HomeMy WebLinkAboutCC AG PKT 2011-06-27 #G AGENDA STAFF REPORT
DATE: June 27, 2011
TO: Honorable Mayor and City Council
FROM: Jill R. Ingram, City Manager
SUBJECT: AGREEMENT FOR INTERIM CHIEF OF POLICE
SUMMARY OF REQUEST:
It is requested that the City Council adopt Resolution No. 6150 approving an
agreement with Robert M. Luman to perform the services of Interim Chief of
Police.
BACKGROUND AND ANALYSIS:
After six years with the Seal Beach Police Department, the former Chief of Police
retired effective June 11, 2011. The City will be opening a recruitment to fill the
vacancy. In the interim, the City Manager desires to retain the services of Robert
M. Luman. Mr. Luman recently served as the Interim Chief of Police for the City
of Newport Beach. Mr. Luman retired from the City of Redondo Beach in April
2006. He previously served as the Interim Chief of Police in the City of Riverside
and was the former Chief of Police for the City of Long Beach. With his
distinguished professional career that spans four decades and his many years of
experience in a leadership role, Mr. Luman is very well qualified to serve as the
City's Interim Chief of Police.
Mr. Luman will perform the functions and duties of the Chief of Police that include
planning, directing, managing and overseeing the activities and operations of the
Police Department, as well as providing highly responsible and complex
administrative support to the City Manager. Per the attached Agreement, the
City will pay Mr. Luman a maximum of $4,000 for each week worked. He will not
receive overtime compensation. He may, with City Manager prior approval, take
leave without pay for days that he is not available to perform his services. The
City will reimburse him for actual and necessary expenses incurred in the
performance of his services. The Agreement will expire on the earliest of the
following dates: December 31, 2011 or the date upon which he has worked 960
hours (due to PERS rules).
Agenda Item G
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FINANCIAL IMPACT:
Based on the terms of the Agreement, the maximum amount the City will pay Mr.
Luman is $96,000 ($8,000 x 12 pay periods) plus a cell phone allowance of
$75.00 per month for City business and actual and necessary expense
reimbursements. The former Chief's total compensation for this six -month period
would have been approximately $137,000 including employee benefits
(approximately 31% of his base salary), representing an estimated savings to the
City of approximately $40,000 during the term of this Agreement.
The source of all payments to Mr. Luman: Police Department Full -Time Salaries
Account 001 - 022 - 40001.
RECOMMENDATION:
It is recommended the City Council adopt Resolution No. 6150 authorizing and
directing the City Manager to execute an agreement with Robert M. Luman.
SUBMITTED BY: NOTED AND APPROVED:
ga-6,--- BIZ
Nancy Ralste I R. Ingram, Ci anager
Management Analyst
Attachments:
A. Resolution No. 6150
B. Agreement
RESOLUTION NUMBER 6150
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH ROBERT M. LUMAN FOR
INTERIM CHIEF OF POLICE SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
WHEREAS, it is the desire of the City to hire an individual to serve on an interim
basis to perform the duties of Interim Chief of Police; and
WHEREAS, Robert M. Luman represents that he is qualified to perform the
duties of Interim Chief of Police, effective July 1, 2011.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves the agreement ( "Agreement ")
between the City and Robert M. Luman, dated June 27, 2011, for interim chief of
police services.
Section 2. The Council hereby directs the City Manager to execute the
Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of June , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6150 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 27th day of June , 2011.
City Clerk
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AGREEMENT
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Between
ir li tow„ V
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ONTY_
City of Seal Beach
211 - 8th Street '
Seal Beach, CA 90740
and
Robert M. Luman
• 4219 Linden Avenue
Long Beach, CA 90807
This agreement ( "Agreement ") is made and entered into on July 1, 2011, by and
between the City of Seal Beach, a charter city and municipal corporation ( "City "), and
Robert M. Luman, an individual.
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RECITALS
WHEREAS, it is the desire of the City to hire an individual to serve on an interim
basis to perform the duties of Interim Chief of Police; and
WHEREAS, Robert M. Luman represents that he is qualified to perform the duties
of Interim Chief of Police.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
City and Robert M. Luman hereby agree as follows:
AGREEMENT
1.0 Duties
1.1 The City hereby engages the services of Robert M. Luman (hereinafter
"ICP ") to perform the functions and duties of Interim Chief of Police
( "Services "). ICP is "at -will" and serves at the pleasure of the City's City
Manager.
1.2 ICP shall devote his reasonable energies, interests, abilities and
productive time to the performance of the Services.
1.3 ICP shall not engage in any activity, consulting service or enterprise, for
compensation or otherwise, which is actually or potentially in conflict with
or inimical to, or which materially interferes, with his duties and
responsibilities to City.
2.0 Term and Termination
2.1 Term and Effective Date. ICP shall commence his services hereunder as
of July 1, 2011 (the effective date of this Agreement). This Agreement shall
expire on the earliest of the following dates: December 31, 2011 or the date
upon which ICP has worked 960 hours.
2.2 Termination. ICP may terminate this Agreement at any time and without
cause by giving written notice to the City of such termination, and
specifying the effective date thereof, at least 30 days before the effective
date of such termination. City may terminate this Agreement at any time
and without cause by giving written notice to ICP of such termination, and
specifying the effective date thereof, at least 30 days before the effective
date of such termination. Upon termination, ICP shall be compensated for
those services that have been adequately rendered to City prior to the •
effective date of termination, and ICP shall be entitled to no further
compensation.
