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HomeMy WebLinkAbout09.B- Economic Development Agency 9.B RESOLUTION (ID # 1845) DOC ID: 1845 A CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Emil A. Marzullo M/CC Meeting Date: OS/21/2012 Prepared by: Wasana A. Chantha, (909) 663- 1044 Dept: Economic Development Agency Ward(s): All Snbject: Resolution of the Mayor and Common Council of the City of San Bemardino Acting as the Successor Agency of the San Bernardino Redevelopment Agency Approving Amendment No.1 to the Employment Agreement with Barbara Lindseth Financial Impact: The total compensation for the term shall not exceed $63,600. The cost of this agreement has been included in the Administrative line item of the Recognized Obligation Payment Schedule. Motion: Adopt Resolution. Svnopsis of Previous Council Action: None. Backl!round: On February 29,2012, the City of San Bernardino acting as the Successor Agency to the former Redevelopment Agency ("City") entered into an Employment Agreement with Ms. Barbara Lindseth, for the services of Interim Finance Director in the amount of $24,600 through June 30, 2012. Ms. Lindseth has specialized knowledge regarding the San Bernardino Redevelopment Agency having retired from the Agency with 31 years of service. Ms. Lindseth's accounting and budget function services are important to the wind-down activities of the former Agency, which include providing required documentation to the State Department of Finance and the County Auditor Controller. There continues to be a great deal of financial work needed to meet these requirements. For this reason, and in accordance to Section 13 of the Employment Agreement, the City wishes to extend Ms. Lindseth's Employment Agreement. This Amendment No. I extends the term from June 30, 2012 to September 30, 2012 with a rate of pay of $60.00 an hour. The total compensation for the term shall not exceed $63,600. All other terms of the Employment Agreement shall remain in full force and effect. The cost of this agreement has been included in the Administrative line item of the Recognized Obligation Payment Schedule. Updated: 5/17/2012 by James F. Penman A rLp~'i;!' .i\120 . .... .. 9 . 9.B 1845 City Attorney Review: Supportin!! Documents: reso 1845 (PDF) 1st amdmt to emp agrmt 1845 (PDF) 05-21-12 B.Lindseth - Employment Agreement (Exhibit I) (PDF) Updated: 5/17/2012 by James F. Penman A :;;iili"i(itli!ll'132'1. "~M'~'''H,9''4'",i''''A',,, .?i."; ......' RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF THE 3 SAN BERNARDINO REDEVELOPMENT AGENCY APPROVING AMENDMENT NO.1 TO THE EMPLOYMENT AGREEMENT WITH BARBARA LINDSETH. 4 5 WHEREAS, the City of San Bernardino has an existing Employment Agreement with 6 Barbara Lindseth to serve as the Interim Finance Director of the former Economic Development 7 Agency; and 8 WHEREAS, the City wishes to extend the Agreement for three months; and 9 WHEREAS, the cost for the contract extension is $39,000.00, for a total cost of$63,600. 10 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 11 COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR 12 AGENCY OF THE FORMER REDEVELOPMENT AGENCY AS FOLLOWS: 13 SECTION 1: The City Manager is hereby authorized and directed to execute Amendment 14 NO.1 to the Employment Agreement with Barbara Lindseth to serve as the Interim Finance Director 15 of the former Economic Development Agency at a cost of $39,000, for a total cost not to exceed 16 $63,600. A copy of said Amendment is attached hereto as Exhibit "A" and incorporated herein by 17 reference. 18 SECTION 2: The authorization to execute the above-referenced Amendment is rescinded 19 if the parties to the Amendment do not execute it within 60 days ofthe passage of this Resolution. 