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HomeMy WebLinkAboutResolution No. 95-C59RESOLUTION NO. 95-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THAT CERTAIN AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN CITY OF AZUSA AND HENRY GARCIA THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa hereby approves that certain Amendment No. 1 to Employment Agreement Between City of Azusa and Henry Garcia and authorizes the Mayor to execute said Amendment to the Agreement on behalf of the City in substantially the form as attached hereto as Exhibit "A". SECTION 2. The City Council reaffirms all terms and provisions of Resolution No. 91-C 168 except insofar as Resolution No. 91-C168 is amended by this Resolution. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of May, 1995. i 1, I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 1 st day of May, 1995, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, NARANJO; BEEBE, ALEXANDER` ,�%:.� - NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE 0 0 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN CITY OF AZUSA AND HENRY GARCIA This AMENDMENT NO. 1 is made and entered into by and between the CITY OF AZUSA, a municipal corporation (hereinafter "City") and -HENRY GARCIA, an individual (hereinafter "Garcia"), sy this I — day of May, 1995, with respect to that certain Employment Agreement between City and Garcia dated and effective as of November 4, 1991 (the "Agreement"). In consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Amendment of Section 4 of Agreement. Section 4 of the Agreement is amended by inserting the words "and 4.D." after the phrase, "Subject to paragraphs 4.B. and 4.C.11, and by adding paragraph 4.D., to read as follows: "For purposes of this Section 4 and Section 5 of this Agreement, Garcia shall not be terminated as City Administrator, and the City Council shall not initiate or undertake "involuntary termination", as used in Section 5 of this Agreement, unless all members of the City Council are present at a meeting at which at least four (4) members vote to terminate this Agreement." 2. Amendment Section 2 of Agreement. Section 2 of the Agreement is amended by adding the following: "In addition to those duties required of him as City Administrator hereunder, Garcia shall act as Human Resources Manager, Computer Services Manager and Assistant City Administrator unless and until Garcia receives direction not to do so from the City Council of City." 3. Reaffirmation of Remaining Terms of the Agreement. The parties hereby reaffirm all terms and conditions of the Agreement, except as expressly modified and amended pursuant to this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the date and year first written above. CITY OF AZUSA By: Stephen J. Alexander, Mayor ATTEST AdolphA olis, City Clerk APPROVED AS TO FORM4 P� Step en P. Deitsch, City Attorney Hen y Garcia -2-