Resolution No. 93131
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
RESOLUTION NO. 9313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NUMBER TWO TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND ERIC T. FRESCH AND APPOINTING ERIC T.
FRESCH TO SERVE AS THE CITY ADMINISTRATOR OF THE
CITY OF VERNON
WHEREAS, on June 29, 2005, the City Council of the City of
Vernon adopted Resolution No. 8789 approving an Amended and Restated
Employment Agreement dated July 1, 2005 (the "Agreement") with Eric T.
Fresch ("French") to serve as the City's City Attorney; and
WHEREAS, on December 13, 2006, the City Council of the City
of Vernon adopted Resolution No. 9177 approving an Amendment Number One
to the Agreement ("Amendment One") with Fresch respecting Fresch
providing Acting City Administrator and Assistant City Attorney I
services; and
WHEREAS, on December 13, 2006, the City Council of the City
of Vernon adopted Resolution No. 9178 appointing Fresch to serve as the
Acting City Administrator of the City of Vernon; and
WHEREAS, the City Council of the City of Vernon has elected
to appoint Eric T. Fresch to serve as the City Administrator, effective
May 7, 2007; 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 City Administrator and Assistant City Attorney I.
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
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
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 Two to Amended and Restated Employment
Agreement ("Amendment Two") with Fresch, a copy of which is attached
hereto as Exhibit A and incorporated by reference. The City hereby
retains Fresch as the City Administrator and Assistant City Attorney I
on the terms and conditions contained in the Agreement, as amended,
and compensation for said services shall be paid pursuant to the
Agreement, as amended.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute Amendment Two with
Fresch for, and on behalf of, the City of Vernon and the City Clerk is
hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
appoints Fresch to serve as the City Administrator as provided for in
said Agreement, as amended, effective May 7, 2007.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to give one fully executed
Amendment Two to Fresch.
SECTION 6: The City Clerk of the City of Vernon shall.
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of May, 2007.
�V�/7,p��p/
X 1XN=X%XX X �iXX�y !XrX
ATTEST: HILARIO GONZALES, Mayor Pro-Tem
A _ A r1
IMANUELA
City Clerk
- 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, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9313, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, May 7, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
MANUELA G RQ1q, City Clerk
(SEAL)
- 3 -
EXHIBIT
VI&
AMENDMENT NUMBER TWO TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AMENDMENT NUMBER ONE TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT (the "Amendment No. One") is entered into this 7th day of
May, 2007, 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 City Administrator.
Now, therefore, the parties agree as follows:
Al. F,ffective bate and Defined Terms. The new Effective Date of the Agreement
shall be May 7, 2007, and all terms defined in the Agreement shall have the same meanings for
purposes of this Amendment No. Two, as they do in the Agreement.
B2. Assistant City Attom . Fresch shall be employed in the capacity of Assistant
City Attorney I for all purposes of all sections of the Agreement.
C3. City Administrator. Fresch shall perform the services of 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 City
Administrator, Fresch shall continue as the City's Assistant City Attorney I, with all provisions
of the Agreement in full force and effect.
F5. Integration. This Amendment No. Two and the Agreement and Amendment No.
One represents the entire agreements and understandings between the parties, as set forth in
Section 11 of the Agreement.
Any inconsistencies between the Agreement, Amendment No. One and Amendment No. Two
shall be resolved by the language of Amendment No. Two 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. Two, in the case of the City by its duly authorized representative, in duplicate, as of the day
and year first above written.
ATTP,ST:
i
1
By: �'yf
Manuela Giron ir.
City Clerk
Appro d as to rm
By:
J A. 'son
City Atto ey
CITY OF VERNON
a Municipal Corporation
By: .
)UUXX XJ(D( **4 ILARIO GONZALES
= bbxX Mayor Pro-Tem
By: _ ��--
Eric T. resch
-2-
SUPPORTING
DOCUMENTS
May 10, 2007
Mr. Eric T. Fresch
City Administrator's Office
4305 Santa Fe Avenue
Vernon, California 90058
Re: Amendment&Two to Amended and Restated Employment Agreement
Dear -- Fresch:
Transmitted herewith is a fully executed Amendment No. Two to the
amended and restated employment agreement and a copy of Resolution No.
9313, approved by City Council on May 7, 2007.
Very truly yours,
XL" ( �
Nelly Gi on
City Clerk
NG:dr
c: Resolution No. 9313
Agreement File No. 07-046
Ekc(usivefy Industrial