Loading...
HomeMy WebLinkAbout37-Mayor's Office ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Date: MAYOR MORRIS OFFICE OF THE MAYOR Subject: Resolution of the City of San Bernardino authorizing the execution of an Agreement to Employ Emil Marzullo For a Two-Year Period as Economic and Community Development Advisor. MlCC Meeting Date: May 1, 2006 From: April 26, 2006 Synopsis of Previous Council Action: None Recommended Motion: That said Resolution be adopted. ~fM&d Contact person: Jim Morris Phone: 384-5133 Supporting data attached: Staff ReDort Ward: FUNDING REQUIREMENTS: Amount: $90,000 Source: (Acct. No.) 001-011-5502 (Acct. Description) Finance: Council Notes: ~ d-OO(P -I ~ . Agenda Item No. Yl 5/IJD~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Adopt Resolution to enter into a Professional Services Agreement with Emil Marzullo to provide consulting services to the Office of the Mayor. Back2round: Emil Marzullo possesses the professional skills and abilities to provide consulting services in the form of Economic and Community Development Advisor for the Office of the Mayor. Mr. Marzullo will be advising the Mayor on: (i) strategic plans and initiatives for economic growth; (ii) business recruitment and retention; (iii) jobs and workforce development; (iv) housing and home ownership opportunities; and (v) such other matters as touched upon or are related upon or are related to economic and community development as assigned by the Mayor. Financial ImDact: $90,OOO/annual Recommendation: That said Resolution be adopted. tO~lf RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EWM PARTNERS TO PROVIDE EMIL 3 MARZULLO'S SERVICES FOR A TWO-YEAR PERIOD AS ECONOMIC AND COMMUNITY DEVELOPMENT ADVISOR. 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTiON I. The Mayor is hereby authorized to execute on behalf of said City an Agreement with EWM Partners, a General Partnership, to provide the services of Emil Marzullo as 8 9 10 the Mayor's Office's Economic and Community Development Advisor for a period of two years. Said Agreement is attached hereto, marked Exhibit'" A", and incorporated herein by reference as though 11 set forth at length. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 12 13 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 1/1 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II 1 ~ -Jo 3 '7 .<;/,/d RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH EWM PARTNERS TO PROVIDE EMIL 2 MARZULLO'S SERVICES FOR A TWO-YEAR PERIOD AS ECONOMIC AND COMMUNITY DEVELOPMENT ADVISOR. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held 5 on the _ day of 6 COUNCIL MEMBERS: 7 ESTRADA 8 BAXTER 9 McGINNIS 10 DERRY 11 KELLEY 12 JOHNSON 13 McCAMMACK 14 15 16 17 , 2006, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk 18 19 The foregoing Resolution is hereby approved this _ day of ,2006. 20 21 22 PATRICK J. MORRIS, Mayor City of San Bernardino 23 Approved as to Form: 24 25 JAMES F. PENMAN, City Attorney 26 27 28 By: iJ~J!~ 2 1 PROFESSIONAL SERVICES AGREEMENT 2 THIS AGREEMENT is entered into this day of May, 2006, by and between 3 EWM Partners, a General Partnership ("EWM") and the CITY OF SAN BERNARDINO, a charter 4 city ("CITY. ") 5 WHEREAS, the Mayor and Common Council have determined that it is advantageous 6 and in the best interest of the CITY to engage a professional economic and community 7 development advisor in the Mayor's Office; 8 WHEREAS, EWM is a California general partnership composed of EmilMarzullo and 9 Wendy Marzullo and of which Emil Marzullo is the sole active employee and representative. Emil 10 Marzullo ("MARZULLO") has extensive experience in economic and community development 11 matters. 12 WHEREAS, the City desires to retain EWM Partners to provide MARZULLO's services 13 as the Economic and Community Development Advisor to the Mayor; 14 WHEREAS, MARZULLO possesses the professional skills and abilities to provide those 15 services for the Mayor and the City. 16 WHEREAS, MARZULLO is a General Partner ofEWM; 17 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the 18 parties hereto agree as follows: 19 1. SCOPE OF SERVICES. City hereby retains EWM to provide the following 20 consulting services: 21 a. Acting as the Economic and Community Development Advisor for the 22 Mayor's Office, MARZULLO shall advise the Mayor, and carry out and supervise such programs, 23 policies, tasks and assignments given to him by or on behalf of the Mayor regarding: (i) strategic 24 plans and initiatives for economic growth; (ii) business recruitment and retention; (iii) jobs and 25 workforce development; (iv) housing and home ownership opportunities; and (v) such other matters 26 as touched upon or are related to economic and community development and are assigned to 27 MARZULLO. 