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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. -2- 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 -3- 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 -4-