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Resolution No. 2010-104RESOLUTION NO. 2010-104 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 RORY BURNETT WHEREAS, on January 22, 2008, the City Council of the City of Vernon adopted Resolution No. 9527 approving an Employment Agreement with Rory Burnett ("Burnett"); and WHEREAS, the City desires to amend certain terms and conditions of the Employment Agreement. , 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 Amendment Number One to the Employment Agreement ("Amendment No. One"), a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute Amendment No. One 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 take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and they transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Amendment No. One to Burnett. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage approval and adoption of this resolution, and the .City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 2nd day of August, 2010. Hilario Gonzales Name: Title: Mayor 2 STATE OF CALLFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-104, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, August 2, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2010, at Vernon, California. (SEAL) llard G��m guo', City Clerk _3_ iwint. 10-1 KAI M AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND RORY BURNETT This Amendment No. 1 ("Amendment") to that certain Employment Agreement, entered into as of January 22, 2008 ("Agreement"), is made as of , 2010 ("Effective Date"), by and between the City of Vernon, a California charter city and municipal corporation ("City") and Rory Burnett, an individual (`Burnett"). WHEREAS, City and Burnett are parties to the Agreement, entered into as of January 22, 2008, under which Burnett is employed by City to serve as City's Finance Director and to perform services in other capacities as designated by the City Council ("Agreement"); and WHEREAS, City and Burnett desire to amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. Section 2 ("Employment Term") of the Agreement is hereby amended in its entirety to read: "2. Employment Term. Subject to Section 8, Burnett's employment hereunder shall be for a term of seven (7) years and one day commencing on February 4, 2008, and terminating at the close of business on February 4, 2015 (the "Term")." 2. Section 4.1 ("Hours and Base Salary") of the Agreement is hereby amended in its entirety to read: "4.1 Hours and Base Salary. Burnett shall serve the City on a full-time basis. Burnett's salary for all services rendered shall be $28,333 per month. Burnett shall not be entitled to any additional compensation for hours provided in excess of full-time." Section 4.2 ("Additional Hours and Salary") of the Agreement is hereby deleted in its entirety. 4. Section 7 ("Vacations and Holidays") of the Agreement is hereby amended in its entirety to read: "Vacations and Holidays. Burnett shall not be entitled to any vacation or holiday leave. Burnett shall schedule vacations and other personal time away from work in reasonable accord with Burnett's professional responsibilities to City." 12720-0001 \ 1243 650v l . doc 5. Effect of Amendment. Except as expressly modified by this Amendment, the parties acknowledge and agree that the Agreement is in full force and effect in accordance with its terms. In the event of conflict between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control. 6. Entire Agreement. The Agreement, together with this Amendment, embodies the entire integrated agreement and understanding between City and Burnett with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral (the "Amended Agreement"). No waiver, alteration, or modification of any of the provisions of the Amended Agreement shall be binding unless in writing and signed by City and Burnett. 7. Headings. Headings used in this Amendment are for convenience and ease of reference only and shall not affect the interpretation of the Amendment. IN WITNESS WHEREOF, the parties have signed this Amendment as of the Effective Date stated in the introductory clause. City of Vernon, a California charter City Rory Burnett, an individual and California municipal corporation By: By: Name: HILARIO GONZALES Mayor Title: ATTEST: WILLARD G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney 2 12720-0001\1243650v1.doc T'"-il' l OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 4, 2010 Rory Burnett Finance Director/City Treasurer City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Re: Amendment No. One to Employment Agreement Dear Mr. Burnett: Transmitted herewith is a fully executed agreement, as referenced above, approved by City Council on August 2, 2010, through Resolution No. 2010-104. Very, ruly yours, WIL ARD G. M U City Clerk WGY:dj Attachment c: Martha Valenzuela Resolution No. 2010-104 Agreement File No. 10-052 E)Ccfusivefy Industriaf AMENDMENT NO. I TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND RORY BURNETT This Amendment No. 1 ("Amendment") to that certain Employment Agreement, entered into as of January 22, 2008 ("Agreement"), is made as of August 2 , 2010 ("Effective Date"), by and between the City of Vernon, a California charter city and municipal corporation ("City") and Rory Burnett, an individual ("Burnett"). WHEREAS, City and Burnett are parties to the Agreement, entered into as of January 22, 2008, under which Burnett is employed by City to serve as City's Finance Director and to perform services in other capacities as designated by the City Council ("Agreement"); and WHEREAS, City and Burnett desire to amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: l . Section 2 ("Employment Term") of the Agreement is hereby amended in its entirety to read: "2. Employment Term. Subject to Section 8, Burnett's employment hereunder shall be for a term of seven (7) years and one day commencing on February 4, 2008, and terminating at the close of business on February 4, 2015 (the "Term")." 2. Section 4.1 ("Hours and Base Salary") of the Agreement is hereby amended in its entirety to read: "4.1 Hours and Base Salary. Burnett shall serve the City on a full-time basis. Burnett's salary for all services rendered shall be $28,333 per month. Burnett shall not be entitled to any additional compensation for hours provided in excess of full-time." Section 4.2 ("Additional Hours and Salary") of the Agreement is hereby deleted in its entirety. 4. Section 7 ("Vacations and Holidays") of the Agreement is hereby amended in its entirety to read: "Vacations and Holidays. Burnett shall not be entitled to any vacation or holiday leave. Burnett shall schedule vacations and other personal time away from work in reasonable accord with Burnett's professional responsibilities to City." 12720-0001\1243650v1.doc 5. Effect of Amendment. Except as expressly modified by this Amendment, the parties acknowledge and agree that the Agreement is in full force and effect in accordance with its terms. In the event of conflict between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control. 