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III F:\EASLAND\Resollltions\AmendmcntNo.1LindsethEmpAg_Reso,'>\])d 1 9.8.3 - t: " E " " ~ '" <( - t: " E >- o ii E w o - - t: " E " t: " E <( - '" ~ u: '" ~ '" - - - t: o :~ > " ~ '" ~ '" - o '" " ~ ... t: " E J:: U .. - <1 1 RESOLUTION NO._ 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF THE 3 SAN BERNARDINO REDEVELOPMENT AGENCY APPROVING AMENDMENT NO.1 TO THE EMPLOYMENT AGREEMENT WITH BARBARA LINDSETH. 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino, acting as the Successor Agency of the former 7 Redevelopment Agency at a meeting thereof, held on the _ day of 8 ,2012, by the following vote, to wit: 9 10 COUNCIL MEMBERS: AYES II MARQUEZ 12 JENKINS 13 V ALDlVIA 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 NAYS ABSTAIN ABSENT GEORGEANN HANNA, CITY CLERK 21 22 23 24 25 The foregoing Resolution is hereby approved this _ day of .2012. Patrick 1. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, :: ~"~~2u F:\EASLANDlResolutions\AmendmentNo.l LindselhEmpAg.Reso_wpd 2 9,B.. - - ~ .. E .. ~ '" <( - ~ .. E ,., o Co E w o - - ~ .. E "0 ~ .. E <( - '" - u: "' ... ., ~ - ~ ~ o .~ 'S: .. ~ "' ... ., ~ o '" .. - - ~ .. E .c u .. - ;;C :aijSlWie!i~~.h .. 2 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN BARBARA LINDSETH AND THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY 3 4 THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into thi 5 21" day of Mav 2012 by and between the CITY OF SAN BERNARDINO, as the successo 6 agency to the former San Bernardino Redevelopment Agency ("City"), and BarbaraLindseth, a 7 individual, ("Lindseth"). 8 WITNESSETH 9 WHEREAS, City as the successor agency to the former San Bernardino Redevelopmen 10 Agency has entered into an Employment Agreement on or about February 29, 2012, for th II services of Interim Finance Director; and 12 WHEREAS, Lindseth, as the former Director of Administrative Services of the S 13 14 Bernardino Redevelopment Agency, asserts that she remains competent, trained and qualified fo 15 the position of Interim Finance Director of the former San Bernardino Redevelopment Agency; 16 and 17 WHEREAS, Section 13 of the aforesaid Employment Agreement allows sueh agreemen 18 to be amended by written agreement executed by the parties; and 19 WHEREAS, the parties desire to enter into this First Amendment to Employmen 20 Agreement. 21 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 22 I. AMENDMENT TO EMPLOYMENT AGREEMENT. This First Amendment to 23 Employment Agreement amends only those terms contained herein; such terms not covered b 24 25 this document remain in full force and effect as set forth in said Employment Agreement 0 C:\Users\sonstotlAppData\Local\Temp\MinuteTraqlsanbemardinocitycw@sanbemardinocityca.IQM2.com\W ork\Attachments\2873 .do - c " E " " ~ Cl <<: - c " E >- o Q. E w o - - c " E " c " E <<: - w ~ u. '" ... <Xl ~ - N c o w > " ~ '" ... <Xl ~ E ~ Cl ~ a. E " o - E " E ~ - w ~ - c " E .t: " ~ - < ex EXHIBIT "A" February 29,2012, attached hereto as Exhibit "I". 2 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN BARBARA LINDSETH AND THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY 3 4 5 2. TERM. The Term of this Employment Agreement is extended from June 30, 2012 to 6 September 30, 2012. 7 3. COMPENSATION. City hereby agrees to pay Lindseth an hourly amount of$60.00 8 an hour for a total amount not to exceed $63,600. 9 4. ENTIRE AGREEMENT. This First Amendment to Employment Agreemen 10 contains all of the terms to be so amended. Any correspondence, letters, documents 0 11 discussion leading up to this First Amendment to Employment Agreement which deals with th 12 13 terms contained herein are superseded by this First Amendment to Employment Agreement. 14 5. SEVERABILITY. If any part or provision of this First Amendment t 15 Employment Agreement is in conflict or inconsistent with applicable provisions offederal, state 16 or city statutes, or it is otherwise held to be invalid or unenforceable by any court of competen 17 jurisdiction, such part or provision shall be suspended and superseded by such applicable law 0 18 regulations, and the remainder of this First Amendment shall not be affected thereby. 