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Resolution No. 91777 10 11 12 13 RX's 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND ERIC T. FRESCH WHEREAS, by Resolution No. 8789 adopted on June 29, 2005, the City Council of the City of Vernon approved an Amended and Restated Employment Agreement (the "Agreement") with Eric T. Fresch ("Fresch") to serve as the City's City Attorney; and WHEREAS, the City desires to amend the Agreement to modify and clarify the parties' relationship and obligations respecting Fresch serving as the City's Acting City Administrator and Assistant City Attorney I; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Fresch. 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 Amendment Number One to Amended and Restated Employment Agreement with Fresch, a copy of which is attached hereto as Exhibit A and incorporated by reference. The City hereby retains Fresch as the Acting City Administrator and Assistant City Attorney I on the terms 1 and conditions contained in the Amendment. 2 SECTION 3: The City Council of the City of Vernon hereby 3 authorizes the Mayor Pro-Tem to execute said Amendment for, and on 4 behalf of, the City of Vernon and the Acting City Clerk is hereby 5 authorized to attest thereto. 6 SECTION 4: The City Council of the City of Vernon hereby 7 directs the Acting City Clerk, or his designee, to send one fully 8 executed Amendment to: 9 Eric T. Fresch 4305 Santa Fe Avenue 10 Vernon, CA 90058 11 SECTION 5: 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 13th day of December, 2006. 15 16 17 THOMAS A. YBAR , Mayor Pro-Tem 18 ATTEST: 19 20 BRUCE V. LKENHORST, JR. 21 Acting City Clerk 22 23 24 25 26 27 28 - 2 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 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. 9177, 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, December 13, 2006, and thereafter was duly signed by the 9 Mayor Pro-Tem of the City of Vernon. 10 1 11 BRUCE V. MALKENHORST, JR. 12 Acting City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT A AMENDMENT NUMBER ONE TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDMENT NUMBER ONE TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Amendment No. One") is entered into this 13th day of December, 2006, by and between the CITY OF VERNON, a municipal corporation, ("City") and ERIC T. FRESCH, an individual ("Fresch"), based on the following facts and circumstances: 1. The City and Fresch desire to amend the Amended and Restated Employment Agreement (the "Agreement"), such that Fresch shall now be the Assistant City Attorney I and the City's Acting City Administrator. Now, therefore, the parties agree as follows: Al. Effective bate and Defined Terms. The new Effective Date of the Agreement shall be December 13, 2006, and all terms defined in the Agreement shall have the same meanings for purposes of this Amendment No. One, as they do in the Agreement. B2. Assistant City Attu. The title of City Attorney in the Agreement shall be changed to Assistant City Attorney I, and Fresch shall be employed in that capacity for purposes of all sections of the Agreement. C3. Acting City Administrator. Fresch shall perform the services of Acting City Administrator of the City, at the will and pleasure of the City Council, and shall perform said duties under Section 4.2 of the Agreement. Should the City request Fresch to cease performing the duties of the Acting City Administrator, Fresch shall continue as the City's Assistant City Attorney I, with all provisions of the Agreement in full force and effect. D4. Deletion of Changes in Position. Section 9 of the Agreement titled "Change in Position" shall be deleted from the Agreement and have no force or effect between the parties to the Agreement and Amendment No. One. F5. Integration. This Amendment No. One and the Agreement represents the entire agreements and understandings between the parties, as set forth in Section 11 of the Agreement. Any inconsistencies between the Agreement and Amendment No. One shall be resolved by the language of Amendment No. One controlling. In all other respects, the terms and conditions of the Agreement and the amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, each of the parties hereto has executed this Amendment No. One, in the case of the City by its duly authorized representative, in duplicate, as of the day and year first above written. 0 By: BruceV. Malkenhorst, Jr. Acting City Clerk Approved as to orm By: 'son PtyAV 'Ittorney CITY OF VERNON a Municipal Corporation By: ,� 4 Thomas A. Warra Mayor Pro-Tem By:5-- <-I "t� Eric T. Fre h -1- 4 ♦ s CiT`,/ C 0't-;NCf1- LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman December 20, 2006 �j f �1 ✓ 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Mr. Eric T. Fresch City of Vernon - City Administration 4305 Santa Fe Avenue Vernon, California 90058 Re: Amended and Restated Employment Agreement Dear Mr. Fresch: MARK C. WHITWORTH Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH City Treasurer DONAL aCALLAGHAN Director of Light & Power Transmitted herewith is a fully executed agreement, as referenced above, approved by City Council on December 13, 2006, through Resolution No. 9177. y truly yours, g ron y ity Clerk NG:dr cc: Resolution No. 9177 Agreement File No. 06-136 TEXeiumdo InbugWal