category of Fire Chief.
SECTION 8: The City Council shall fix any such other terms
and conditions of employment as it may determine from time to time,
relating to the performance of Whitworth, provided such terms and
conditions are not inconsistent with or in conflict with the provisions
of this Agreement or the general law of the State of California.
SECTION 9: All provisions of the City relating to vacation
and sick pay, retirement and pension system contributions, holidays, and
other fringe benefits and working conditions as they now exist or
hereafter may be amended, also shall apply to officer as they would to
other management employees in offices of City, in addition to said
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benefits enumerated specifically for the benefit of Whitworth except as
herein provided.
SECTION 10: This Agreement shall become effective commencing
July 1, 2006.
IN WITNESS WHEREOF, the City of Vernon has caused this
Agreement to be signed and executed on its behalf by the Mayor, and
Whitworth has signed and executed this Agreement, both in duplicate, the
day, month and year first written above.
IIATTEST:
By: I
BRUCE
Acting
MALKENHORST, JR.
ty Clerk
(APPROVED AS TO FORM:
By:
ERIC T. FRE CH, City Attorney
THE CITY OF VERNON
By:
EONIS C. MALBURG, Mayor
� �kzg;?
By:
RK WHITWORTH
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