Resolution No. 09943 1 RESOLUTION NO. 9943
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 AN AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENT- BY
5 AND BETWEEN THE CITY OF VERNON AND DONAL
O'CALLAGHAN
6
7 WHEREAS, on May 7, 2007, the City Council of the City of
g Vernon adopted .Resolution No. 9315 approving an Employment Agreement
g dated May 7, 2007, as amended by Resolution No. 9890 adopted on March
10 16, 2009 (collectively,-the "Agreement") with-Donal O'Callaghan
11 ("O'Callaghan") to serve as the City's Director of Light & Power,."
12 Director of the Gas Department and Director of Utilities & Government
13 Infrastructure; and
14 WHEREAS, the City Council of the City of Vernon desires to
15 appoint O'Callaghan to serve as the City's City Administrator; and'
16 WHEREAS, the City desires to -amend the Agreement to modify.
17 and clarify .the parties'. relationship and obligations respecting
1g O'Callaghan serving as the City's Director of Light & Power, Director-
19 of the Gas Department and the City Administrator.
20 NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VERNON AS FOLLOWS:
22 SECTION 1: The City Council of the City of Vernon hereby
23 finds and determines that the recitals contained hereinabove are-true
24 and correct.
25 SECTION 2: The City Council of the City of Vernon hereby
26 approves the Amendment Number-Two to Employment Agreement ("Amendment
27 Two") with O'Callaghan, a copy of which is attached hereto as Exhibit
28 A and incorporated by reference. .The City hereby retains O'Callaghan
1 as the Director of Light.& Power, Director of the Gas Department and
2 the City Administrator on the terms and conditions contained in .the
3 Agreement, as amended, and compensation for said services. shall be
4 .paid pursuant to the Agreement, as amended.
5 SECTION 3: The City Council of the City of Vernon hereby
6 authorizes the Mayor or Mayor Pro-Tem to execute Amendment Two with
7 O'Callaghan for, and on behalf of, the_City of Vernon and the City
8 Clerk or Deputy City Clerk is hereby authorized to attest thereto..
9 SECTION 4: The-City Council of the City of Vernon hereby
10 directs the City Clerk, or-her designee, to give one fully executed
11 Amendment Two to O'Callaghan.
12 SECTION 5: The City-Clerk of the City of Vernon shall
13 certify to the passage of this resolution, and thereupon and
14 thereafter the same shall be in full force and effect.
15 APPROVED AND ADOPTED this 11th day of May,, 20.09.
16
17
Hilario ' onzales
Name:
18 Title: Mayor
19 ATTEST:
20
M NUELA GIRO , C -ty Clerk
21
22
23
24
25
26
27
28
2 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. .9943, was
6 duly adopted by the City Council of the City of Vernon at a regular
~ meeting of the City Council .duly held on Monday, May 11, 2009, and
8 thereafter was duly signed by the Mayor or Mayor. Pro-Tem of the City of
9 Vernon.-
10
11
MANUELA GI ON .City Clerk
12
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3 -
EXHIBIT A
AMENDMENT NUMBER TWO TO
EMPLOYMENT AGREEMENT
THIS .AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENT (the
"Amendment No. Two") is entered into this 15th day of May, 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 City Administrator, the Director of Light
& Power and the Director of the Gas Department.
Now, therefore, the parties agree as follows:
1. Effective Date and Defined Terms. The new Effective Date of the Agreement
shall be May 15, 2009, and- all terms defined in the Agreement, as amended, shall have the same
meanings for purposes of this Amendment No. Two, as they do in the Agreement, as amended.
2. City Administrator. O'Callaghan shall be employed in the capacity of City
Administrator for all purposes of all sections of the Agreement, as amended. O'Callaghan 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 Sections 4.1 and 4.2 of the Agreement, as amended.
.Should the City request O'Callaghan to cease performing the duties of City Administrator,
O'Callaghan shall continue as the City's Director of Light & Power and Director of the. Gas
Department, with all provisions of the Agreement, as amended, in full force and effect.
3. Integration. This Amendment No. Two and the Agreement, as amended,
represent the entire agreements and understandings. between the parties, as set forth in Section 10
of the Agreement. Any inconsistencies between the Agreement, as amended, 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.