28 1/1 SDEfed/ Agreements[Marzullo.ProfSvcAg} EXHIBIT "A" 1 1 2. COMPENSATION AND EXPENSES. 2 a. CITY shall compensate EWM for services provided pursuant to this 3 Agreement at the rate of $7,500.00 per month over the total term of this Agreement. 4 b. During the term of this Agreement, EWM shall bill and the CITY shall 5 reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in 6 connection with the aforesaid duties. 7 c. EWM shall submit monthly invoices to the Mayor or his designee for 8 consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject 9 such invoices and shall forward to the CITY's Finance Department for payment those invoices 10 accepted for payment. 11 3. TERM. The term of this Agreement shall be for two (2) years, beginning on 12 May 1,2006, and terminating on April 30, 2008, unless previously modified or amended by the 13 written mutual consent of the parties, or terminated in accordance with Section 11 herein. 14 4. RI GHT TO AUDIT. The CITY or any ofits duly authorized representatives shall 15 have access to the books and financial records ofE WM which are pertinent to the services rendered 16 herein for purposes of performing and audit. The books and financial records generated by EWM 17 pertaining to the professional consulting services rendered herein shall be retained by EWM for 18 three (3) years following expiration of this Agreement or for a longer period as required by law. 19 EWM shall maintain logs during the term of this Agreement documenting the time expended by 20 EWM to perform the services required hereunder, which shall be available for inspection upon 21 request of the CITY. 22 S. INDEPENDENT CONTRACTOR. EWM, at all times while performing under 23 this Agreement, is an independent contractor and neither EWM nor MARZULLO shall be an agent 24 or employee of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or 25 taxes of any kind from any payments which are owed to either to EWM or MARZULLO. Neither 26 EWM nor MARZULLO shall be entitled to receive any benefits which employees of CITY are 27 entitled to receive and shall not be entitled to workers' compensation insurance, unemployment 28 compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit SDE/edl Agreements[Marzullo.ProfSvcAg] EXHIBIT "A" 2 1 sharing, or Social Security on account of his work for CITY. This Agreement does not create the 2 relationship of agent, servant, employee, partnership, or joint venture between the parties. 3 6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood 4 that the experience, knowledge, capability, and reputation of MARZULLO was a substantial 5 inducement to enter into this Agreement. Therefore, EWM shall not contract with any other 6 individual or entity to perform, in whole or in part, the services required hereunder without the prior 7 written approval of CITY. 8 7. POLITICAL REFORM ACT. In performing the services set forth in Section 9 1 of this Agreement in the capacity ofa consultant, EWM and MARZULLO are acting as a public 10 officials as defined by the Political Reform Act of 1974, Government Code Section 87100 et seq. 11 ("Act") and both EWM and MARZULLO shall be subject to, and agree to abide by, the Act's 12 requirements, including, but not limited to, those: (i) banning certain gift and honoraria; (ii) 13 prohibiting participation in certain political activities and decisions; and (iii) requiring public 14 disclosure of personal economic interests through the filing of Fair Political Practice Commission 15 Form 700. EWM and MARZULLO specifically covenant to abide by all provisions of the Act 16 applicable to each of them and all similar or related provision ofthe CITY's Charter and Municipal 17 Code. 18 8. INDEMNIFICATION. EWM agrees and promises to indemnifY, defend, and 19 hold harmless CITY, its elected and appointed boards, commissions, officers, attorneys, agents, and 20 employees from and against any claims, losses, demands, suits, administrative actions, penalties 21 and expenses incurred by CITY with respect to (i) any benefits which employees of CITY are 22 entitled to receive, including, but not limited to, workers' compensation insurance, unemployment 23 compensation, medical insurance, life insurance, pension, profit sharing, or Social Security which 24 were not supplied to EWM or MARZULLO in the performance of this Agreement, (ii) the failure 25 of CITY to withhold the cost of such benefits or for taxes, or (iii) any assertion that by reason 26 hereof or the services to be performed pursuant to this Agreement, EWM or MARZULLO is an 27 employee of the CITY. EWM and MARZULLO specifically waive any claim of rights or benefits, 28 whether present or future, under the CITY's pension plans, fringe benefit plans afforded employees SDE/edl Agreements[Marzullo. ProfSvcAg] EXHIBIT "A" 3 1 of the CITY, workers' compensation or unemployment insurance or other benefits normally 2 afforded employees ofthe CITY. 3 9. NONDISCRIMINATION. In the performance of this Agreement and in the 4 hiring and recruitment of employees, EWM shall not discriminate on the basis of race, creed, color, 5 religion, sex, sexual orientation, physical or mental disability, medical condition, pregnancy, child 6 birth or related medical conditions of any female employee, marital status, age, ethnic background, 7 ancestry, or national origin. 8 10. NOTICE. Any notice to be given pursuant to this Agreement shall be deposited 9 with the United States Postal Service, postage prepaid and addressed as follows: 10 TO CITY: Office of the Mayor 300 North "D" Street San Bernardino, CA 92418 Fax: (909) 384-5067 11 12 13 TO MARZULLO: EWM 28446 Carriage Drive Highland, CA 92346 14 15 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 16 service or telephonically verified fax transmission which shall be deemed effective upon actual 17 receipt thereof. Either party may change their address for receipt of written notice by so notifying 18 the other party in writing. 19 11. TERMINATION. 20 a. CITY or EWM may terminate the services provided under Sectionlofthis 21 Agreement upon sixty (60) days written notice to the other party. 22 b. Notwithstanding Section 11 (a) above, this Agreement shall automatically 23 terminate upon notice given by the aggrieved party on or after the occurrence of any of the 24 following events: 25 (a) (b) The death of MARZULLO; The disability of MARZULLO which, for purposes hereof, shall 26 27 mean the inability of MARZULLO, because of injury or illness, to perform services hereunder for 28 a period of sixty (60) days or longer; SDE/edl Agreements{Marzullo.ProfSvcAg] EXHIBIT "A" 4 1 2 3 4 (c) (d) (e) (1) The end of the term of the Mayor, whatever the reason; The material breach, by EWM, of this Agreement; The material breach, by CITY, of this Agreement; The conviction of MARZULLO of any felony or any cnme 5 involving moral turpitude; 6 (g) The material violation, by MARZULLO, of the Act or any law, 7 regulation or policy designed to assure ethics in government or public access to information 8 concerning government; or 9 (h) The mutual agreement of CITY and EWM. 10 c. Upon termination ofthis Agreement, EWM shall be entitled to receive only 11 compensation accrued pursuant to Section 2 above for services actually rendered but unpaid as of 12 the date of termination and shall not be entitled to additional compensation. 13 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement 14 between the parties. Any correspondence, letters, documents, or discussions leading up to this 15 Agreement or in any other way made between the parties or their agents are replaced and 16 superseded by this Agreement. 17 13. GOVERNING LAW. This Agreement shall be interpreted and enforced under 18 the laws of the State of California. 19 14. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing 20 party shall be entitled to reasonable attorney's fees. The cost, salary, and expenses of the City 21 Attorney and members of his/her office in enforcing this contract on behalf of the CITY shall be 22 considered "attorneys fees" for the purposes of this paragraph. 23 15. SEVERABILITY. If any part or provision of this Agreement is in conflict or 24 inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held to 25 be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be 26 suspended and superseded by such applicable law or regulation, and the remainder of this 27 Agreement shall not be affected thereby. 28 I I I SDE/ed/ Agreements[Marzullo. ProfSvcAg] EXHIBIT "A" 5 1 WAIVER. Failure of either party to enforce any provision of this Agreement shall 16. 2 not constitute a waiver of the right to compel enforcement of the remaining provisions of this 3 Agreement. 4 AMENDMENT. This Agreement may only be amended by a written agreement 17. 5 executed by the parties, and may not be amended by oral agreement. 6 ASSIGNMENT. This Agreement shall not be assigned by EWM without the prior 18. 7 written consent of the CITY. 8 AUTHORITY. The person(s) executing this Agreement on behalf of the parties 19. 