6. Entire Agreement. The Agreement, together with this Amendment, embodies the entire integrated agreement and understanding between City and Burnett with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral (the "Amended Agreement"). No waiver, alteration, or modification of any of the provisions of the Amended Agreement shall be binding unless in writing and signed by City and Burnett. 7. Headings. Headings used in this Amendment are for convenience and ease of reference only and shall not affect the interpretation of the Amendment. IN WITNESS WHEREOF, the parties have signed this Amendment as of the Effective Date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation By: Z4� HIL OARIOARI ONZAES Mayor APP VED A TO FORM: e� LAURENCE S. WIENE. , ity Attorney 12720-0001\1243650v1.doc Rory Burnett, an individual By: J�1- &,X-r* Name: Rory Yurnett Title: Finance Director 4 mow STAFF REPORT ADMINISTRATION DATE: July 29, 2010 TO: Honorable Mayor and City Council FROM: Mark Whitworth, Interim City Administrato RE: Approval of Amendment No. 1 to Rory Burnett's Employment Agreement Rory Burnett entered into an employment agreement with the City of Vernon, effective January 22, 2008, to serve as the City's Finance Director and provide related services. Under that agreement, Mr. Burnett must provide 120 hours of service per month to the City and receives a base salary of $28,333.00 monthly, for that service. He is paid at the rate of $375.00 per hour for all hours he works in a month in excess of 120 hours. The term of the agreement is seven years from the effective date. Attached for your consideration is Amendment No. 1 to Mr. Burnett's employment agreement. The amendment provides that Mr. Burnett's base salary shall be in exchange for his full time work and eliminates the payment of $375.00 per hour. The Amendment also modifies the term of the agreement. While the agreement was effective as of Januaryl 22, 2008,, Mr. Burnett did not begin work for the City until February 4, 2008. To coincide with the actual start date of his employment, the termination date has been moved from January 21, 2015 to February 4, 2015. Recommendation: I am recommending that the City Council adopt a resolution approving Amendment No. 1 to Rory Burnett's employment agreement. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNONAPPROVINGAND AUTHORIZING THE EXECUTION OF AN AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND RORY BURNETT WHEREAS, on January 22, 2008, the City Council of the City of Vernon adopted Resolution No. 9527 approving an Employment Agreement with Rory Burnett ("Burnett"); and WHEREAS, the City desires to amend certain terms and conditions of the Employment Agreement. 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 Amendment Number One to the Employment Agreement ("Amendment No. One"), a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute Amendment No. One 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 take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Amendment No. One to Burnett SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council.of this City. APPROVED AND ADOPTED this 2nd day of August, 2010. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Willard G. Yamaguchi, City Clerk 2 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, August 2, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2010, at Vernon, California.' Willard G. Yamaguchi, City Clerk ( SEAL) _3_ EXHIBIT A AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN - THE CITY OF VERNON AND RORY BURNETT This Amendment No. 1 ("Amendment") to that certain Employment Agreement, entered into as of January 22, 2008 ("Agreement"), is made as of _ , 2010 ("Effective Date"), by and between the City of Vernon, a California charter city and municipal corporation ("City") and Rory Burnett, an individual ("Burnett"). WHEREAS, City and Burnett are parties to the Agreement, entered into as of January 22, 2008, under which Burnett is employed by City to serve as City's Finance Director and to perform services in other capacities as designated by the City Council ("Agreement"); and WHEREAS, City and Burnett desire to amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. Section 2 ("Employment Term") of the Agreement is hereby amended in its entirety to read: "2. Employment Term. Subject to Section 8, Burnett's employment hereunder shall be for a term of seven (7) years and one day commencing on February 4, 2008, and terminating at the close of business on February 4, 2015 (the "Term")." 2. Section 4.1 ("Hours and Base Salary") of the Agreement is hereby amended in its entirety to read: "4.1 Hours and Base Salary. Burnett shall serve the City on a full-time basis. Burnett's salary for all services rendered shall be $28,333 per month. Burnett shall not be entitled to any additional compensation for hours provided in excess of full-time." 3. Section 4.2 ("Additional Hours and Salary") of the Agreement is hereby deleted in its entirety. 4. Section 7 ("Vacations and Holidays") of the Agreement is hereby amended in its entirety to read: "Vacations and Holidays. Burnett shall not be entitled to any vacation or holiday leave. Burnett shall schedule vacations and other personal time away from work in reasonable accord with Burnett's professional responsibilities to City." 12720-000 B 1243650v 1. doc 5. Effect of Amendment. Except as expressly modified by this Amendment, the parties acknowledge and agree that the Agreement is in full force and effect in accordance with its terms. In the event of conflict between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control. 6. Entire Agreement. The Agreement, together with this Amendment, embodies the entire integrated agreement and understanding between City and Burnett with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral (the "Amended Agreement"). No waiver, alteration, or modification of any of the provisions of the Amended Agreement shall be binding unless in writing and signed by City and Burnett. 7. Headings. Headings used in this Amendment are for convenience and ease of reference only and shall not affect the interpretation of the Amendment. IN WITNESS WHEREOF, the parties have signed this Amendment as of the Effective Date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation By: HILARIO GONZALES Mayor ATTEST: WILLARD G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney Rory Burnett, an individual By: Name: Title: 2 12720-0001\1243650v1.doc