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Resolution No. 2913294 RESOLUTION NO. 2913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE EXECUTION OF AN AGREEMENT FOR SPECIAL NOTICE PRIOR TO TERMINATION OF EMPLOYMENT. WHEREAS, Darrell Essex (the "Affected Employee") has served in the employ of the City of Cypress, a municipal corporation (the "City") for over twenty years; and WHEREAS, the position of City Manager is unique, particularly with respect to the vulnerability of incumbents resulting from changes in the composition of city councils; and WHEREAS, the City Council of the City desires to take reasonable and appropriate action to assist in assuring the continued availability of the services of the Affected Employee as City Manager; and WHEREAS, the City Council and the Affected Employee recognize the need to provide future City Councils of the City flexibility with respect to their decisions in relation to the position of City Manager, but agree that some reasonable notice of any future change which would terminate the tenure of the current incumbent in that position is reasonable, appropriate, and in the best interest of the City and its inhabitants; and WHEREAS, the Agreement in the form of Exhibit "A" (the "Agreement") which is attached hereto and by this reference incorporated herein, provides for a reasonable accommodation of the foregoing premises. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES RESOLVE AS FOLLOWS: 1. The City Council authorizes and directs the Mayor to execute the Agreement on its behalf. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of April 1985. ATTEST: �yv 14 CITY CLERK H C OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE SS MAYO F THE CITYCYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 22nd day of April 1985; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen,Partin NOES: 0 COUNCIL MEMBERS: None and Kanel ABSENT: 0 COUNCIL MEMBERS: None , CITY CLERK HEE TY OF CYPRESS 295 EXHIBIT "A" AGREEMENT PROVIDING FOR SPECIAL NOTICE PRIOR TO TERMINATION OF EMPLOYMENT WHEREAS, Darrell Essex (the "Affected Employee") has served in the employ of the City of Cypress, a municipal corporation (the "City") for over twenty years; and WHEREAS, the Affected Employee has been providing the City with administrative services in his capacity as City Manager, and the City desires to secure his continued performance of such duties and functions as specified in the Cypress City Charter and the City Code; and WHEREAS, the position of City Manager is unique, particularly with respect to the vulnerability of incumbents resulting from changes in the composition of city councils; and WHEREAS, the Council desires to retain the services of the Affected Employee and provide inducement for him to remain in such employment, to make possible full work productivity by assuring the Affected Employee's morale and peace of mind with respect to future security, and to provide a just means for terminating the Affected Employee's services at such time as the City may desire to terminate his employment; and WHEREAS, the Affected Employee desires to continue employment as City Manager of the City; WHEREAS, the City Council and the Affected Employee recognize the need to provide future City Councils of the City flexibility with respect to their decisions in relation to the position of City Manager, but agree that some reasonable notice of any future change which would terminate the tenure of the current incumbent in that position is reasonable, appropriate, and in the best interest of the City and its inhabitants. NOW, THEREFORE, THE CITY AND THE AFFECTED EMPLOYEE AGREE AS FOLLOWS: Section 1. Duties. The City hereby agrees to employ Darrell Essex as City Manager to perform the functions and duties specififed in the Cypress City Charter and the City Code. 296 Section 2. Term. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Affected Employee at any time, subject only to the limitations contained in the City Charter and the provisions set forth in Section 3 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Affected Employee to resign from his position with the City at any time, subject only to the provisions set forth in Section 3, paragraph C of this Agreement. C. The Affected Employee agrees to remain an exclusive employee of the City and neither to accept other employment or to become employed by any other employer, until either party to this Agreement exercises their right to terminate. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service which does not interfere with the Affected Employee's performance of the duties of City Manager. Section 3. Special Notice. A. Except as otherwise provided in Section 4 of this Agreement, prior to terminating the Affected Employee, the City shall give written notice of such action to the Affected Employee not less than six (6) months prior to the Affected Employee's last date of employment. B. In the event the City reduces the salary or other employment benefits of the Affected Employee by a greater percentage than any similar across-the-board reduction for all employees of the City, or in the event the City refuses, following written notice, to comply with any other provision herein benefitting the Affected Employee, or the Affected Employee resigns following a request or suggestion by the Council that he resign, or the powers and/or duties of the position of City Manager are so changed as to substantially change the character of the position, then, in that event, the Affected Employee may, at his option, be deemed to have received notice of termination pursuant to paragraph A of this Section 3. 04/02/85 4187p/2060/00 Section 4. Conditions as to Which Special Notice Inapplicable. The provisions of paragraph A. of Section 3 of this Agreement shall not be applicable in the event of misfeasance or malfeasance by the Affected Employee. Section 5. Duties. Except as hereinabove set forth, the compensation and all terms and conditions of employment of the Affected Employee shall he as from time to time established by the City Council of the City. This Agreement shall be dated as of the day of , 1985, and shall be enforceable by the City Council (on behalf of the City), and by the Affected Employee, his heirs, successors, and legatees, but by no other person. CITY OF CYPRESS, a municipal corporation Mayor ATTEST: Deputy City Clerk 04/02/85 4187p/2060/00 "CITY" DARRELL ESSEX "AFFE ED EMPLOYEE" 297