9 hereto warrant(s) that they are duly authorized to execute this Agreement on behalf of said parties. lOIN WITNESS WHEREO F, the parties hereto have caused this Agreement to be executed 11 as of the date first written above. 12 DATE: CITY OF SAN BERNARDINO 13 14 By: PATRICK J. MORRIS, Mayor 15 16 "EWM" 17 DATE: EWM Partners, a California general Partnership 18 19 20 DATE: By: EMIL MARZULLO General Partner 21 22 23 24 Approved as to Form: 25 JAMES F. PENMAN City Attorney By: 26 27 28 SDE/edl Agreements[Marzullo.ProfSvcAg] EXHIBIT "A" 6 1 PROFESSIONAL SERVICES AGREEMENT 2 THIS AGREEMENT is entered into this day of May, 2006, by and between 3 EWM Partners, a General Partnership ("EWM") and the CITY OF SAN BERNARDINO, a charter 4 city ("CITY.") 5 WHEREAS, the Mayor and Common Council have determined that it is advantageous 6 and in the best interest of the CITY to engage a professional economic and community 7 development advisor in the Mayor's Office; 8 WHEREAS, EWM is a California general partnership composed of Marzullo and Wendy 9 Marzullo and of which Marzullo is the sole active employee and representative. Marzullo has 10 extensive experience in economic and community development matters. 11 WHEREAS, the City desires to retain EWM Partners to provide Emil Marzullo's 12 ("MARZULLO") services as the Economic and Community Development Advisor to the Mayor; 13 WHEREAS, MARZULLO possesses the professional skills and abilities to provide those 14 services for the Mayor and the City. 15 WHEREAS, MARZULLO is a General Partner ofEWM; 16 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the 17 parties hereto agree as follows: 18 1. SCOPE OF SERVICES. City hereby retains EWM to provide the following 19 consulting services: 20 a. Acting as the Economic and Community Development Advisor for the 21 Mayor's Office, EWM shall advise the Mayor, and carry out and supervise such programs, policies, 22 tasks and assignments given to him by or on behalf of the Mayor regarding: (i) strategic plans and 23 initiatives for economic growth; (ii) business recruitment and retention; (iii) jobs and workforce 24 development; (iv) housing and home ownership opportunities; and (v) such other matters as 25 touched upon or are related to economic and community development and are assigned to 26 27 28 MARZULLO. 2. COMPENSATION AND EXPENSES. a. CITY shall compensate EWM for services provided pursuant to this SDE/edl Agreements[Marzullo.ProfSvcAg] 1 1 Agreement at the rate of $7,500.00 per month over the total term of this Agreement. 2 b. During the term of this Agreement, EWM shall bill and the CITY shall 3 reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in 4 connection with the aforesaid duties. 5 c. EWM shall submit monthly invoices to the Mayor or his designee for 6 consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject 7 such invoices and shall forward to the CITY's Finance Department for payment those invoices 8 accepted for payment. 9 3. TERM. The term of this Agreement shall be for two (2) years, beginning on 10 May I, 2006, and terminating on April 30, 2008, unless previously modified or amended by the 11 written mutual consent of the parties, or terminated in accordance with Section 11 herein. 12 4. RIGHT TO AUDIT. The CITY or any of its duly authorized representatives shall 13 have access to the books and financial records ofEWM which are pertinent to the services rendered 14 herein for purposes of performing and audit. The books and financial records generated by EWM 15 pertaining to the professional consulting services rendered herein shall be retained by EWM for 16 three (3) years following expiration of this Agreement or for a longer period as required by law. 17 EWM shall maintain logs during the term of this Agreement documenting the time expended by 18 EWM to perform the services required hereunder, which shall be available for inspection upon 19 request of the CITY. 20 S. INDEPENDENT CONTRACTOR. EWM, at all times while performing under 21 this Agreement, is an independent contractor and neither EWM nor Marzullo shall be an agent or 22 employee of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or taxes 23 of any kind from any payments which are owed to either to EWM or Marzullo. Neither EWM nor 24 Marzullo shall not be entitled to receive any benefits which employees of CITY are entitled to 25 receive and shall not be entitled to workers' compensation insurance, unemployment compensation, 26 medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social 27 Security on account of his work for CITY. This Agreement does not create the relationship of 28 