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HomeMy WebLinkAboutResolutions - No. 2009-11RESOLUTION NO. 2009-11 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH KONRADTBARTLAM TO SERVE AS COMMUNITY DEVELOPMENT DIRECTOR NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Consultant Contract with Konradt Bartlam for Community Development Director, as shown on Exhibit" A attached hereto. Date: January 21, 2009 hereby certify that Resolution No. 2009-11 was passed and adopted by the Lodi City Council in a regular meeting held January 21, 2009 by the following vote: AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, and Mayor Hansen NOES: COUNCIL MEMBERS— Mounce ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None City Clerk 2009-11 l CONSULTANT CONTRACT IEXHiBT 9 This Agreement is made and entered into as of January , 2009, by and between the City of Lodi, a municipal corporation, hereinafter called "City" and Konradt Bartlam, hereinafter called "Consultant" both of whom agree as follows: RECITALS: It is the desire of the City to retain the services of Consultant on a one year term basis to perform the functior s of the Community Development Director. The City previously contracted with Consultant for Interim Community Development services under a Consultant Agreement dated August 20, 2008 and for General Plan Management Services under a Professional Services Agreement dated September 19, 2007. The former Agreement is superseded by this Agreement and the latter Agreement expired on its own terms. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. GENERAL: City hereby agrees to contract with Consultant to perform the functions of the Community Development Director of the City starting January 26, 2009 and Consultant agrees to Perform the full range of duties and responsibilities as described in the Community Development Director Job Description dated February 1, 2007, and other functions and duties the City Manager shall assign from time to time. 2. HOURS OF WORK: The Consultant has discretion as to his work schedule but must devote an average minimum cf 24 hours per week to the job and will typically have office hours on Tuesday through Thursday. Consultant shall also attend 811 Planning Commission Meetings and City Council meetings when attendance is deemed necessary by the City Manager. 3. CoMPMSA19©N: City agrees to provide the following compensation to Consultant during the term of the Agreement: {a) Consuitant shall be paid a salary of $90.00 per hour biweekly. (b) Because Consultant is an independent contractor, consultant shall be responsiblefor all employer costs required by law, including but not limited to: Social Security, FICA, Medicare, Unemployment Compensation, and workers compensation. 4. BENEFITS: As an independent contractor, Consultant shall not be entitled to any benefits set forth in the Executive Management Statement of Benefits including but not limited 272 to PERS retirement, sick leave, vacation, administrative leave, health insurance, deferred compensation, or life insurance. 5. TERMINATION: (a) Termination by Consultant - In the event Consultant terminates this contract with City, he shall give City at least twenty-one (21) days advance written notice and shall be entitled to all earned compensation. (b) Termination by City — The City Manager may terminate this Agreement at any time, with or without cause. Twenty-four hours Notice of Termination shall be provided to Consultant in writing. Moreover, this agreement shall automatically terminate upon the hiring of a permanent Community Development Director. 6. MODIFICATIONS: No modification of this agreement shall be valid unless said modification is in writing and signed by both parties. 7. CONFLICT OF INTEREST: Consultant shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicabie to his City consultancy. Consultant is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. IN WITNESS WHEREOF, the City Manager of the City of Lodi has signed this Agreement and Consultant has signed and executed this Agreement as of the day and year first above written. CITY OF LODI, a municipal corparation: By: Blair King City Manager Attest: Randi Jbhl City Clerk Approved as to Form: D. Stephen Schwab'auer City Attorney 2 273 CONSULTANT: Konradt Bartlam