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HomeMy WebLinkAbout2017-029 1 RESOLUTION NO. 2017-29 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT 3 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO 4 COMMENCE ON MARCH 8, 2017. 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor is hereby authorized to execute on behalf of the City the 8 9 Employment Agreement for City Manager between the City of San Bernardino and Mark Scott, 1 o attached hereto as Exhibit "A" and incorporated herein. 11 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT 2 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO 3 COMMENCE ON MARCH 8, 2017. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the 5 City of San Bernardino at a joint regular meeting thereof, held on the 6th day of March,2017, by the following 6 vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ —x- 9 9 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X(M) 13 NICKEL X 14 15 RICHARD x- 16 MULVIHILL X (S) 17 DAVIS X 18 L 19 Georgea anna, CMC _ 20 City Clerk The foregoing Resolution is hereby approved this day y of ff1f1C1"1 2017. 21 ax4� 22 23 R. Carey Davis, ayor City of San Bernardino 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 By: 27 28 2 b. Scott shall have no right to any severance payment, and shall only be entitled 2 to compensation for any accrued and unused leave or vacation per Resolution 2007-345 as 3 amended, or its successor, upon the occurrence of any of the following events: (i) upon written 4 notice of termination or resignation as provided above in section (3)(a); (ii) upon the death of Scott; or (ifi) upon Scott's termination for cause,, 16 responsibilities as City Manager. 17 5. FRINGE BENEFITS. Scott shall be entitled to the benefit package 18 established for the Management/Confidential Group, including but not limited to, health, dental, 19 vision, leave, retirement, long-term disability coverage, life insurance, and other benefits as M W N 1 to $1500.00 per month for a rental in the City limits. Any taxes, security deposits or utilities not 2 included in the rent shall be the sole responsibility of Scott. 3 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement 4 between the parties. Any correspondence, letters, documents or discussions leading up to this 5 Agreement or in any other way made between the parties or their agents are replaced and 6 superseded by this Agreement. 7 9. NONSEVERABILITY. The provisions of this Agreement are not severable 8 one from the other. Should any of the provisions of this Agreement be determined invalid or 9 unenforceable for any reason by the final judgment of a court of competent jurisdiction, then this 10 Agreement in its entirety shall thereupon become null and void. 11 11. AMENDMENT. This Agreement may only be amended by a written 12 agreement executed by the parties, and may not be amended by oral agreement. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28