Resolution No. 098901
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RESOLUTION NO. 9890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND DONAL
O'CALLAGHAN
WHEREAS, on May 7, 20OV, the City Council of the City of
Vernon adopted Resolution No. 9315 approving an Employment Agreement
dated May 7, 2007 (the "Agreement") with Donal O'Callaghan
("O'Callaghan") to serve as the City's Director of Light & Power and
Director of the Gas Municipal Utility Department; and
WHEREAS, the City Council of the City of Vernon desires to
appoint O'Callaghan to serve as the City's Director of Utilities
Government Infrastructure; and
WHEREAS, the City desires to amend the Agreement to modify
and clarify the parties' relationship and obligations respecting
O'Callaghan serving as the City's Director of Light & Power, Director
of the Gas Municipal Utilities Department and the Director of Utilities
& Government Infrastructure.
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 Employment Agreement ("Amendment
One") with O'Callaghan, a copy of which is attached hereto as Exhibit
A and incorporated by reference. The City hereby retains OCallaghan
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as the Director of Light & Power, Director of the Gas Municipal
Utilities Department and the Director of Utilities & Government
Infrastructure 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�One with
O'Callaghan 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
directs the City Clerk, or her designee, to give one fully executed
Amendment One to O'Callaghan.
SECTION 5: 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.
EONIS C. MA URG, ayor
ATTE.,9T:
MANfJELA GIRON, '�'it& 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. 9890, 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, 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
MANUELA GIRON, �--ity Clerk
(SEAL)
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EXHIBIT A
AMENDMENT NUMBER ONE TO
EMPLOYMENT AGREEMENT
THIS AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT (the
"Amendment No. One") is entered into this 16th day of March, 2009, by and between the CITY
OF VERNON, a municipal corporation, ("City") and DONAL O'CALLAGHAN, an individual
("O'Callaghan"), based on the following facts and circumstances:
A. The City and O'Callaghan desire to amend the Employment Agreement (the
"Agreement"), such that O'Callaghan shall now be the Director of Utilities & Government
Infrastructure, the Director of Light & Power and the Director of the Gas Municipal Utility
Department.
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. One, as they do in the Agreement.
2. . Director of Light & Power and Director of the Gas Municipal Utility Department
O'Callaghan shall be employed in the capacity of Director of Light & Power and Director of the
Gas Municipal Utility Department for all purposes of all sections of the Agreement.
3. Base Salar . Section 4.1 of the Agreement is hereby amended to increase the base
salary to $32,000 per month.
4. Hourly Rate. Section 4.2 of the Agreement is hereby amended to increase the
hourly rate to $300 per hour.
5. Director of Utilities & Government Infrastructure. O'Callaghan shall perform the
services of Director of Utilities & Government Infrastructure of the City, at the will and pleasure
of the City Council, and shall perform said duties under Section 4.1 of the Agreement, as
amended. Should the City request O'Callaghan to cease performing the duties of the Director of
Utilities & Government Infrastructure, O'Callaghan shall continue as the City's Director of Light
& Power and Director of the Gas Municipal Utility Department, with all provisions of the
Agreement in full force and effect.
6. Integration. This Amendment No. One and the Agreement represent the entire
agreements and understandings between the parties, as set forth in Section 10 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.
ATTEST:
By:
Manuela Giron
City Clerk
Approved as to Form
.0
Jeff A. Harrison
City Attorney
am
LI-A
CITY OF VERNON
a Municipal Corporation
Leonis C. Malburg
Mayor
Donal O'Callaghan
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4305 Santa Fe. Avenue, Vernon, California 90058
Telephone (32,3.), 58, -8811
March 23, 2009
Mr. Donal O'Callaghan
Light & Power Department
4305 Santa Fe Avenue
Vernon, California 90058
Re: Amendment No. One to Employment Agreement
Dear Mr. O'Callaghan:
Transmitted herewith is a fully executed Amendment No. One to
the employment agreement and a copy of Resolution No. 9890,
approved by City Council on March 16, 2009.
Very truly yours,
Nelly Gi
City Clerk
NG:km
C: Resolution No. 9890
Agreement File No. 09-042
E#Iusivefy Industrial
AMENDMENT NUMBER ONE TO
EMPLOYMENT AGREEMENT
THIS AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT (the
"Amendment No. One") is entered into this 16th day of March, 2009, by and between the CITY
OF VERNON, a municipal corporation, ("City") and DONAL O'CALLAGHAN, an individual
("O'Callaghan"), based on the following facts and circumstances:
A. The City and O'Callaghan desire to amend the Employment Agreement (the
"Agreement"), such that O'Callaghan shall now be the Director of Utilities & Government
Infrastructure, the Director of Light & Power and the Director of the Gas Municipal Utility
Department.
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. One, as they do in the Agreement.
2. Director of Light & Power and Director of the Gas Municipal Utili�y Department
O'Callaghan shall be employed in the capacity of Director of Light & Power and Director of the
Gas Municipal Utility Department for all purposes of all sections of the Agreement.
3. Base Sal . Section 4.1 of the Agreement is hereby amended to increase the base
salary to $32,000 per month.
4. Hourly Rate. Section 4.2 of the Agreement is hereby amended to increase the
hourly rate to $300 per hour.
5. Director of Utilities & Government Infrastructure. O'Callaghan shall perform the
services of Director of Utilities & Government Infrastructure of the City, at the will and pleasure
of the City Council, and shall perform said duties under Section 4.1 of the Agreement, as
amended. Should the City request O'Callaghan to cease performing the duties of the Director of
Utilities & Government Infrastructure, O'Callaghan shall continue as the City's Director of Light
& Power and Director of the Gas Municipal Utility Department, with all provisions of the
Agreement in full force and effect.
6. Integration. This Amendment No. One and the Agreement represent the entire
agreements and understandings between the parties, as set forth in Section 10 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.
ATTEST:
By:
Aanuela' biron--'--
City Clerk
=9 0
LIZ
CITY OF VERNON
a Municipal Corporation
B
Leon&s �albur�,g
Mayor
Donal 6-�Calfu g..h=%
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