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Home My WebLink AboutAGMT - Luman, Robert (Chief of Police- Interim) AMENDMENT NO. 1 INTERIM POLICE CHIEF SERVICES Between -"S). SAL B`'" ��\1 P° 4; I• I*1 Itplopc, tOtee$ i0% NE/ 0•7:) i9% 4<C tiNfi-G11.- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Robert M. Luman 4219 Linden Avenue Long Beach, CA 90807 This Amendment No. 1 dated November 14, 2011, amends that certain agreement ("Agreement") between the City of Seal Beach, a California charter city ("City") and Robert M. Luman ("Interim Chief of Police — hereinafter ICP") dated November 14, 2011. RECITALS WHEREAS, City and ICP entered into the Agreement on June 27, 2011 under which ICP has provided professional services; WHEREAS, the Agreement will expire on December 31, 2011, unless extended; and WHEREAS, the parties wish to amend the Agreement to extend the term until June 30, 2012. NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Subsection 2.1 of Section 2.0 (Term and Termination) is hereby amended to read as follows: "2.1 A. Effective Date. ICP shall commence his services hereunder as of July 1, 2011 (the effective date of this Agreement). B. Initial Term. The initial term of this Agreement shall be from July 1, 2011 to December 31, 2011 or the date upon which ICP has worked 960 hours. C. Extended Term. The term of this Agreement, as amended herein, is extended to June 30, 2012." Section 2. All other terms and provisions of the Agreement shall have full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH INTERIM CHIEF OF POLICE , R&Ingram, City M.eer Ro ert M. Luman ATTEST: APPROVED AS TO FORM: -0./64 Lind Devine, C y Clerk uinn M. Barrow, City Attorney ) AGREEMENT Between i SEAi--4 �� cAR4D�aaFO. ,y,, a c ¢' az' ycF 4R 27,VI\- \� , Ot/NTY,CP* 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. 1 S7296-0001\1367769v7.doc 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. 2 57296-0001\1367769v7.doc 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. 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 ICP with one fully equipped police uniform and all related equipment necessary for him to provide the Services. 3.3.3 Cell 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 3 S7296-0001\I367769v7.doc 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 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 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. 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. Waiver by either party of any one or more of the conditions of performance under 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 4 S7296-0001\1367769v7.doc 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, California. 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 California. 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 A 0 1 A, . Ingram, City Ma 'r'`er Robert M. Luman Dated: (PI a,7 I Dated: ATTE T: APPROVED A 0 FORM: ,1 4 1(,4, W4 City Clerk ity Attorney 5 57296-0001\1367769v7 doc 411110:‘ 14111) 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 Junnee�,2011 by the following vote: AYES: Council Members � yl y ' r ��C / (1///zik -11‘z NOES: Council Members t frt,F ABSENT: Council Members ABSTAIN: Council Members ( 4nJ /.L Mayor ATTEST: r- v \ ,°naoR44, Cy, 417 n/ s° o 1 Cite Clerk ,,y r ; p� ' °9E9 21 , �h. CX `. ,,�,,•` ` AUNTY 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. • Ci Clerk