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RESOLUTION (ID # 3838) DOC ID: 3838 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Jolena E. Grider M/CC Meeting Date: 06/01/2015
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 1 to Employment Agreement Between Allen Parker
and the City of San Bernardino. (At Meeting of May 18, 2015, Item Continued to June
1, 2015) (#3838)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None unless Parker is terminated without cause. If he is terminated without cause the
severance pay will be equal to 6 months salary which is $110,988.00.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
Resolution No. 2013-35 was adopted on February 19, 2013 approving an Employment
Agreement between Allen Parker and the City of San Bernardino.
Background:
When Allen Parker was hired as City Manager on February 19, 2013, his Employment
Agreement did not have a severance pay clause in it. This Amendment No. 1 adds a
six (6) month severance payment if Parker is terminated without cause.
City Attorney Review:
Supporting Documents:
Amendment No. 1 to Parker Employment Agreement Reso (DOCX)
Revised Agreement#3838(PDF)
Parker Employment Agreement (PDF)
Updated: 5/19/2015 by Linda Sutherland A Packet Pg. 28
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 d
3 TO EMPLOYMENT AGREEMENT BETWEEN ALLEN PARKER AND THE CITY E
OF SAN BERNARDINO.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
6 CITY OF SAN BERNARDINO AS FOLLOWS: —°Q
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7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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directed to execute on behalf of said City the Amendment No. 1 to Employment Agreement
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between Allen Parker and the City of San Bernardino, a copy of which is attached hereto
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marked Exhibit "A" and incorporated herein by reference as fully as though set forth at a
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13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the Agreement is not executed by both parties and returned to the Office of the
15 City Clerk within sixty(60) days following the effective date of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1
2 TO EMPLOYMENT AGREEMENT BETWEEN ALLEN PARKER AND THE CITY
3 OF SAN BERNARDINO. d
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Q
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5 and Common Council of the City of San Bernardino at a meeting >,
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thereof, held on the day of , 2015, by the following vote,to wit: E
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8 Council Members: AYES NAYS ABSTAIN ABSENT o
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9 MARQUEZ E
10 BARRIOS E
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VALDIVIA 00
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19 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2015.
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23 R. Carey Davis, Mayor E
City of San Bernardino
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Approved as to form: u
25 Gary D. Saenz, City Attorney
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AMENDMENT NO. I TO EMPLOYMENT AGREEMENT BETWEEN ALLEN
z PARKER AND THE CITY OF SAN BERNARDINO
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THIS AMENDMENT NO. 1 is made and entered into this 18th day of May, 2015, by 'E
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and between the CITY OF SAN BERNARDINO, a charter city("City"),and ALLEN PARKER, C
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an individual ("Parker"). _
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WITNESSETH o
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WHEREAS, Allen Parker was appointed City Manager effective February 19, 2013 w
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and has been serving in such capacity since that time, and o
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WHEREAS, there is no provision in Parker's current Employment Agreement for E
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severance pay upon termination, and
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WHEREAS,the City desires to add a severance pay provision to the Agreement, a
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NOW, THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: co
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1. This Amendment No. 1 amends only those terms contained herein; such terms
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not covered by this amendment shall remain in full force and effect as set forth in •,0
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said Employment Agreement dated February 19, 2013.
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2. Section 3 of the Employment Agreement his hereby amended to read as follows:
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"3. TERMINATION. Under the terms of this appointment, Parker serves as an "at
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19 will" employee and may be terminated at any time,with or without cause,and Parker may resign Q
at any time. In the event Parker voluntarily resigns his position of City Manager with the City or y
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the City terminates the Agreement without cause, each party shall give the other sixty (60) days
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written notice in advance of the effective date of resignation or termination, unless agreed
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otherwise. If Parker is terminated without cause, he shall be entitled to severance pay equal to
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six (6) months of his then current salary. If Parker is terminated for cause, there shall be no
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right to any severance pay. Any receipt of severance payment shall be conditioned upon Parker
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executing a separation agreement providing a release and waiver of any and all claims against the
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1 City, its officers, employees and agents arising out of Parker's employment with the City.
2 Nothing in this agreement, the San Bernardino City Charter, any statute, ordinance or rule shall
3 be construed as creating any vested right in such appointment or employment with the City. d
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4 If during the term of this agreement,Parker is terminated for cause,Parker shall have the
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5 right to a hearing before the Mayor in accordance with Section 52 of the San Bernardino City Q
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6 Charter,which authorized the Mayor to discharge the City Manager for cause,subject to the laws ;,
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8 Parker shall have no right to any severance payment, and shall only be entitled to v
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9 compensation for any accrued and unused leave or vacation per Resolution No. 2007-345 as
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10 amended or its successor, upon the occurrence of any of the following events: i) upon death of E
11 Parker; or ii) upon Parker's termination for cause. E
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12 For purposes of this section,"Cause"is defined as: i)a willful breach of this Agreement; M
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13 ii) neglect or lack of loyalty in the performance of the City Manager's duties, or iii) any acts of
14 dishonesty, fraud, misrepresentation, or other acts of moral turpitude. For purposes of this ,o
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15 section, "loyalty" is defined as the duty of the City Manager to avoid fraud,bad faith, usurpation
16 of city government opportunities, and self-dealing."
