HomeMy WebLinkAboutReso 190-1986RESOLUTION NO. 190-86
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPOINTING C. WALTER BIRKELO INTERIM
CITY MANAGER AND AUTHORIZING EXECUTION OF AN AGREE-
MENT FOR SERVICES
WHEREAS, C. Walter Birkelo has been the City Manager of the City of South
San Francisco for ten years and is now retiring; and
WHEREAS, the City Council will conduct a search for a new City Manager but
needs to have someone function as the administrative head of City operations
during the interim period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that it hereby appoints C. Walter Birkelo as Interim City Mana9er,
commencing January 1, 1987, and authorizes the Mayor to execute the "Agreement
for Services As An Interim City Manager" attached as Exhibit "A".
I hereby certify that t~e foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting meld on the loth day of December , 19 86 by the following vote:
AYES: Councilmembers John "Jack" Drago, R~chard A. Haffey, Gus Nicolopulos
and Mark N. Addie~o
NOES: None
ABSENT: Councilmember Roberta Cerri Teglia
EXHIBIT A TO RESOLUTION NO. 190-86
AGREEMENT FOR SERVICES AS
AN INTERIM CITY MANAGER
This Agreement dated~' December-t0-~ - , 1986' is by and between the Gity
of South San Francisco, a municipal corporation, hereinafter designated as "City"
and C. Walter Birkelo, hereinafter designated as "Contractor".
RECITALS
WHEREAS, contractor has been the City Manager of the City of South San Francisco
for ten years and is retiring; and
WHEREAS, the City will conduct a search for a new City Manager but needs to
have someone function as the administrative head during the interim period; and
WHEREAS, Contractor is capable and willing to perform the duties of a City
Manager in the interim period between his official retirement and the assumption
of responsibilities by his successor,
NOW, THEREFORE, in consideration of the recitals, and the conditions contained
herein, the parties agree as follows:
1. TERMS OF AGREEMENT
This Agreement to be effective December 11, 1986 and to remain .in effect
until cancelled. The services to be performed under this Agreement shall
commence on January 1, 1987.
2. SERVICES TO BE RENDERED
Contractor agrees to diligently perform the duties of a City Manager, in
accordance with provisions of Chapter 2.36, 3.04, 3.24 and 3.28 of the
South San Francisco Municipal Code and any other applicable laws, rules
or regulations. Contractor understands that the amount of time necessary
to perform such duties may exceed the maximum number of hours for which
compensation may be available.
e
COMPENSATION
Contractor will be compensated at the rate of thirty-five dollars and
thirty-eight cents ($35,38) per hour, for a maximum of eighty-six 186)
hours in any calendar'month~ Payment will be made upon a monthly sub-
mission of a statement to the Director of Finance of hours and charges
by Consultant. City agrees to make, in advance, a supplemental salary
payment (deductible from future billings) to Contractor in the amount
of seven thousand two hundred dollars ($7,200.) on or before December
15, 1986. In exchange for the timing of this supplemental payment,
City will retain an equivalent amount from benefit payments (e~g~
accrued vacation and sick leave) due to Contractor at the time of his
official retirement from the City, until such time as the value of
services performed under the terms of this Agreement has been satisfied
in equivalent amount (i.e. approximately 203.5 hours of services).
INDEPENDENT CONTRACTOR
Contractor is an independent Contractor and is not an employee of the
City nor entitled to any of the benefits available to City employees
other than the benefits to which retired City employees are entitled.
INSURANCE
Contractor at his own cost and expense shall carry and maintain, subject
to the approval of the City Attorney, workers' compensation and general
and automobile liability insurance.
HOLD HARMLESS
City agrees to defend and hold harmless Contractor in any legal actions
arising out of the proper and required performance of his duties as City
Manager, except that City shall not defend and hold harmless Contractor
from any alleged criminal actions nor any actions arising from other than
within the course and scope of the services to be rendered by Contractor
under this Agreement.
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7~ BOND
Contractor must comply with the bond requirements of Chapter 2.20 of the
South San Francisco Municipal Code~
8..' NON-ASSIGNMENT
This Agreement contemplates the unique services of Contractor. Neither
this Agreement nor any interest therein may be assigned.
9. OWNERSHIP OF MATERIALS
Any and all documents or materials prepared by Contractor pursuant to
this Agreement shall be the property of the City at the moment of their
completed preparation.
10. AMENDMENTS
This Agreement is not subject to modification or amendment except by a
writing executed by both parties. ~'
11. TERMINATION
City may, at any time in its absolute discretion, elect to suspend or
terminate any or all of this Agreement~ Contractor may terminate this
Agreement upon thirty (30) days written notice to the City Council.
12. NOTICES
All notices pursuant to this Agreement shall be given as follows:
CITY: Mayor ·
P.O. Box 711
South San Francisco, CA. 94083
CONTRACTOR: C. Walter Birkelo
295 Dundee Drive
South San Francisco, CA. 94080
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IN WITNESS WHEREOF, the parties execute this Agreement~
CONTRACTOR ''
C. Walter Birkelo
C. Walter Birkelo
ATTEST:
City Clerk
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
APPROVED AS TO FORM:
AttOrney
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