HomeMy WebLinkAbout1983-099
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Ii RESOLUTION NO. 83-99
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i RESOLUTION AUTHORIZING AND DIRECTING CITY ATTORNEY TO
ii INS'l'ITUTE AC'I'ION TO 'l'ERlUNATE AGREEMENT OR ARRANGEHENT In'I'B
!iNATIONAL PLAN COORDINA'fORS, INC., TO SERVE AS ADMINISTRA'I'OR OR
iIADMINISTRATOR/COORDINA'l'OR OF' cn,'y I S DEFERRED COMPl:.NSATION PLAN.
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BE IT RESOLVED BY THE MAYOl< AND COMMON COUNCIL OF' 'rHE CI'l'Y OF
SAN BEHNARDINO AS FOLLOWS:
SECTION 1. Findings.
(al By Resolut~on No. 12603, the l'1ayor and Common Council of
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i the City of San Bernardino authorized the execution of an
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~a9reement with National Plan Coordinators, Inc., relating to
'I ser'vices as plan coord inator under the City's Deferred
COhlpensat~on progr-am, which agreement was entered into on the 22nd
day of November, 1976.
(b) By Resolution No. 79-321 dated the 6th day of AU\just,
1979, the Mayor was authorized and directed to execute on behalf
of the City an agreement with National Plan Coor-dinators, Inc.,
relating to services as plan adm~nistrator under the City's
Deferred Compensation program, but no executed copy of this
agreement has ever been provided to the City.
(cl By Resolution No. 79-413 dated October 1, 1979, the
Mayor and Common Council authorized and directed the Mayor to
execute on behalf of tIle City a First Amendment to Agreement with
National Pli:ln Coordinator's, IllC., Recital (al of which "First
Amendment to Agreement" specified that "City and Plan Coordinator
entered into all agreement on November 22, 1976, relating to the
performance of cer-tain functions in the implementation and
continuing operation of the Deferred Compensation Plan"; Recital
(bl of tllat agreement specified that "'l'he parties now desire to
amend the agreemellt to provide for a Olle year extension";
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1 paragraph 2 of the First Amendment to Agreement specified "The
2 term of this amendment shall be November 22, 1979 through November
3 21, 1980" and paragraph 3 of that agreement specified that "All
4 other terms, conditions and covenants of said agreement shall
5 remain the same and be in full force and effect."
6 (d) Notwi thstand ing the foregoing executed and unexecuted
7 documents, representatives of National Plan Coordinators, Inc.
8 allegedly have claimed that a different agreement ~las entered into
9 by the Ci ty of San Bernardino, signed by the then Finance
10 Director, specifying different terms and conditions. No authority
11 was issued to the Finance Director to sign any such contract, and
12 if any such contract exists, it was signed without authorization
13 of the r'layor and Common Council of the City of San Bernardino.
14 (e) The ~layor and Common Council of the City of San
15 Bernardino, acting upon the recommendation of the Deferred
16 Compensation Advisory Committee, have determined that it is in the
17 best interest of the City and of the employees participating in
18 the Deferred Compensation Plan to terminate whatever agreement or
19 understanding presently exists between the City and National Plan
20 Coordinators, Inc., as administrator, or as
21 administrator/coordinator, or in any other capacity, as
22 exped i tiously as may properly be done.
23 SEC'I'ION 2. Implementation. The City Attorney of the City of
24 San Bernardino is hereby authorized and directed to institute
25 such action as is necessary and appropriate to terminate any
26 agreement or understanding between the City of San Bernardino and
27 National Plan Coordinators, Inc., in accordance with the terms of
28 the executed agreements between the parties, and, for this
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[purpose, is authorized to serve such notices upon National Plan
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!'Coordillators, Inc., on behalf of the City as City Attorney in his
I discretion deems appropriate, vlith the intention to terminate as
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4 soon as practical the services of National Plan Coordinators,
5 Inc., as administrator, as administrator/coordinator, or as agent
6 for the City in any other capacity regarding the Deferred
7 Compensation Program of the City for its employees.
8 I hEREBY CER'rIl'Y that the foregoing resolution was duly
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II adopteo by the Hayor
IIBernurdino at a
Ion the 4th day of
vote, to wi t:
and Common Council of the City of San
regular
meeting thereof, held
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April
, 1983, by the following
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AYES:
Council Members
Castaneda. Hernandez. Mark~.
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Quiel. Hobbs. Strickler
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NAYS:
None
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Council Member Reillv
AD~~N'r :
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~--/~
/ City Clerk
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Tne foregoing resolution is hereby
s 7/-r( day
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of
, 1983.
April
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Approved as to form:
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C ~ ty ,.t tOL-ney
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