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EMPLOYMENT AGREEMENT
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THIS AGREEMENT made and entered into this
day of
,2001,
3 by and between the CITY OF SAN BERNARDINO, a chm1er city ("City"), and JAMES FUNK, an
4 individual ("Funk"),
5 WITNESSETH:
6 WHEREAS, City has the need for the services of a Development Services Director, and
7 WHEREAS, Funk asserts that he is competent, trained and qualified for the position of
8 Director of Development Services, and
9 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
10 responsibilities of the parties,
II NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1.
APPOINTMENT. Funk is hereby appointed to, and does hereby accept such
13 appointment of, the office of Development Services Director of the City of San Bernardino.
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2.
TERM. The term of this Agreement shall be three (3) years from and beginning on
15 January 29, 2001, and terminating on January 28, 2004. At the conclusion of the third year, at the
16 sole discretion of the Mayor, subject to ratification by the City Council, Funk may be given an
17 extension of this Agreement for such term as the Mayor and Common Council and Funk deem
18 appropriate.
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3.
COMPENSA TION. For at least the first year of this Agreement, Funk shall be
20 compensated for his services as Development Services Director at Range 4591, Step I I,
21 $9,329.00/mo. ($111,948 annually), and as hereafter amended.
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4.
TERMINATION. Under the terms of this appointment, Funk serves as an "at will"
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employee and may be terminated at any time, with or without cause. Nothing in this Agreement
shall be construed as creating any vested right in such appointment or in employment with the City.
If during the term of this Agreement Funk is terminated without cause, he shall be entitled to
severance pay equal to six (6) months of his then current salary, or such number of months as shall
bring his total period of service to three (3) years, whichever is less. In no event shall the total of
the period of actual service and the months of severance pay exceed three (3) years. If the subject
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Agreement is not renewed upon its expiration, Funk shall be entitled to severance pay equal to two
2 (2) months of his then current salary. If Funk is terminated for cause there shall be no right for any
3 severance pay. As used in this Agreement "cause" is a lack of skill, competence, diligence, or
4 loyalty in the performance of his duties, determined after notice and a right to a hearing. "Cause"
5 shall also include the conviction of a felony or a crime of moral turpitude, or Funk no longer holding
6 the qualifications for the position of Development Services Director.
7 "Loyalty" for purposes of this section is defined as: the duty of the Director of
8 Development Services to avoid fraud, bad faith, usurpation of city government opportunities, and
9 selt:dealing.
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5.
AUTOMOBILE ALLOWANCE. Funk shall have an automobile allowance in the
I I amount of Three Hundred Dollars ($300.00) per month payable semi-monthly. Should the
12 automobile allowance be increased for other City officers during the term of this Agreement, Funk
13 shall likewise be entitled to such increase.
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6.
MANAGEMENT BENEFITS. Funk shall also be entitled to health, dental, vision,
15 insurance, leave, and all other benefits which are received by other management employees in the
16 City. Additionally, the City will pick up and pay Funk's entire 7% PERS retirement cost
17 contribution.
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7.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
19 paI1ies. Any correspondence, letters, documents or discussions leading up to this Agreement or in
20 any other way made between the parties or their agents are replaced and superseded by this
21 Agreement.
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8.
SEVERABILITY. If any part or provision of this Agreement is in conflict or
23 inconsistent with applicable provisions offederal, state or city statutes, or it is otherwise held to be
24 invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be
25 suspended and superseded by such applicable law or regulations, and the remainder of this
26 Agreement shall not be affected thereby.
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9. AMENDMENT. This Agreement between THE CITY OF SAN BERNARDINO,
2 a charter city, and JAMES FUNK, an individual, may only be amended by written agreement
3 executed by the parties, and may not be amended by oral agreement.
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
5 date first above shown.
6 CITY ~'1AN BERNARDINO
7 By: \. 'I/&,/
8 J .Yalles, Mayor
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9 ATTEST: (
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By:
II City Clerk
JAMES FUNK
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APPROYED AS TO FORM
13 AND LEGAL CONTENT:
14 JAMES F. PENMAN
15 City Attorney
16 By: ~ j- few-
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