19 III 20 III 21 III 22 /II 23 III 24 /II 25 2 C:\Users\sonstot\AppData\Loca1\Temp\MinuteTraq\sanbernardinocityca@sanbernardinocityca.IQM2.com\Work\Attachments\2873.do - ~ ~ ~ E ~ ~ ~ '" <( ~ ~ ~ E >- o is. E w o ~ ~ ~ ~ E " ~ ~ E <( ~ '" ~ u. "' ... ., ~ - N ~ o '" .:; ~ ~ "' ... ., ~ E ~ '" ~ Q. E ~ o ~ E " E ~ ~ '" ~ ~ ~ ~ E .c " ~ ~ :;: ex EXHIBIT "A" """"!llllm..:tfji'~""'''' ",,,.u """ "'25'" )%;r;ac .\4... i(~. _,.: ''''+'7''''rBi:</L...,.~"...H"''''"" 11/ 2 3 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN BARBARA LINDSETH AND THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY 4 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to b 6 executed by and through their respective authorized officers, as of the date flrst above written. 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF SAN BERNARDINO, Acting as the Successor Agency to the Former San Bernardino Redevelopment Agency By: Andrea Travis-Miller, Acting City Manager BARBARA LINDSETH By: D AS TO FORlvl: c:J \.JL~W ENMAN, City Attorney 3 C:\Users\sonstot\A.ppData\Local\Temp\MinmeTraq\sanbernardinocityca@sanbemardinocityca,IQM2.com\W ork\Attachments\2873 .do ex EXHIBIT "A" :,~\;l\d~ii:'\!$26 ..".. .1l....lL... - " " E " ~ Cl <( - " " E ,., o ii E w o - - " " E "C " " E <( - ~ ~ u.. '" ~ '" ~ - N " o ~ 'S; " es '" ~ '" ~ E ~ Cl .. Co E " o - E "C E .. - ~ ~ '-' " " E .l: U .. li I 9.B'rl 2 CONTRACT EMPLOYMENT AGREEMENT BETWEEN CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY, AND BARBARA LINDSETH - ~ ~ E ~ ~ ~ Cl <( - ~ ~ E >- .2 c. E w o - - ~ ~ E " ~ ~ E <( 3 4 THIS AGREEMENT is made and entered into this 29th day of February 2012, by an 5 between the CITY OF SAN BERNARDINO, in its capacity as the successor agency to th 6 former San Bernardino Redevelopment Agency ("CITY") and BARBARA LINDSETH, 7 - - - :0 .<: x W - - ~ ~ E ~ ~ Cl <( - ~ ~ E >- o c. E w , individual ("LINDSETH"). 8 WHEREAS, the CITY, as the successor agency to the former San 9 10 Redevelopment Agency is responsible for winding down the affairs of the San - ~ ~ u.. II Redevelopment Agency pursuant to ABxl 26; and '" ... 00 - - 12 WHEREAS, LINDSETH, as the former Director of Administrative Services of the S 13 Bernardino Redevelopment Agency has specialized knowledge regarding the San Bernardin 14 Redevelopment Agency's financial and accounting practices; and 15 WHEREAS, LINDSETH is currently retired through CalPERS and is allowed to work i 16 a position of limited duration requiring specialized skills so long as the hours worked do no 17 exceed a total of960 hours in any fiscal year pursuant to Government Code !i21224; ]8 NOW THEREFORE, in consideration of the terms and conditions set forth herein, th 19 .<: - ~ ~ " ~ :J III N - , - "i '" o parties hereto agree as follows: 20 1, SCOPE OF SERVICES. CITY hereby retains LINDSETH to provide th 21 22 following services: (i) serve as the Interim Finance Director of the former Economi 23 Development Agency; (ii) supervise and direct accounting staff on a daily basis as to al .. ~ ~ E .<: u '" - ::( 24 accounting matters and compliance with appropriate policies and procedures; (iii) prepar 25 reconciliation of financial status for fiscal years 2009-10, 2010-11, and 2011-12; (iv) revie accounting and financial system and policies for the payment of all invoices and wire transfer 1 19.B.Cr and provide recommendations to the City Manager for modifications to such policies; (v) prepare 2 operating financial statements for all enterprise funds and special funds including IEMG, f <Il E California Theater/Sturgis Theater. Carousel Mall, SBEDC and AHS and similar functions; (vi) ~ C> .0: report to the City Manager on a regular basis as to the status of the wind down of the fonner 1: <Il E agency and the status of all accounting and budget functions of the former agency; and (vii ~ Co E provide recommendations to the City Manager as to the financial and accounting functions ofth w o - - former agency to expedite the wind down of the former agency. lii E "C 2. TERM. The term of this Agreement shall commence March I, 2012 an ~ .0: 3 4 5 6 7 8 9 10 terminate June 30, 2012. - "' .!: u.. ]] 3. STANDARD OF PERFORMANCE. LINDSETH shall perform all service ~ 00 ~ - 12 required pursuant 10 this Agreement to the satisfaction of the City Manager. - ~ - :;; .