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Resolution No. 2014-016RESOLUTION NO. 2014-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1 TO THE AT -WILL EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND MARK WHITWORTH WHEREAS, on December 18, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-237 appointing Mark Whitworth ("Whitworth") to serve as the City Administrator of the City of Vernon and approving the execution of a related employment agreement (the "Agreement"); and WHEREAS, the City and Whitworth desire to amend the agreement for the period of December 30, 2012 through December 31, 2014, to provide Whitworth the option of receiving either a car allowance or, instead, utilize a City vehicle; and WHEREAS, the City Council of the City of Vernon desires to approve Amendment No. 1 to the 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves Amendment No. 1 to the At -Will Employment Agreement (the "Amendment") with Mark Whitworth, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to send a fully executed Agreement to Mark Whitworth. SECTION 6: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of April, 2014. ATTEST: Ana is `P'=e / Deputy City Clerk APPROVED AS TO FORM: Name: W. Michael McCormick Title: Mayor / - Zayn4hj N,' Moussa, Deputy City Attorney - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Ana Barcia I, -Ctr7-Creti�'� Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-16, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 15, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this « day of April, 2014, at Vernon, California. (SEAL) Ana is -E ty--ei-eW / Deputy City Clerk - 3 - EXHIBIT A AMENDMENT NO. 1 TO THE AT -WILL EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND MARK WHITWORTH This Amendment No. 1 to the At -Will Employment Agreement, entered into as of December 30, 2012 ("the Agreement"), is made as of the day of 2014, by and between the City of Vernon, a California charter city and municipal corporation (the "City") and Mark Whitworth ("Whitworth"). WHEREAS, the City and Whitworth are parties to the Agreement under which Whitworth is employed by City to serve as the City's City Administrator; and WHEREAS, the City and Whitworth desire to amend the Agreement to provide Whitworth the option of receiving either a car allowance or, instead, utilizing a City vehicle. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: Subsection H of Section 6 of the Agreement is hereby amended to read as follows: "At employee's option, City shall either pay Whitworth an automobile allowance of $600 per month or provide Whitworth a City -issued vehicle consistent with the City's equipment use policies and procedures." 2. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] 1 of 2 City of Vernon, a California charter City and California municipal corporation M. M W. Michael McCormick, Mayor Name: Mark Whitworth ATTEST: Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: Zaynah N. Moussa, Deputy City Attorney 2of2 TRANSMITTAL COMMUNICATION A OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 28, 2014 Mark Whitworth Re: Amendment No. 1 to At -Will Employment Agreement Dear Mr. Whitworth: Transmitted herewith is an original fully executed employment agreement, approved by City Council on April 15, 2014. If you have any questions regarding this matter, please call Teresa McAllister at (323) 583-8811 ext. 239. Very truly yours, Deborah R. Juarez Records Management Assistant Enclosure c: Joaquin Leon Teresa McAllister Resolution No. 2014-16 Agreement File No. 14-016 ftfusivefy Industrid FULLY EXECUTED AGREEMENT AMENDMENT NO. 1 TO THE AT -WILL EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND MARK WHITWORTH This Amendment No. 1 to the At -Will Employment Agreement, entered into as of December 30, 2012 ("the Agreement"), is made as of the 15tt' day of April, 2014, by and between the City of Vernon, a California charter city and municipal corporation (the "City") and Mark Whitworth ("Whitworth"). WHEREAS, the City and Whitworth are parties to the Agreement under which Whitworth is employed by City to serve as the City's City Administrator; and WHEREAS, the City and Whitworth desire to amend the Agreement to provide Whitworth the option of receiving either a car allowance or, instead, utilizing a City vehicle. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: Subsection H of Section 6 of the Agreement is hereby amended to read as follows: "At employee's option, City shall either pay Whitworth an automobile allowance of $600 per month or provide Whitworth a City -issued vehicle consistent with the City's equipment use policies and procedures." 2. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other, agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] 1 of 2 City of Vernon, a California charter City and California municipal corporation By: '.vFdi�a/ �SYi W. Michael McCormick, Mayor ATTEST: Ana Bar8l , Depu y Cit C APPROVED AS TO FORM: ZayrO A. Moussa, Deputy City Attorney Name: Marl. Whitworth 2 of 2 STAFF REPORT CITY CLERK'S OFFICE JOINT STAFF REPORT HUMAN RESOURCES DEPARMENT AND CITY ATTORNEY'S OFFICE DATE: April 15, 2014 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources Zaynah Moussa, Deputy City Attorney�Vm RE: A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an Amendment No.1 to the At -Will Employment Agreement by and between the City of Vernon and Mark Whitworth Recommendation It is recommended that the City Council: 1) Find that approval of the proposed resolution approving Amendment No. 1 to the At -Will Employment Agreement with Mark Whitworth is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Adopt a resolution approving Amendment No. 1 to the At -Will Employment Agreement between the City of Vernon and Mark Whitworth for the period of December 30, 2012 through December 31, 2014, to provide said employee the option of receiving either a car allowance or, instead, utilizing a City vehicle, and authorize the Mayor to execute said amendment. Backaround In line with the City's good governance reforms, standard at -will employment agreements were developed by the City Attorney's Office and approved by the City Council to be used for City Executive positions. The agreement for Mark Whitworth to serve as City Administrator was approved in December 2012 pursuant to Resolution No. 2012-237. Mr. Whitworth has recently expressed an interest in utilizing a City -issued vehicle instead of the monthly auto allowance he is currently receiving. However, Subsection H of Section 6 of said agreement provides only for a monthly auto allowance and does not provide the employee the option of foregoing the monthly allowance and utilizing a City -issued vehicle instead. Either option is common in the comparable labor market. As such, it is recommended that Subsection H of Section 6 of the agreement with Mr. Whitworth be amended in its entirety to read as follows: "At employee's option, City shall either pay Whitworth an automobile allowance of $600 per month or provide Whitworth a City -issued vehicle consistent with the City's equipment use policies and procedures." Fiscal Impact There is no significant fiscal impact to provide this option, although some savings may be realized if the employee elects to utilize a City -issued vehicle. The City currently provides a monthly auto allowance of $600. If Mr. Whitworth elects to utilize a City -issued vehicle instead, the monthly cost of any vehicle lease or purchase, along with all associated routine maintenance costs, is not expected to exceed $600.