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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 XHOIT -.. 1.q. 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. flt Continued on next page KA 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: s.i►, M � r The Bartlam Group: Konradt Bartlam