<: ~ W - - C <Il E <Il <Il ~ C> .0: 13 4. TIME. LINDSETH is an exempt employee who shall work as needed by the Cit 14 Manager for a period of time not to exceed 960 hours per fiscal year. 15 5. COMPENSATION. CITY hereby agrees to pay LINDSETH an hourly amount 0 16 $60.00, for a total amount not to exceed $24,600.00. LINDSETH shall not be entitled to an - C <Il E >> o Co E w , ]7 compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rat 18 of pay. .<: 1ii "' "C C :::; ai N ~ , ~ "i on o .;.: C <Il E .<: " co Ji1 ]9 6. TERMINATION. Under the terms of this appointment, LINDSETH serves as 20 21 "at will" employee and may be terminated at any time, with or without cause, and LINDSET 22 may resign at any time. Nothing in this Agreement shall be construed as creating any veste 23 right in such appointment or in employment w;th the CITY. 24 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement betwee 25 the parties. Any correspondence, letters, documents, or discussions leading up to this Agreemen 2 1..9.B.Cp or in any way made between the parties or their agents are replaced and superceded by thi 2 - C <l> E COMPLIANCE WITH LAWS. The parties hereto shall comply with applieabl< e Cl ..: Agreement. 3 8. 4 - C <l> E GOVERNING LAW. This Agreement shall be enforced and interpreted unde] .2 c. E w o - - ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing ~ ." C <l> E ..: Attorney and members of his/her office in enforcing this contract on behalf of the CITY shall be ~ u.. laws of the United States of America, the State ofCa]ifornia, and all other applicable laws. 5 9. 6 the laws of the State of California. 7 ]0. 8 9 party shall be entitled to reasonable attorney fees. The cost, salary, and expenses ofthe City 10 II considered "attorney's fees" for the purposes of this paragraph. '" .. co ~ - 12 II. SEVERABILITY. If any portion of this Agreement is held to be invalid by t3 ~ '" .0 court of law, such provision shall be considered severable, and the remainder of this Agreemen J:: )( !!!. - C <l> E <l> WAIVER. Failure of either party to enforce any provision of this Agreemen e Cl ..: 14 or any provision hereof shall not be affected. t5 12. t6 shall not constitute a waiver of the right to compel enforcement of the remaining provisions 0 1: <l> E '" o "1i E w 17 this Agreement. 18 AMENDMENT. This Agreement may only be amended by a written instrumen 13. J:: - <l> .. ." C :J ASS]GNMENT. This Agreement shall not be assigned by LINDSETH, withou oi N ~ , ~ N , '" o 19 executed by the parties hereto, and may not he amended by ora] agreement. 20 14. 21 22 prior written consent of the CITY. 23 .;.; C <l> E J:: " '" - :;: 24 25 3 t'Rlrefmi~l!i:i3f9: ..".. ..'nw'~H\1j.J.Q:L.,,>;.:;; < 19.B.c( 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by an, through their respective authorized officers, as of the date first above written. 3 4 Date: BARBARA LINDSETH BY2QA t tun ~j~';1( 5 6 7 Date: 2(2'1(12 8 9 10 ]1 ]2 13 14 APPROVED AS TO FORM: " ]5 16 17 CITY OF SAN BERNARDINO, Acting as the Successor Agency to the Former San Bernardino Redevelopment Agency 18 19 20 21 22 23 24 25 4 - C ~ E ~ ~ ~ '" <0: - C ~ E '" o ii E Ul o - - C ~ E "C C ~ E <0: - '" ~ u. '" ... "" - - - - :0 J;; ~ ~ - C ~ E ~ ~ '" <0: - C ~ E '" o ii E Ul , J;; - ~ '" "C C ::; III N - , - N . '" o - C ~ E J;; ... 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