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1 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN ALLEN PARKED
2 AND THE CITY OF SAN BERNARDINO
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4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the a
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5 day and date first above shown. Q
ATTEST: CITY OF SAN BERNARDINO
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By: By: w
8 Georgeann Hanna, City Clerk R. Carey Davis, Mayor U
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11 Allen Parker E
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Approved as to Form: M
13 Gary D. Saenz, City Attorney
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I RESOLUTION NO. 20135
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING EXECUTION OF AN EMPLOYMENT
AGREEMENT BETWEEN ALLEN J. PARKER AND THE CITY OF SAN
4 BERNARDINO FOR THE POSITION OF CITY MANAGER TO COMMENCE
5 FEBRUARY 20,2013
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
g directed to execute on behalf of said City the Employment Agreement between Allen J. Parker o
10 and the City of San Bernardino, which is attached hereto, marked Exhibit "A", and w
11 incorporated herein by reference as fully as though set forth at length. v
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12 SECTION 2. The authorization to extend the above-referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty(60) days of the passage E
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i4 of this resolution.
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2013-35
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN EMPLOYMENT
2 AGREEMENT BETWEEN ALLEN J. PARKER AND THE CITY OF SAN
3 BERNARDINO FOR THE POSITION OF CITY MANAGER TO COMMENCE
FEBRUARY 20, 2013
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a �;o glyar meeting thereof,
7 held on the 19th day of February , 2013,by the following vote,to wit: a
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ x w
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JENKINS x °
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13 VALDIVIA x_ a
14 SHORETT x E
15 KELLEY 00
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20 George n Hanna, City Clerk °
21 The foregoing resolution is hereby approved this ��� day of February w
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22 2013. L
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24 Patrick J. Morris,Mayor
25 of San Bernardino Q
Approved as to form:
26 JAMES F. PENMAN
27 City Attorney
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201.3-35 .
1 EMPLOYMENT AGREEMENT
2 THIS AGREEMENT is made and entered into this 19`h day of February, 2013,by and
3 between the CITY OF SAN BERNARDINO, a charter city ("City"), and ALLEN J.
4 PARKER, an individual ("Parker").
5 WHEREAS, the City has a need for the services of a City Manager;
6 WHEREAS, Parker is competent, trained, and qualified for the position of City E
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7 Manager; and a
8 WHEREAS, the parties desire to enter into this Agreement to outline the terms and
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9 conditions of employment, and the duties and responsibilities of the parties. o
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10 NOW THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: w
11 1. APPOINTMENT. Parker is hereby appointed, and does hereby accept such 0
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12 appointment, to the office of City Manager of the City of San Bernardino effective February
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13 20, 2013. c
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14 2. TERM. The term of this Agreement shall commence February 20, 2013 and Q
15 shall continue until terminated in accordance with the provisions of this Agreement. M
16 3. TERMINATION. Under the terms of this appointment, Parker serves as an "at-
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17 will' employee and may be terminated at any time, with or without cause pursuant to the E
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18 provisions of the San Bernardino City Charter and this Agreement. Nothing in this Q
19 Agreement, the San Bernardino City Charter, any statute, ordinance, or rule shall be construed
20 as creating any vested right in such appointment or in employment with the City. 2
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21 a. The City may terminate this Agreement without cause, or Parker may w
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22 voluntary resign his position, by providing the other party written notice of termination or M
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23 resignation at least sixty (60) days prior to the effective date of such termination or
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24 resignation, unless the parties mutually agree to waive or alter the time required for such s
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26 b. If during the term of this Agreement, Parker is terminated for cause,
27 Parker shall have the right to a hearing before the Mayor in accordance with Section 52 of the
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2013-35
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1 San Bernardino City Charter, which authorizes the Mayor to discharge the City Manager for
2 cause, subject to the laws of the State of California.
3 C. Parker shall have no right to any severance payment, and shall only be
4 entitled to compensation for any accrued and unused leave or vacation per Resolution No.
5 2007-345 as amended or its successor, upon the occurrence of any of the following events: (i)
6 upon written notice of termination or resignation as provided above in section{3)(a}; (ii) upon E
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7 the death of Parker; or(iii) upon Parker's termination for cause. a
8 d. For purposes of this section, "cause" is defined as: (i) a willful breach
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9 of this Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager's o
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0 duties, or (iii) any acts of dishonesty, fraud, misrepresentation, or other acts of moral w
turpitude. For purposes of this section, "loyalty" is defined as the duty of the City Manager to
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12 avoid fraud,bad faith, usurpation of city government opportunities, and self-dealing.