CITY OF VERNON
a Municipal Corporation
By:
Hilario Gonzales
Mayor
ATTEST:
By:
Manuela Giron
City Clerk
Approved as to Form
By:
Jeff A. Harrison
City Attorney
By:
Donal O'Callaghan
_2_
j
}4
~
~ i
~ .
`r ~ ~
~t
{ ~ 6,~ ,
L,i_ ; r .
4305 Santa Fe Avenue, Vernon; California 90058
Telephone (323) 583-8811
.May 12, 2009
Mr. Donal O'Callaghan
City Administration
4305 Santa Fe Avenue
Vernon, California 90058
Re: Amendment No. Two to Employment Agreement
Dear Mr. O'Callaghan:
Transmitted herewith is a fully executed Amendment No. Two to
the employment agreement and a copy of Resolution No. 9943,
approved by City Council on May 11, 2009.
V ry truly yours,
Y
Nelly Gir n
City Clerk
NG:dj
c: Resolution No. 9943
Agreement File No. 09-07.2
Ea~cCusiveCy IndustriaC
1 ~
AMENDMENT NUMBER TWO TO
EMPLQYMENT AGREEMENT
? THIS AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENT (the
"Amendment No. Two") is entered into this 15th day of May, 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 City Administrator, the Director of Light
& Power and the Director of the Gas Department.
Now, therefore, the parties agree as follows:
1. Effective Date and Defined Terms. The new Effective Date of the Agreement
shall be May 15, 2009, and all terms defined in the Agreement, as amended, shall have the same
meanings for purposes of this Amendment No. Two, as they do in the Agreement, as amended.
2. City Administrator. O'Callaghan shall be employed in the capacity of City
Administrator for all purposes of all sections of the Agreement, as amended. O'Callaghan 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 Sections 4.1 and 4.2 of the Agreement, as amended.
Should the City request O'Callaghan to cease performing the duties of City Administrator,
O'Callaghan shall continue as the City's Director of Light & Power and Director of the Gas
. Department, with all provisions of the Agreement, as amended, in full force and effect.
3. Inte rag
tion. This Amendment No. Two and the Agreement, as amended,
represent the entire agreements and understandings between the parties, as set forth in Section 10
of the Agreement. Any inconsistencies between the Agreement, as amended, 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.
CITY OF VERNON
a Municipal Corporation
Hilario Gonzales
Mayor
ATTEST:
By: ~!'V`
Manuela Giron
City Clerk
Approved as to F m
By:
J . H ison
ity Attorney
Donal O'Callaghan
-2-
4 uF VFk
01~~ ~y~es 'S'Q'L
APPkOVED MAY ~ ~ Ci~1f C~U~ICib
r I ~o~~o~o ~ ~
s
Gs,Vf GY -IN~J -
~ITY LE~K DI IBUTION
~1?~0
STAFF- REPORT L~- ~
CITY ADMINISTRATION
:DATE: -May 7, 2009
TO: Mayor and City Council
FROM:. Eric Fresch, City Administrator
RE: Appointment of New City Administrator
I have been your City Administrator for a little over two years. In that time we have
proposed to you and you have adopted various ordinances that reorganized the City's
administrative structure.
Your Department Heads now have the authority and responsibility to manage their
respective departments. Various positions have been created to better manage. the
City's needs and facilitate efficient communications with other governmental agencies,
capital markets, the City's lenders, and Wall Street.
The City's credit rating has been increased two levels to .the "A-3" category. We have
structured the optimal-use of our Light & Povver resources, culminating in the City
receiving nearly $400 million in proceeds from that asset restructuring. The City has
paid off all of its nearly $300 million in project debt. And finally, the City has
successfully restructured its natural gas supply to low interest long term debt.
.Ironically,. I worked with the team representing the City accomplishing these objectives
as an~attorney. Today, I am recommending to you to appoint Donal O' Callaghan,
effective May 15th; 2009, as the administrative head of the City's government in the role
of City Administrator. He can devote his entire time to the duties and interests of the
City in this new role, as well as serving as the City's Director of Light & Pouver.
I make these recommendations to the City at no additional economic cost for Donal's
services. My own contract hourly rates for legal services also remain the same and as
.always the amount of hours 1 work are subject to the City's request and approval
Thank you for the privilege of serving this City: