HomeMy WebLinkAboutResolutions - No. 2010-45RESOLUTION NO. 2010-45
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR INTERIM
CITY MANAGER SERVICES WITH THE BARTLAM GROUP
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi
that the City Manager is hereby authorized and directed, for and on behalf of the City
Council of the City of Lodi, to execute with the Bartlam Group an agreement for Interim
City Manager services in the form and the document attached hereto, marked Exhibit
"A," and by reference made a part hereof.
Dated: April 13, 2010
I hereby certify that Resolution No. 2010-45 was passed and adopted by the City
Council of the City of Lodi in a special meeting held April 13, 2010, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
2010-45
CONSULTANT CONTRACT E
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This Agreement is made and entered into as of April , 2010, by and between
the City of Lodi, a municipal corporation, hereinafter called "City" and The
Bartlam Group, hereinafter called "Consultant," both of whom agree as follows:
RECITALS:
It is the desire cf the City to retain the services of Konradt Bardam through
Consultant to perform the functions of the City Manager. The City previously
contracted with Consultant. for Interim Community Development services under
several contracts and all preceding contracts between the Bartlam Group or
KonradtBartlam and the City of Lodi are hereby terminated.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto agree as follows:
1. GENERAL:
City hereby contracts with Consuitant to assign Konradt Bartlam to perform
the functions of the City Manager of the City starting May 7, 2010 and
Consultant agrees to provide Konradt Bartlam to perform the full range of
duties and responsibilities as described in Chapter 2.12 of the Lodi
Municipai Code — "City Manager', the California Government Code, and City
policies and procedures approved by the City Council, and other functions
and duties the City Council shall assign from time to time.
2. HOURS CBE' WORK:
The Consuitant has discretion as to his work schedule but must devote an
average minimum of 40 hours per week to the job and will typically have
office hours on Monday through Friday. Consuitant shall also attend all City
Council meetings and be available at ail times to fulfill the obligations of City
Manager as required by the Municipal Code, the California Government
Code, and City policies and procedures.
3. COMPENSATION:
City agrees to provide the following compensation to Consultant during the
term of the Agreement:
(a) Consultant shalt be paid a salary of $7,835.00 bi-weekly. This number
is calculated as the published City Manager Salary of $160,000
reduced by the value of one furlough day per month ($160,000 — (4.6%
x $160,000) = $152,640) plus the value cf usual and customary
benefits excluding deferred compensation, executive leave, sick leave,
and vacation far a total of $203,735 per year divided by 26 pay periods
per year.
(b) Because Consultants an independent contractor, consultant shall be
responsible for 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 to PERS retirement, sick leave, vacation,
administrative leave, health insurance, deferred compensation, or life
insurance. Consuitant may however schedule unpaid leave.
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 Council 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 City Manager.
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 con'dict of interest provisions of the
California Government Code and any �nfli, of interest code applicable 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.
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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 corporation:
By:
Blair King
City Manager
Attest:
Randi Johl
City Clerk
Approved as to Form:
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The Bartlam Group:
Konradt Bartlam