Resolution No. 09887RESOLUTION NO. 9887
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NUMBER THREE TO AMENDED AND RESTATED
5 EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND ERIC T. FRESCH
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7 WHEREAS, Eric T. Fresch ("Fresch") has represented the City
8 of Vernon for many years, since the early 1980's, as an attorney
9 practicing with a law firm; and
10 WHEREAS, in June, 2005, Fresch agreed, at the City's
11 request, to represent the City exclusively and terminate his
12 representation of other clients at his law firm; and
13 WHEREAS, on June 29, 2005, the City Council of the City of
14 Vernon adopted Resolution No. 8789 approving an Amended and Restated
15 Employment Agreement dated July 1, 2005 (the "Agreement") with Eric T.
16 Fresch to serve as the City's City Attorney; and
17 WHEREAS, on December 13, 2006, the City Council of the City
18 of Vernon adopted Resolution No. 9177 approving an Amendment Number One
19 to the Agreement ("Amendment One") with Fresch respecting Fresch
20 providing services as Assistant City Attorney I and additionally as
21 Acting City Administrator; and
22 WHEREAS, on May 7, 2007, the City Council of the City of
23 Vernon adopted Resolution No. 9313 approving an Amendment Number Two to
24 the Agreement ("Amendment Two") with Fresch respecting Fresch providing
25 services as Assistant City Attorney I and additionally as City
26 Administrator; and
27 WHEREAS, the City Council of the City of Vernon desires to
28 appoint Eric T. Fresch to serve as the City's Special Counsel; and
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WHEREAS, the City desires to amend the Agreement to modify
and clarify the parties' relationship and obligations respecting Fresch
serving as the City's Assistant City Attorney I and additionally the
Special Counsel and City Administrator.
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
Ifinds 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 Three to Amended and Restated Employment
Agreement ("Amendment Three") with Fresch, in substantially the same
form as the copy which is attached hereto as Exhibit A and
incorporated by reference. The City hereby retains Fresch as the
Assistant City Attorney I and additionally the Special Counsel and
City Administrator 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 Three with
Fresch for, and on behalf of, the City of Vernon and the City Clerk or
Deputy City Clerk is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Amendment.
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SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to give one fully executed
Amendment Three 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 16 th day of March, 2009.
(LEONIS C. 'MAAPURG, f4ayor
ATTEST:
MANUELA GIRON� 6ity Clerk
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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. 9887, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, March 16,lr 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
k',c� ��? &�"—'
MANUFLA ( - City Clerk
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EXHIBIT A
AMENDMENTNUMBERTHREETO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AMENDMENT NUMBERTHREE TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT (the "Amendment No. Three") is entered into this 16th day of
March, 2009, 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:
A. 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
additionally the Special Counsel and the City Administrator.
Now, therefore, the parties agree as follows:
Effective Date and Defined Terms. The new Effective Date of the Agreement
shall be March 16, 2009, and all terms defined in the Agreement shall have the same meanings
for purposes of this Amendment No. Three, as they do in the Agreement.
2. Assistant Cijy Attorney. Fresch"shall be employed in the capacity of Assistant
City Attorney I for all purposes of all sections of the Agreement and shall perform said duties
under Sections 4.1 and 4.2 of the Agreement.
3. Cijy 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 4.1
of the Agreement. Should the City request Fresch to cease performing the duties of the City
Administrator, Fresch shall continue as an Assistant City Attorney I and Special Counsel, with all
provisions of the Agreement in full force and effect.
4. Special Counsel. Fresch shall represent the City as Special Counsel and perform
said duties under Section 4.2 of the Agreement.
5. Integration. This Amendment No. Three and the Agreement and Amendment
Nos. One and Two represent the entire agreements and understandings between the parties, as set
forth in Section I I of the Agreement.
Any inconsistencies between the Agreement, Amendment No. One, Amendment No. Two and
Amendment No. Three shall be resolved by the language of Amendment No. Three 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. Three, in the case of the City by its duly authorized representative, in duplicate, as of the day
and year first above written.
ATTEST:
i-M
Manuela Giron
City Clerk
Approved as to Form
M.
Jeff A. Harrison
City Attorney
L'In
I I
CITY OF VERNON
a Municipal Corporation
Leonis C. Malburg
Mayor
Eric T. Fresch
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4805 Santa FeAvenue, Vernon, California 90058
Telephone (323).583-8811
March 23, 2009
Mr. Eric T. Fresch
City Administrator's Office
4305 Santa Fe Avenue
Vernon, California 90058
Re: Amendment No. Three to Amended and Restated Employment Agreement
Dear Mr. Fresch:
Transmitted herewith is a fully executed Amendment No. Three to the amended and restated
employment agreement and a copy of Resolution No. 9887, approved by City Council on March
16,2009.
Very truly yours,
N e Y
e ' Giro
City Clerk
NG:km
c: Kristen Enomoto
Resolution No. 9887
Agreement File No. 09-041
Excfusivefy Industfiaf
AMENDMENT NUMBER THREE TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AMENDMENT NUMBER THREE TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT (the "Amendment No. Three") is entered into this 16th day of
March, 2009, 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:
A. 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
additionally the Special Counsel and the City Administrator.
Now, therefore, the parties agree as follows:
I . Effective Date and Defined Terms.. The new Effective Date of the Agreement
shall be March 16, 2009, and all terms defined in the Agreement shall have the same meanings
for purposes of this Amendment No. Three, as they do in the Agreement.
2. Assistant Cily Attome . Fresch shall be employed in the capacity of Assistant
City Attorney I for all purposes of all sections of the Agreement and shall perform said duties
under Sections 4.1 and 4.2 of the Agreement.
3. Ci1y 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 4.1
of the Agreement. Should the City request Fresch to cease performing the duties of the City
Administrator, Fresch shall continue as an Assistant City Attorney I and Special Counsel, with all
provisions of the Agreement in full force and effect.
4. Special Counsel. Fresch shall represent the City as Special Counsel and perform
said duties under Section 4.2 of the Agreement.
5. Integration. This Amendment No. Three and the Agreement and Amendment
Nos. One and Two represent 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, Amendment No. Two and
Amendment No. Three shall be resolved by the language of Amendment No. Three 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
I
No. Three, in the case of the City by its duly authorized representative, in duplicate, as of the day
and year first above written.
ATTEST:
By:
�4anuela Giron
City Clerk
Approved as to
By: i
. *ison
ity Attorney
CITY OF VERNON
a Municipal Corporation
Byj,� , oni�
s C. "'�
albur
Mayor
0
By:
Eric T. Fksch
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