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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Date:
MAYOR MORRIS
OFFICE OF THE MAYOR
Subject: Resolution of the City of San
Bernardino authorizing the execution
of an Agreement to Employ Emil
Marzullo For a Two-Year Period as
Economic and Community
Development Advisor.
MlCC Meeting Date: May 1, 2006
From:
April 26, 2006
Synopsis of Previous Council Action:
None
Recommended Motion:
That said Resolution be adopted.
~fM&d
Contact person:
Jim Morris
Phone:
384-5133
Supporting data attached: Staff ReDort
Ward:
FUNDING REQUIREMENTS: Amount:
$90,000
Source: (Acct. No.) 001-011-5502
(Acct. Description)
Finance:
Council Notes: ~ d-OO(P -I ~
.
Agenda Item No. Yl
5/IJD~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Adopt Resolution to enter into a Professional Services Agreement with Emil Marzullo to provide
consulting services to the Office of the Mayor.
Back2round:
Emil Marzullo possesses the professional skills and abilities to provide consulting services in the
form of Economic and Community Development Advisor for the Office of the Mayor. Mr.
Marzullo will be advising the Mayor on: (i) strategic plans and initiatives for economic growth;
(ii) business recruitment and retention; (iii) jobs and workforce development; (iv) housing and
home ownership opportunities; and (v) such other matters as touched upon or are related upon or
are related to economic and community development as assigned by the Mayor.
Financial ImDact:
$90,OOO/annual
Recommendation:
That said Resolution be adopted.
tO~lf
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EWM PARTNERS TO PROVIDE EMIL
3 MARZULLO'S SERVICES FOR A TWO-YEAR PERIOD AS ECONOMIC AND
COMMUNITY DEVELOPMENT ADVISOR.
4
5
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTiON I. The Mayor is hereby authorized to execute on behalf of said City an
Agreement with EWM Partners, a General Partnership, to provide the services of Emil Marzullo as
8
9
10
the Mayor's Office's Economic and Community Development Advisor for a period of two years. Said
Agreement is attached hereto, marked Exhibit'" A", and incorporated herein by reference as though
11
set forth at length.
SECTION 2. The authorization to execute the above-referenced agreement is rescinded if
the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.
12
13
14 /II
15 /II
16 /II
17 /II
18 /II
19 /II
20 /II
21 1/1
22 /II
23 /II
24 /II
25 /II
26 /II
27 /II
28 /II
1
~
-Jo 3 '7 .<;/,/d
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EWM PARTNERS TO PROVIDE EMIL
2 MARZULLO'S SERVICES FOR A TWO-YEAR PERIOD AS ECONOMIC AND
COMMUNITY DEVELOPMENT ADVISOR.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
5
on the _ day of
6
COUNCIL MEMBERS:
7
ESTRADA
8
BAXTER
9
McGINNIS
10
DERRY
11
KELLEY
12
JOHNSON
13
McCAMMACK
14
15
16
17
, 2006, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
City Clerk
18
19
The foregoing Resolution is hereby approved this _ day of
,2006.
20
21
22
PATRICK J. MORRIS, Mayor
City of San Bernardino
23 Approved as to
Form:
24
25 JAMES F. PENMAN,
City Attorney
26
27
28
By:
iJ~J!~
2
1 PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is entered into this day of May, 2006, by and between
3 EWM Partners, a General Partnership ("EWM") and the CITY OF SAN BERNARDINO, a charter
4 city ("CITY. ")
5 WHEREAS, the Mayor and Common Council have determined that it is advantageous
6 and in the best interest of the CITY to engage a professional economic and community
7 development advisor in the Mayor's Office;
8 WHEREAS, EWM is a California general partnership composed of EmilMarzullo and
9 Wendy Marzullo and of which Emil Marzullo is the sole active employee and representative. Emil
10 Marzullo ("MARZULLO") has extensive experience in economic and community development
11 matters.
12 WHEREAS, the City desires to retain EWM Partners to provide MARZULLO's services
13 as the Economic and Community Development Advisor to the Mayor;
14 WHEREAS, MARZULLO possesses the professional skills and abilities to provide those
15 services for the Mayor and the City.