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a,
3.0 Compensation
3.1 Salary. City shall pay ICP a salary of $4000.00 for each week worked.
City shall pay ICP at the same time employees of the City are paid on a bi-
weekly basis. ICP shall be an exempt employee under the Fair Labor
Standards Act and shall not be entitled to any overtime compensation in
any form. Because of ICP's unique situation and ineligibility for any form
of paid leaves or paid holidays, ICP may, with City Manager prior
approval, take leave without pay for those working hours that he is not
available to perform his services. ICP will report any leave without pay
hours on his timesheet.
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3.2 Expenses. City shall reimburse ICP for actual and necessary expenses
incurred in the performance of his official duties that are supported by
expense receipts in accordance with AB 1234 and any applicable City
ordinances, resolutions, rules, policies or procedures.
3.3 Benefits.
3.3.1 City Vehicle. ICP's duties require him to be available to respond to
the demands of City business after regular work hours and on weekends.
City shall provide ICP with an automobile to be used for City business and
for personal use within a 50 -mile radius of the City; however, ICP shall
purchase gasoline for the automobile when used for reasons other than
City business in the event such use falls outside the 50 -mile radius of the
City. ICP shall report all such personal use to the City Manager when the
latter occurs.
3.3.2 Uniform and Equipment. City shall provide 1CP with one fully
equipped police uniform and all related equipment necessary for him to
provide the Services.
3.3.3 tell Phone Allowance. City shall provide ICP with a cell phone
allowance of $75.00 per month for the performance of his official duties.
3.4 Deductions and Withholding. City will deduct or withhold from ICP's
compensation any and all applicable federal or state income tax and all
other taxes, deductions or withholdings required by then current state,
federal or local law. The City shall issue a W -2 form to ICP.
4.0 Indemnity and Immunities
4.1 City agrees to indemnify, defend, and hold harmless ICP from and against
any and all claims, actions, proceedings, suits, or damages, including
costs and attorneys' fees, resulting from physical harm or damage to
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persons or property which harm or damage arises out of or is in any way
caused by the acts, omissions, negligence or misconduct of City, its v.
officials, officers, agents or contractors.
4.2 ICP agrees to indemnify and hold harmless City, its elected and appointed
officials, officers, agents and contractors against any claims, actions,
proceedings, suits, or. damages, including costs and attorneys' fees,
resulting from physical harm or damage to persons or property which
harm or damage arises out of or is in any way caused by the ICP's
personal gross negligence or gross misconduct.
4.3 In connection with ICP's performance of the Services, and while ICP is
acting within the course and scope of this Agreement, the parties intend
for ICP to be entitled to the immunities and privileges to the fullest extent
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of the law including those set forth in the Government Tort Claims Act
(California Government Code Sections 810 et seq.) or any other
provisions of law providing governmental immunity for municipal
corporations, their employees and agents.
4.4 The provisions of this Mutual Indemnity Clause shall survive the
termination or expiration of this Agreement for all acts occurring within the
term of this Agreement and is subject to all applicable statutes of
limitation.
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5.0 Confidentiality
ICP covenants that all data, documents, discussion, or other information
developed or received by ICP or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by ICP without prior written authorization
by City. City shall grant such authorization if applicable law requires disclosure. All
original City data shall be returned to City upon the termination of this Agreement.
ICP's covenant under this Section regarding confidentiality shall survive the termination
of this Agreement.
6.0 Assignment
ICP shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
7.0 General Provisions
7.1 Non - Waiver of Terms, Rights and Remedies. Waivw by either party of
any one or more of the conditions of performance uncjer this Agreement
shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to ICP
constitute or be construed as a waiver by City of any breach- of covenant,
or any default which may then exist on the part of ICP, and the making of
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any such payment by City shall in no way impair or prejudice any right or
remedy available to City with regard to such breach or default.
7.2 Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the
respective duties of the parties pursuant to this agreement, the prevailing
party in such action or proceeding shall be entitled to recover its costs of
suit, including reasonable attorney's fees incurred in connection with such
action or proceeding. The venue for any litigation shall be Los Angeles
County, Califomia.
7.3 The headings herein are descriptive only and for convenience in reference
to this Agreement. Should there be any conflict between such caption,
and the section where the heading appears, the section, and not such
heading, shall control and govern in the construction of this Agreement.
7.4 This Agreement shall be governed and construed in accordance with the
laws of the State of Califomia.
7.5 This Agreement represents the entire agreement between the parties and
supersedes other agreements, either oral or in writing, between the parties
with respect to the subject matter of this Agreement. Each party to this
Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by either party, or
anyone acting on behalf of either party, which are not embodied herein,
and that no other agreement, statement of promises not contained in this
Agreement shall be valid or binding upon either party.
IN WITNESS WHEREOF, the CITY OF SEAL BEACH has caused this
Agreement to be signed and executed on its behalf by its City Manager, and duly
attested by its officers thereunto duly authorized, and ICP has signed and executed this
Agreement, both in duplicate.
CITY OF SEAL BEACH ICP
Jill R. Ingram, City Manager obert M. Luman
Dated: Dated: 490\ k
ATTEST: APPROVED AS TO FORM:
City Clerk City Attomey
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