HomeMy WebLinkAbout03-Mayor ,
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OFFICE OF THE MAYOR
St'q ..� z C PATRICK J. MORRIS
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Members of the Common Council
FROM: Patrick J. Morris, Mayc(V
SUBJECT: Agenda Item #2 - Amendment to Extend the Term of the Employment Agreement
with Interim City Manager Mark F. Weinberg
DATE: March 19, 2008
CC: Interim City Manager, City Clerk, City Attorney
Attached is a proposed resolution and amendment to the employment agreement with
Mark F. Weinberg that would extend the term of his employment as City Manager for the
City of San Bernardino until April 21, 2009. I would ask that you adopt the attached
resolution authorizing execution of the amendment.
Mr. Weinberg is unfortunately unable to continue his employment past this date due to the
limitation established by the California Public Employees Retirement System (PERS) system of
960 hours annually that a PERS retiree may work for a public agency. Upon the expiration of
Mr. Weinberg's employment agreement on April 21, 2009, in accordance with Section 101 of
the City Charter, Assistant City Manager Lori Sassoon will become the Acting City Manager
until the arrival of the new permanent city manager.
nM
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
3 BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRST AMENDMEN
TO EMPLOYMENT AGREEMENT BETWEEN MARK F. WEINBERG AND TH
4 CITY OF SAN BERNARDINO
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized an.
8 directed to execute on behalf of said City the First Amendment to Employment Agreemen
9 between Mark F. Weinberg and the City of San Bernardino, which is attached hereto, marke•
10 Exhibit"A", and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization to extend the above-referenced agreement is rescinde.
12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of thi
13 resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRST AMENDMEN
2 TO EMPLOYMENT AGREEMENT BETWEEN MARK F. WEINBERG AND THE
3 CITY OF SAN BERNARDINO
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an.
6 Common Council of the City of San Bernardino at a meeting thereof, held o
7 the day of , 2009, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
11 BAXTER
12 BRINKER
13 (VACANT)
14 KELLEY
15
JOHNSON
16
17 MCCAMMACK
18
19 City Clerk
20
The foregoing resolution is hereby approved this day of , 2009.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to form:
25
26 BY: i
Jam; . Penman
27 Cit, ; ttorney
28
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1 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN MARK F. WEINBERG AND THE
2 CITY OF SAN BERNARDINO
3
4 THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT is made and
5 entered into this 19th day of March, 2009, by and between the CITY OF SAN
6 BERNARDINO, a charter city ("City"), and MARK F. WEINBERG, an individual
7 ("Weinberg").
8 WITNESSETH
9 WHEREAS, the City has previously entered into an Employment Agreement on
10 October 6, 2008, for the services of a City Manager to serve for an interim period, while the
11 recruitment for a permanent City Manager takes place; and
12 WHEREAS, Weinberg is competent, trained, and qualified for the position of City
13 Manager; and
14 WHEREAS, Section 10 of the aforesaid Employment Agreement allows such
15 agreement to be amended by written agreement executed by the parties; and
16 WHEREAS, the parties desire to enter into this First Amendment to the Employment
17 Agreement,
18 NOW, THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
19 1. AMENDMENT TO EMPLOYMENT AGREEMENT. This First Amendment
20 to Employment Agreement amends only those terms contained herein; such terms not covered
21 by this document remain in full force and effect as set forth in said Employment Agreement of
22 October 6, 2008.
23 2. TERM. The term of this Employment Agreement is amended, and the term of
24 the Employment Agreement shall commence on October 6, 2008, and terminate on April 21,
25 2009.
26 3. COMPENSATION. Weinberg shall be paid on a per diem basis for each day on
27 the job at City Hall. Said per diem shall be based on contract salary of$25,000 per month less
28 10%.
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1 4. ENTIRE AGREEMENT. This First Amendment to Employment Agreement
2 contains all of the terms to be so amended. Any correspondence, letters, documents or
3 discussions leading up to this First Amendment to Employment Agreement which deal with
4 the terms contained herein are superseded by this First Amendment to Employment
5 Agreement.
6 5. SEVERABILITY. If any part or provision of this First Amendment to
7 Employment Agreement is in conflict or inconsistent with applicable provisions of federal,
8 state, or city statutes, or it is otherwise held to be invalid or unenforceable by any court of
9 competent jurisdiction, such part or provision shall be suspended and superseded by such
10 applicable law or regulations, and the remainder of this agreement shall not be affected
11 thereby.
12 6. AMENDMENT. This First Amendment to Employment Agreement may only
13 be amended by a written agreement executed by the parties, and may not be amended by oral
14 agreement.
15 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
16 Employment Agreement on the day and date first above shown.
17
18 ATTEST: CITY OF SAN BERNARDINO
19
20 By: By:
21 Rachel Clark, City Clerk Patrick J. Morris, Mayor
22
23
24 APPROVED AS TO FORM: MARK F. WEINBERG
25
26 By:
27 James F. Penman, City Attorney
28
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