16 WHEREAS, MARZULLO is a General Partner ofEWM;
17 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
18 parties hereto agree as follows:
19 1. SCOPE OF SERVICES. City hereby retains EWM to provide the following
20 consulting services:
21 a. Acting as the Economic and Community Development Advisor for the
22 Mayor's Office, MARZULLO shall advise the Mayor, and carry out and supervise such programs,
23 policies, tasks and assignments given to him by or on behalf of the Mayor regarding: (i) strategic
24 plans and initiatives for economic growth; (ii) business recruitment and retention; (iii) jobs and
25 workforce development; (iv) housing and home ownership opportunities; and (v) such other matters
26 as touched upon or are related to economic and community development and are assigned to
27 MARZULLO.
28 1/1
SDEfed/ Agreements[Marzullo.ProfSvcAg}
EXHIBIT "A"
1
1 2. COMPENSATION AND EXPENSES.
2 a. CITY shall compensate EWM for services provided pursuant to this
3 Agreement at the rate of $7,500.00 per month over the total term of this Agreement.
4 b. During the term of this Agreement, EWM shall bill and the CITY shall
5 reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in
6 connection with the aforesaid duties.
7 c. EWM shall submit monthly invoices to the Mayor or his designee for
8 consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject
9 such invoices and shall forward to the CITY's Finance Department for payment those invoices
10 accepted for payment.
11 3. TERM. The term of this Agreement shall be for two (2) years, beginning on
12 May 1,2006, and terminating on April 30, 2008, unless previously modified or amended by the
13 written mutual consent of the parties, or terminated in accordance with Section 11 herein.
14 4. RI GHT TO AUDIT. The CITY or any ofits duly authorized representatives shall
15 have access to the books and financial records ofE WM which are pertinent to the services rendered
16 herein for purposes of performing and audit. The books and financial records generated by EWM
17 pertaining to the professional consulting services rendered herein shall be retained by EWM for
18 three (3) years following expiration of this Agreement or for a longer period as required by law.
19 EWM shall maintain logs during the term of this Agreement documenting the time expended by
20 EWM to perform the services required hereunder, which shall be available for inspection upon
21 request of the CITY.
22 S. INDEPENDENT CONTRACTOR. EWM, at all times while performing under
23 this Agreement, is an independent contractor and neither EWM nor MARZULLO shall be an agent
24 or employee of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or
25 taxes of any kind from any payments which are owed to either to EWM or MARZULLO. Neither
26 EWM nor MARZULLO shall be entitled to receive any benefits which employees of CITY are
27 entitled to receive and shall not be entitled to workers' compensation insurance, unemployment
28 compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit
SDE/edl Agreements[Marzullo.ProfSvcAg]
EXHIBIT "A"
2
1 sharing, or Social Security on account of his work for CITY. This Agreement does not create the
2 relationship of agent, servant, employee, partnership, or joint venture between the parties.
3 6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood
4 that the experience, knowledge, capability, and reputation of MARZULLO was a substantial
5 inducement to enter into this Agreement. Therefore, EWM shall not contract with any other
6 individual or entity to perform, in whole or in part, the services required hereunder without the prior
7 written approval of CITY.
8 7. POLITICAL REFORM ACT. In performing the services set forth in Section
9 1 of this Agreement in the capacity ofa consultant, EWM and MARZULLO are acting as a public
10 officials as defined by the Political Reform Act of 1974, Government Code Section 87100 et seq.
11 ("Act") and both EWM and MARZULLO shall be subject to, and agree to abide by, the Act's
12 requirements, including, but not limited to, those: (i) banning certain gift and honoraria; (ii)
13 prohibiting participation in certain political activities and decisions; and (iii) requiring public
14 disclosure of personal economic interests through the filing of Fair Political Practice Commission
15 Form 700. EWM and MARZULLO specifically covenant to abide by all provisions of the Act
16 applicable to each of them and all similar or related provision ofthe CITY's Charter and Municipal
17 Code.
18 8. INDEMNIFICATION. EWM agrees and promises to indemnifY, defend, and
19 hold harmless CITY, its elected and appointed boards, commissions, officers, attorneys, agents, and
20 employees from and against any claims, losses, demands, suits, administrative actions, penalties
21 and expenses incurred by CITY with respect to (i) any benefits which employees of CITY are
22 entitled to receive, including, but not limited to, workers' compensation insurance, unemployment
23 compensation, medical insurance, life insurance, pension, profit sharing, or Social Security which
24 were not supplied to EWM or MARZULLO in the performance of this Agreement, (ii) the failure
25 of CITY to withhold the cost of such benefits or for taxes, or (iii) any assertion that by reason
26 hereof or the services to be performed pursuant to this Agreement, EWM or MARZULLO is an
27 employee of the CITY. EWM and MARZULLO specifically waive any claim of rights or benefits,
28 whether present or future, under the CITY's pension plans, fringe benefit plans afforded employees
SDE/edl Agreements[Marzullo. ProfSvcAg]
EXHIBIT "A"
3
1 of the CITY, workers' compensation or unemployment insurance or other benefits normally
2 afforded employees ofthe CITY.
3
9.
NONDISCRIMINATION. In the performance of this Agreement and in the
4 hiring and recruitment of employees, EWM shall not discriminate on the basis of race, creed, color,
5 religion, sex, sexual orientation, physical or mental disability, medical condition, pregnancy, child
6 birth or related medical conditions of any female employee, marital status, age, ethnic background,
7 ancestry, or national origin.
8
10.
NOTICE. Any notice to be given pursuant to this Agreement shall be deposited
9 with the United States Postal Service, postage prepaid and addressed as follows:
10
TO CITY:
Office of the Mayor
300 North "D" Street
San Bernardino, CA 92418
Fax: (909) 384-5067
11
12
13
TO MARZULLO:
EWM
28446 Carriage Drive
Highland, CA 92346
14
15 Nothing in this paragraph shall be construed to prevent the giving of notice by personal
16 service or telephonically verified fax transmission which shall be deemed effective upon actual
17 receipt thereof. Either party may change their address for receipt of written notice by so notifying
18 the other party in writing.
19
11.
TERMINATION.
20
a.
CITY or EWM may terminate the services provided under Sectionlofthis
21 Agreement upon sixty (60) days written notice to the other party.
22
b.
Notwithstanding Section 11 (a) above, this Agreement shall automatically
23 terminate upon notice given by the aggrieved party on or after the occurrence of any of the
24 following events:
25
(a)
(b)
The death of MARZULLO;
The disability of MARZULLO which, for purposes hereof, shall
26
27 mean the inability of MARZULLO, because of injury or illness, to perform services hereunder for
28 a period of sixty (60) days or longer;
SDE/edl Agreements{Marzullo.ProfSvcAg]
EXHIBIT "A"
4
1
2
3
4
(c)
(d)
(e)
(1)
The end of the term of the Mayor, whatever the reason;
The material breach, by EWM, of this Agreement;
The material breach, by CITY, of this Agreement;
The conviction of MARZULLO of any felony or any cnme
5 involving moral turpitude;
6 (g) The material violation, by MARZULLO, of the Act or any law,
7 regulation or policy designed to assure ethics in government or public access to information
8 concerning government; or
9 (h) The mutual agreement of CITY and EWM.
10 c. Upon termination ofthis Agreement, EWM shall be entitled to receive only
11 compensation accrued pursuant to Section 2 above for services actually rendered but unpaid as of
12 the date of termination and shall not be entitled to additional compensation.
13 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
14 between the parties. Any correspondence, letters, documents, or discussions leading up to this
15 Agreement or in any other way made between the parties or their agents are replaced and
16 superseded by this Agreement.
17 13. GOVERNING LAW. This Agreement shall be interpreted and enforced under
18 the laws of the State of California.
19 14. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing
20 party shall be entitled to reasonable attorney's fees. The cost, salary, and expenses of the City
21 Attorney and members of his/her office in enforcing this contract on behalf of the CITY shall be
22 considered "attorneys fees" for the purposes of this paragraph.
23 15. SEVERABILITY. If any part or provision of this Agreement is in conflict or
24 inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held to
25 be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be
26 suspended and superseded by such applicable law or regulation, and the remainder of this
27 Agreement shall not be affected thereby.
28 I I I
SDE/ed/ Agreements[Marzullo. ProfSvcAg]
EXHIBIT "A"
5
1
WAIVER. Failure of either party to enforce any provision of this Agreement shall
16.
2 not constitute a waiver of the right to compel enforcement of the remaining provisions of this
3 Agreement.
4
AMENDMENT. This Agreement may only be amended by a written agreement
17.
5 executed by the parties, and may not be amended by oral agreement.
6
ASSIGNMENT. This Agreement shall not be assigned by EWM without the prior
18.
7 written consent of the CITY.
8
AUTHORITY. The person(s) executing this Agreement on behalf of the parties
19.