agent, servant, employee, partnership, or joint venture between the parties. SDE/edJ Agreementsl Marzullo.ProfSvcAg] 2 1 6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood 2 that the experience, knowledge, capability, and reputation of MARZULLO was a substantial 3 inducement to enter into this Agreement. Therefore, EWM shall not contract with any other 4 individual or entity to perform, in whole or in part, the services required hereunder without the prior 5 written approval of CITY. 6 7. POLITICAL REFORM ACT. In performing the services set forth in Section 7 I of this Agreement in the capacity ofa consultant, EWM and MARZULLO are acting as a public 8 officials as defined by the Political Reform Act of 1974, Government Code Section 87100 et seq. 9 ("Act") and both EWM and MARZULLO shall be subject to, and agree to abide by, the Act's 10 requirements, including, but not limited to, those: (i) banning certain gift and honoraria; (ii) 11 prohibiting participation in certain political activities and decisions; and (iii) requiring public 12 disclosure of personal economic interests through the filing of Fair Political Practice Commission 13 Form 700. EWM and MARZULLO specifically covenant to abide by all provisions of the Act 14 applicable to each of them and all similar or related provision of the CITY's Charter and Municipal 15 Code. 16 8. INDEMNIFICATION. EWM agrees and promises to indemnify, defend, and 17 hold harmless CITY, its elected and appointed boards, commissions, officers, attorneys, agents, and 18 employees from and against any claims, losses, demands, suits, administrative actions, penalties 19 and expenses incurred by CITY with respect to (i) any benefits which employees of CITY are 20 entitled to receive, including, but not limited to, workers' compensation insurance, unemployment 21 compensation, medical insurance, life insurance, pension, profit sharing, or Social Security which 22 were not supplied to EWM or MARZULLO in the performance of this Agreement, (ii) the failure 23 of CITY to withhold the cost of such benefits or for taxes, or (iii) any assertion that by reason 24 hereof or the services to be performed pursuant to this Agreement, EWM or MARZULLO is an 25 employee ofthe CITY. EWM and MARZULLO specifically waive any claim of rights or benefits, 26 whether present or future, under the CITY's pension plans, fringe benefit plans afforded employees 27 of the CITY, workers' compensation or unemployment insurance or other benefits normally 28 afforded employees of the CITY. SDE/edl Agreements[Marzullo.ProfSvcAg] 3 1 9. NONDISCRIMINATION. In the performance of this Agreement and in the 2 hiring and recruitment of employees, EWM shall not discriminate on the basis of race, creed, color, 3 religion, sex, sexual orientation, physical or mental disability, medical condition, pregnancy, child 4 birth or related medical conditions of any female employee, marital status, age, ethnic background, 5 ancestry, or national origin. 6 10. NOTICE. Any notice to be given pursuant to this Agreement shall be deposited 7 with the United States Postal Service, postage prepaid and addressed as follows: 8 TO CITY: Office of the Mayor 300 North "D" Street San Bernardino, CA 92418 Fax: (909) 384-5067 9 10 11 TO MARZULLO: EWM 28446 Carriage Drive Highland, CA 92346 12 13 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 14 service or telephonically verified fax transmission which shall be deemed effective upon actual 15 receipt thereof. Either party may change their address for receipt of written notice by so notifying 16 the other party in writing. 17 11. TERMINATION. 18 a. CITY or EWM may terminate the services provided under Section 1 ofthis 19 Agreement upon sixty (60) days written notice to the other party. 20 b. Notwithstanding Section II(a) above, this Agreement shall automatically 21 terminate upon notice given by the aggrieved party on or after the occurrence of any of the 22 following events: 23 (a) (b) The death of MARZULLO; The disability of MARZULLO which, for purposes hereof, shall 24 25 mean the inability of MARZULLO, because of injury or illness, to perform services hereunder for 26 a period of sixty (60) days or longer; 27 28 (c) (d) The end of the term of the Mayor, whatever the reason; The material breach, by EWM, of this Agreement; SDE/ed/ Agreements[Marzullo.ProfSvcAg) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The material breach, by CITY, of this Agreement; The conviction of MARZULLO of any felony or any cnme (e) (t) involving moral turpitude; (g) The material violation, by MARZULLO, of the Act or any law, regulation or policy designed to assure ethics in government or public access to information concerning government; or (h) The mutual agreement of CITY and EWM. c. Upon termination of this Agreement, EWM shall be entitled to receive only compensation accrued pursuant to Section 2 above for services actually rendered but unpaid as of the date of termination and shall not be entitled to additional compensation. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or in any other way made between the parties or their agents are replaced and superseded by this Agreement. 13. GOVERNING LAW. This Agreement shall be interpreted and enforced under the laws of the State of California. 14. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. The cost, salary, and expenses of the City Attorney and members of his /her office in enforcing this contract on behalf of the CITY shall be considered "attorneys fees" for the purposes of this paragraph. IS. SEVERABILITY. If any part or provision of this Agreement is in conflict or inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation, and the remainder of this Agreement shall not be affected thereby. 16. WAIVER. Failure of either party to enforce any provision ofthis Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 17. AMENDMENT. This Agreement may only be amended by a written agreement SDE/ed/ Agreements[Marzullo.ProfSvcAg] 5 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 executed by the parties, and may not be amended by oral agreement. 18. ASSI GNMENT. This Agreement shall not be assigned by EWM without the prior written consent of the CITY. 19. AUTHORITY. The person(s) executing this Agreement on behalf ofthe parties hereto warrant(s) that they are duly authorized to execute this Agreement on behalf of said parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. DATE: CITY OF SAN BERNARDINO By: PATRICK J. MORRIS, Mayor "EWM" DATE: EWM Partners, a California general Partnership DATE: By: EMIL MARZULLO General Partner "MARZULLO" Approved as to Form: By: EMIL MARZULLO JAMES F. PENMAN ~;"~)/iMbJJ SDE/edl Agreements[Marzullo.ProfSvcAg] 6 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 4, 2006 TO: Emil Marzullo, Economic and Community Development Advisor Mayor's Office I. k~ Rachel G. CIM"~ Transmitting Documents - Resolution No. 2006-125 FROM: RE: At the Mayor and Common Council meeting of May 1, 2006, the City of San Bernardino adopted Resolution No. 2006-125 - Resolution authorizing the execution of an agreement with EWM Partners to provide Emil Marzullo's services for a two-year period as Economic and Community Development Advisor. Attached is a fully executed duplicate original agreement for your records. If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215. Rachel G. Clark City Clerk CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 4, 2006 TO: James P. Morris, Mayor's Chief of Staff Mayor's Office RaCheIG.Cl~~ Transmitting Documents - Resolution No. 2006-125 FROM: RE: At the Mayor and Common Council meeting of May 1, 2006, the City of San Bernardino adopted Resolution No. 2006-125 - Resolution authorizing the execution of an agreement with EWM Partners to provide Emil Marzullo's services for a two-year period as Economic and Community Development Advisor. Attached is a fully executed duplicate original agreement for your records. If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215. Rachel G. Clark City Clerk ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): sf J I nCc., I Vote: Ayes 1- (p Nays Item # 37 J.OOIt,- /~ ~ Resolution # Abstain i) Companion Resolutions Absent 7 Change to motion to amend original documents D NulIIVoid After: UJ D days I Resolution # On Attachments: D PUBLISH D POST D G {3d I () lo I I Note on Resolution of attachment stored separately: D RECORDW/COUNTY D By: Date Sent to Mayor: 5) J- J 0(0 . I Date of Mayor's Signature: 5 Jt7 /~ Date of ClerklCDC Signature: 5-/ G, , j, . d v>./~ SO N/A ~e . 7' Date Returned: Date MemolLetter Sent for Signature: 1;t Reminder Letter Sent: 2'" Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: Animal Control D D g/ D Development Services D "'" ill Others: ~ \ rn OT (T S City Administrator City Attorney Code Compliance Notes: EDA D Facilities D Finance [W' Fire Department D Human Resources D .v flY1; I mar~/.djD \oJ ~ Reso. Log Updated: Seal Impressed: Reso. # on Staff Report D S/.;J./ov, Not Returned: D , Yes V No By~ Yes No v' By~ Yes No L By~ Yes No i/ By~ Yes N07 By~ Information Services Parks & Recreation D D D D D Police Department Public Services Water Department Ready to File: _ Revised 12118/03 Date: