HomeMy WebLinkAbout2009-073
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RESOLUTION NO. 2009-73
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHARLES E
MCNEELY
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized an
8 directed to execute on behalf of said City the Transitional Services Agreement between Charle
9 E. McNeely and the City of San Bernardino, which is attached hereto, marked Exhibit "A", an
10 incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization to execute the above-referenced agreement is rescinde
12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of thi
13 resolution.
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2009-73
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHARLES E
MCNEELY
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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Common Council of the City of San Bernardino at a j oint regular meeting thereof, held 0
the 6th day of April
, 2009, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
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BAXTER
x
BRINKER
x
SHORETT
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KELLEY
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JOHNSON
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MCCAMMACK
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at~ h.~
City Clerk
The foregoing resolution is hereby approved this '77'7J.
day of April ,2009.
~kJM .~
c . oms, ayor
City of San Bernardino
24 Approved as to form:
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2009-73
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1 TRANSITIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this ~ day of April, 2009,
3 by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and CHARLES E.
4 MCNEELY, an individual ("McNeely").
5 WHEREAS, the City has entered into an Employment Agreement with Charles E.
6 McNeely, effective June I, 2009, providing for the terms by which he will serve as City
7 Manager of the City of San Bernardino;
8 WHEREAS, leading up to the effective date of the Employment Agreement, it is in the
9 best interest of the City to facilitate a smooth transition to the new City Manager; and
10 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
11 responsibilities of the parties;
12 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
13 1. TRANSITIONAL SERVICES. Under the general direction of the Mayor and in
l4 cooperation with the City Manager, McNeely shall provide up to one hundred and twenty-five
15 (125) hours of transitional services to City between the effective date of this Agreement and
16 the start of his employment with City on June 1, 2009. Transitional services will include
17 meetings with city officials, department heads, and key stakeholders in the community and
18 region, orientation on city issues and departmental operations, providing input into the
19 development of the Fiscal Year 2009-2010 preliminary budget, and other services as may be
20 requested by the Mayor and/or the City Manager.
21 2. TERM. The term of this Agreement shall be from April 6, 2009, through May
22 31,2009.
23 3. COMPENSATION. McNeely shall be compensated for transitional services at
24 an hourly rate equivalent to the salary, less ten percent (10%), set forth in the Employment
25 Agreement with McNeely dated March 19, 2009, and approved by the Mayor and Common
26 Council.
27 4. TERMINATION. This Agreement may be terminated immediately by either
28 party upon written notice.
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2009-73
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ENTIRE AGREEMENT. This Agreement contains the entire agreement
2 between the parties. Any correspondence, letters, documents, or discussions leading up to this
3 Agreement or in any other way made between the parties or their agents are replaced and
4 superseded by this Agreement.
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SEVERABILITY. If any part or provision of this agreement is in conflict or
6 inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held
7 to be invalid or unenforceable by any court of competent jurisdiction, such part or provision
8 shall be suspended and superseded by such applicable law or regulations, and the remainder
9 of this agreement shall not be affected thereby.
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AMENDMENT. This Agreement may only be amended by a written agreement
11 executed by the parties, and may not be amended by oral agreement.
12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
13 day and date first shown.
14 ATTEST:
CITY OF SAN BERNARDINO
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BY:~~h~
~el~~
~ .
. 0- ,..I
~. ~~yor
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APPROVED AS TO FORM:
CHARLES E. MCNEELY
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