9 hereto warrant(s) that they are duly authorized to execute this Agreement on behalf of said parties.
lOIN WITNESS WHEREO F, the parties hereto have caused this Agreement to be executed
11 as of the date first written above.
12
DATE:
CITY OF SAN BERNARDINO
13
14
By:
PATRICK J. MORRIS, Mayor
15
16
"EWM"
17
DATE:
EWM Partners, a California general
Partnership
18
19
20
DATE:
By:
EMIL MARZULLO
General Partner
21
22
23
24
Approved as to
Form:
25
JAMES F. PENMAN
City Attorney
By:
26
27
28
SDE/edl Agreements[Marzullo.ProfSvcAg]
EXHIBIT "A"
6
1 PROFESSIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is entered into this day of May, 2006, by and between
3 EWM Partners, a General Partnership ("EWM") and the CITY OF SAN BERNARDINO, a charter
4 city ("CITY.")
5 WHEREAS, the Mayor and Common Council have determined that it is advantageous
6 and in the best interest of the CITY to engage a professional economic and community
7 development advisor in the Mayor's Office;
8 WHEREAS, EWM is a California general partnership composed of Marzullo and Wendy
9 Marzullo and of which Marzullo is the sole active employee and representative. Marzullo has
10 extensive experience in economic and community development matters.
11 WHEREAS, the City desires to retain EWM Partners to provide Emil Marzullo's
12 ("MARZULLO") services as the Economic and Community Development Advisor to the Mayor;
13 WHEREAS, MARZULLO possesses the professional skills and abilities to provide those
14 services for the Mayor and the City.
15 WHEREAS, MARZULLO is a General Partner ofEWM;
16 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
17 parties hereto agree as follows:
18 1. SCOPE OF SERVICES. City hereby retains EWM to provide the following
19 consulting services:
20 a. Acting as the Economic and Community Development Advisor for the
21 Mayor's Office, EWM shall advise the Mayor, and carry out and supervise such programs, policies,
22 tasks and assignments given to him by or on behalf of the Mayor regarding: (i) strategic plans and
23 initiatives for economic growth; (ii) business recruitment and retention; (iii) jobs and workforce
24 development; (iv) housing and home ownership opportunities; and (v) such other matters as
25 touched upon or are related to economic and community development and are assigned to
26
27
28
MARZULLO.
2.
COMPENSATION AND EXPENSES.
a. CITY shall compensate EWM for services provided pursuant to this
SDE/edl Agreements[Marzullo.ProfSvcAg]
1
1 Agreement at the rate of $7,500.00 per month over the total term of this Agreement.
2 b. During the term of this Agreement, EWM shall bill and the CITY shall
3 reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in
4 connection with the aforesaid duties.
5 c. EWM shall submit monthly invoices to the Mayor or his designee for
6 consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject
7 such invoices and shall forward to the CITY's Finance Department for payment those invoices
8 accepted for payment.
9 3. TERM. The term of this Agreement shall be for two (2) years, beginning on
10 May I, 2006, and terminating on April 30, 2008, unless previously modified or amended by the
11 written mutual consent of the parties, or terminated in accordance with Section 11 herein.
12 4. RIGHT TO AUDIT. The CITY or any of its duly authorized representatives shall
13 have access to the books and financial records ofEWM which are pertinent to the services rendered
14 herein for purposes of performing and audit. The books and financial records generated by EWM
15 pertaining to the professional consulting services rendered herein shall be retained by EWM for
16 three (3) years following expiration of this Agreement or for a longer period as required by law.
17 EWM shall maintain logs during the term of this Agreement documenting the time expended by
18 EWM to perform the services required hereunder, which shall be available for inspection upon
19 request of the CITY.
20 S. INDEPENDENT CONTRACTOR. EWM, at all times while performing under
21 this Agreement, is an independent contractor and neither EWM nor Marzullo shall be an agent or
22 employee of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or taxes
23 of any kind from any payments which are owed to either to EWM or Marzullo. Neither EWM nor
24 Marzullo shall not be entitled to receive any benefits which employees of CITY are entitled to
25 receive and shall not be entitled to workers' compensation insurance, unemployment compensation,
26 medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social
27 Security on account of his work for CITY. This Agreement does not create the relationship of
28 agent, servant, employee, partnership, or joint venture between the parties.
SDE/edJ Agreementsl Marzullo.ProfSvcAg]
2
1 6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood
2 that the experience, knowledge, capability, and reputation of MARZULLO was a substantial
3 inducement to enter into this Agreement. Therefore, EWM shall not contract with any other
4 individual or entity to perform, in whole or in part, the services required hereunder without the prior
5 written approval of CITY.
6 7. POLITICAL REFORM ACT. In performing the services set forth in Section
7 I of this Agreement in the capacity ofa consultant, EWM and MARZULLO are acting as a public
8 officials as defined by the Political Reform Act of 1974, Government Code Section 87100 et seq.
9 ("Act") and both EWM and MARZULLO shall be subject to, and agree to abide by, the Act's
10 requirements, including, but not limited to, those: (i) banning certain gift and honoraria; (ii)
11 prohibiting participation in certain political activities and decisions; and (iii) requiring public
12 disclosure of personal economic interests through the filing of Fair Political Practice Commission
13 Form 700. EWM and MARZULLO specifically covenant to abide by all provisions of the Act
14 applicable to each of them and all similar or related provision of the CITY's Charter and Municipal
15 Code.
16 8. INDEMNIFICATION. EWM agrees and promises to indemnify, defend, and
17 hold harmless CITY, its elected and appointed boards, commissions, officers, attorneys, agents, and
18 employees from and against any claims, losses, demands, suits, administrative actions, penalties
19 and expenses incurred by CITY with respect to (i) any benefits which employees of CITY are
20 entitled to receive, including, but not limited to, workers' compensation insurance, unemployment
21 compensation, medical insurance, life insurance, pension, profit sharing, or Social Security which
22 were not supplied to EWM or MARZULLO in the performance of this Agreement, (ii) the failure
23 of CITY to withhold the cost of such benefits or for taxes, or (iii) any assertion that by reason
24 hereof or the services to be performed pursuant to this Agreement, EWM or MARZULLO is an
25 employee ofthe CITY. EWM and MARZULLO specifically waive any claim of rights or benefits,
26 whether present or future, under the CITY's pension plans, fringe benefit plans afforded employees
27 of the CITY, workers' compensation or unemployment insurance or other benefits normally
28 afforded employees of the CITY.
SDE/edl Agreements[Marzullo.ProfSvcAg]
3
1
9.
NONDISCRIMINATION. In the performance of this Agreement and in the
2 hiring and recruitment of employees, EWM shall not discriminate on the basis of race, creed, color,
3 religion, sex, sexual orientation, physical or mental disability, medical condition, pregnancy, child
4 birth or related medical conditions of any female employee, marital status, age, ethnic background,
5 ancestry, or national origin.
6
10.
NOTICE. Any notice to be given pursuant to this Agreement shall be deposited
7 with the United States Postal Service, postage prepaid and addressed as follows:
8
TO CITY:
Office of the Mayor
300 North "D" Street
San Bernardino, CA 92418
Fax: (909) 384-5067
9
10
11
TO MARZULLO:
EWM
28446 Carriage Drive
Highland, CA 92346
12
13 Nothing in this paragraph shall be construed to prevent the giving of notice by personal
14 service or telephonically verified fax transmission which shall be deemed effective upon actual
15 receipt thereof. Either party may change their address for receipt of written notice by so notifying
16 the other party in writing.
17
11.
TERMINATION.
18
a.
CITY or EWM may terminate the services provided under Section 1 ofthis
19 Agreement upon sixty (60) days written notice to the other party.
20
b.
Notwithstanding Section II(a) above, this Agreement shall automatically
21 terminate upon notice given by the aggrieved party on or after the occurrence of any of the
22 following events:
23
(a)
(b)
The death of MARZULLO;
The disability of MARZULLO which, for purposes hereof, shall
24
25 mean the inability of MARZULLO, because of injury or illness, to perform services hereunder for
26 a period of sixty (60) days or longer;
27
28
(c)
(d)
The end of the term of the Mayor, whatever the reason;
The material breach, by EWM, of this Agreement;
SDE/ed/ Agreements[Marzullo.ProfSvcAg)
4
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2
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The material breach, by CITY, of this Agreement;
The conviction of MARZULLO of any felony or any cnme
(e)
(t)
involving moral turpitude;
(g) The material violation, by MARZULLO, of the Act or any law,
regulation or policy designed to assure ethics in government or public access to information
concerning government; or
(h) The mutual agreement of CITY and EWM.
c. Upon termination of this Agreement, EWM shall be entitled to receive only
compensation accrued pursuant to Section 2 above for services actually rendered but unpaid as of
the date of termination and shall not be entitled to additional compensation. 12.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties.