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13 4. SALARY. Parker shall be compensated at an annual salary set at Range 4740,
14 Step 5, equal to Two Hundred and Twenty-One Thousand, Nine-Hundred, and Seventy-Six q
15 Dollars ($221,976). This annual salary shall be payable bi-monthly at the same time as other
16 city employees. The Mayor and Common Council shall conduct a facilitated performance
17 evaluation of Parker after six (6) months from the commencement date of this Agreement, and E
18 annually thereafter, and may award Parker a merit increase of up to five percent (5%) Q
19 annually. In accordance with applicable City policies and procedures, Parker shall be E
20 reimbursed for reasonable expenses incurred on behalf of the City in the performance of his 0
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21 duties and responsibilities as City Manager. w
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22 5. FRINGE BENEFITS. Parker shall be entitled to the benefit package established
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23 for the .Management/Confidential Group, including but not limited to, health, dental, vision,
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24 leave, retirement, long-term disability coverage, life insurance, and other benefits as provided
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25 in Resolution No. 2007-345 as amended or its successor. For purposes of"vacation leave" .2 2
26 and "administrative leave," Parker shall be provided an annual bank of one hundred sixty
27 (160) hours of combined vacation and administrative leave (four weeks). On or before
28 September I" of each year, Parker shall notify the Finance Director of the number of hours
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2013-35
1 from this leave bank(not to exceed 100 hours in a calendar year) that he wishes to sell back to
2 City and receive payment for such in the month of October.
3 6. RELOCATION ASSISTANCE. In consideration of the cost and expense
4 Parker will incur to relocate from his existing residence to the City of San Bernardino, the
5 City shall provide Parker a one-time stipend of Five Thousand Five Hundred Dollars ($5,500)
6 for relocation assistance. Payment of the relocation assistance stipend is contingent upon v
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7 Parker establishing his residence within the boundaries of the City of San Bernardino within
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8 six (6) months of the commencement of this Agreement. If for any reason this Agreement is
9 ended prior to February 19, 2014, then Parker shall repay City one-twelfth of the relocation 0
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10 assistance stipend for every month or portion thereof remaining until February 19, 2014, or if w
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11 for any reason during the term of this Agreement Parker establishes his residence outside the v
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12 boundaries of the City of San Bernardino, then Parker shall repay City the entire relocation
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13 assistance stipend. c
14 7, MOONLIGHTING. Parker will focus his professional time, ability, and a
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15 attention on City business during the term of this Agreement. To the extent consistent with 00
16 applicable law,Parker shall not engage in any other business duties or pursuits whatsoever or,
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17 directly or indirectly, render any services of a business, commercial, or professional nature to
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18 any other person or organization, whether for compensation or otherwise, without prior a
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19 consent of the Mayor; except that the expenditure of reasonable amounts of time not in
20 conflict with the City's needs and interests, for educational, charitable, community, and 2
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21 professional activities shall not be deemed a breach of this Agreement and shall not require 'L'
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22 prior consent. This Agreement shall not be interpreted to prohibit Parker from making
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23 passive personal investments, occasional teaching at a local institution of higher education, or
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24 conducting private business affairs if those activities do not materially interfere with the
25 duties of the City Manager or create conflicts of interest. a
26 S. ANNUAL WORKSHOP WITH MAYOR AND COMMON COUNCIL.
27 Parker hereby requests, and the Mayor and Common Council hereby agree, that within three
28 (3) months after commencement of this Agreement, and annually thereafter, the Mayor and
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2013-35 5 D c
1 Common Council shall schedule and conduct with the City Manager an annual workshop,
2 within the corporate boundaries of the City of San Bernardino, to discuss, review and
3 establish goals and priorities for the City of San Bernardino.
4 9. BONDING. If applicable, the City shall bear the full cost of any fidelity or
5 other bonds required of Parker in the performance of his duties as City Manager.
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6 10, ENTIRE AGREEMENT. This Agreement contains the entire agreement E
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7 between the parties. Any correspondence, letters, documents, or discussions leading up to this
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8 Agreement which deal with the terms contained herein are superseded by this Agreement.
9 11. SEVERABILITY. If any part of this Agreement is in conflict or inconsistent o
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10 with the applicable provisions of federal, state, or city statutes, or it is otherwise held to be W
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11 invalid or unenforceable by any court of competent jurisdiction, such part or provision shall c
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12 be suspended and superseded by such applicable law or regulations, and the remainder of this
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13 Agreement shall not be affected thereby.
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14 12. AMENDMENT. This Agreement may only be amended by a written agreement a
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15 executed by the parties, and may not be amended by oral agreement. M
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17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 0
18 day and date first shown. a
19 ATTEST: CITY OF SAN BERNARDINO E
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21 By: L
Georgeann anna, City Clerk Pat i ck J. Mo 's, ayor
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APPROVED AS TO FORM: ALLEN J. PARKER
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27 s F. Penman, City Attorney
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