Any correspondence, letters, documents, or discussions leading up to this Agreement or in any
other way made between the parties or their agents are replaced and superseded by this Agreement.
13. GOVERNING LAW. This Agreement shall be interpreted and enforced under
the laws of the State of California.
14. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees. The cost, salary, and expenses of the City
Attorney and members of his /her office in enforcing this contract on behalf of the CITY shall be
considered "attorneys fees" for the purposes of this paragraph.
IS. SEVERABILITY. If any part or provision of this Agreement is in conflict or
inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held to
be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be
suspended and superseded by such applicable law or regulation, and the remainder of this
Agreement shall not be affected thereby.
16. WAIVER. Failure of either party to enforce any provision ofthis Agreement shall
not constitute a waiver of the right to compel enforcement of the remaining provisions of this
Agreement.
17. AMENDMENT. This Agreement may only be amended by a written agreement
SDE/ed/ Agreements[Marzullo.ProfSvcAg]
5
.
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executed by the parties, and may not be amended by oral agreement.
18. ASSI GNMENT. This Agreement shall not be assigned by EWM without the prior
written consent of the CITY.
19. AUTHORITY. The person(s) executing this Agreement on behalf ofthe parties
hereto warrant(s) that they are duly authorized to execute this Agreement on behalf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first written above.
DATE:
CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS, Mayor
"EWM"
DATE:
EWM Partners, a California general
Partnership
DATE:
By:
EMIL MARZULLO
General Partner
"MARZULLO"
Approved as to
Form:
By:
EMIL MARZULLO
JAMES F. PENMAN
~;"~)/iMbJJ
SDE/edl Agreements[Marzullo.ProfSvcAg]
6
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 4, 2006
TO:
Emil Marzullo, Economic and Community Development Advisor
Mayor's Office I. k~
Rachel G. CIM"~
Transmitting Documents - Resolution No. 2006-125
FROM:
RE:
At the Mayor and Common Council meeting of May 1, 2006, the City of San Bernardino
adopted Resolution No. 2006-125 - Resolution authorizing the execution of an agreement with
EWM Partners to provide Emil Marzullo's services for a two-year period as Economic and
Community Development Advisor.
Attached is a fully executed duplicate original agreement for your records.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215.
Rachel G. Clark
City Clerk
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 4, 2006
TO:
James P. Morris, Mayor's Chief of Staff
Mayor's Office
RaCheIG.Cl~~
Transmitting Documents - Resolution No. 2006-125
FROM:
RE:
At the Mayor and Common Council meeting of May 1, 2006, the City of San Bernardino
adopted Resolution No. 2006-125 - Resolution authorizing the execution of an agreement with
EWM Partners to provide Emil Marzullo's services for a two-year period as Economic and
Community Development Advisor.
Attached is a fully executed duplicate original agreement for your records.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215.
Rachel G. Clark
City Clerk
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): sf J I nCc.,
I
Vote: Ayes 1- (p Nays
Item #
37
J.OOIt,- /~
~
Resolution #
Abstain i)
Companion Resolutions
Absent 7
Change to motion to amend original documents D
NulIIVoid After: UJ D days I
Resolution # On Attachments: D
PUBLISH D
POST D
G {3d I () lo
I I
Note on Resolution of attachment stored separately: D
RECORDW/COUNTY D
By:
Date Sent to Mayor: 5) J- J 0(0
. I
Date of Mayor's Signature: 5 Jt7 /~
Date of ClerklCDC Signature: 5-/ G,
, j, . d v>./~ SO
N/A ~e . 7' Date Returned:
Date MemolLetter Sent for Signature:
1;t Reminder Letter Sent:
2'" Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
D
D
g/
D
Development Services D
"'" ill
Others: ~ \ rn OT (T S
City Administrator
City Attorney
Code Compliance
Notes:
EDA D
Facilities D
Finance [W'
Fire Department D
Human Resources D
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Reso. Log Updated:
Seal Impressed:
Reso. # on Staff Report D
S/.;J./ov, Not Returned: D
,
Yes V No By~
Yes No v' By~
Yes No L By~
Yes No i/ By~
Yes N07 By~
Information Services
Parks & Recreation
D
D
D
D
D
Police Department
Public Services
Water Department
Ready to File: _
Revised 12118/03
Date: