HomeMy WebLinkAbout2011-071
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RESOLUTION NO. 2011-71
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEITH L
KILMER.
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 Keith L.
9 Kilmer 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.
II 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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2011-71
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEITH L. .
KILMER.
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9 MARQUEZ
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
Common Council of the City of San Bernardino at a regular meeting thereof, held on the 21 s
day of March, 2011, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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10 VACANT
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MCCAMMACK
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v\- .~J"'-L.A_'''~ . ~{.,A--/,--jC.
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this =>?1/7H day of March ,2011.
~or
City of San Bernardino
Approved as to form:
B~\L>~
James Penman
City Attorney
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2011-71
EXHIBIT "A"
1 TRANSITIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this 15th day of March 2011, by and
3 between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L. KILMER,
4 an individual ("Kilmer").
5 WHEREAS, on May 15,2009, the City entered into an Employment Agreement with
6 Kilmer providing for the terms of his appointment to the office of Chief of Police of the City of
7 San Bernardino;
8 WHEREAS, on March 14,2011, Kilmer announced his retirement and the resignation
9 of his position with the City effective March 31, 2011 ;
10 WHEREAS, it is in the best interest of the City to facilitate a smooth transition during
11 the recruitment and appointment of a new Chief of Police; and
12 WHEREAS, the parties desire to enter into this Transitional Services Agreement
13 ("Agreement") to provide for the terms by which Kilmer will continue to serve as the Chief of
14 Police during the transition period while the City recruits and appoints a new Chief of Police;
15 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
16 1. APPOINTMENT FOR TRANSITION PERIOD. Effective April 2, 2011, and
17 continuing through the term of this Agreement, Kilmer shall continue his appointment as the
18 Chief of Police of the City of San Bernardino, and shall faithfully execute all the duties,
19 obligations, and responsibilities of said office.
20 2. TERM. The term of this Agreement shall be from April 2, 2011 through
21 September 1, 2011, unless earlier terminated as provided in section 4 of this Agreement.
22 3. COMPENSATION. Kilmer shall be compensated at an hourly rate equivalent
23 to his effective salary as of March 31, 2011. Kilmer shall not be provided any benefits,
24 including but not limited to, health, dental, vision, leave, vacation, retirement, long-term
25 disability coverage, life insurance, uniform allowance, education incentive pay, or other
26 benefits that may be provided to employees of the City.
27 4. TERMINATION. This Agreement may be terminated immediately by either
28 party upon written notice.
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2011-71
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ENTIRE AGREEMENT. This Agreement contains the entire agreement
2 between the parties as to the terms of the services provided by Kilmer to the City of San
3 Bernardino beginning on April 2, 201 I through the term of this Agreement. This Agreement,
4 however, does not abrogate, alter, or amend any responsibility, obligation, right, or privilege
5 either party mayor may not possess, maintain, or claim pursuant to the terms of the
6 Employment Agreement dated May 15,2009.
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SEVERABILITY. If any part or provision of this Agreement is in conflict or
8 inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held
9 to be invalid or unenforceable by any court of competent jurisdiction, such part or provision
10 shall be suspended and superseded by such applicable law or regulations, and the remainder
11 ofthis Agreement shall not be affected thereby.
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AMENDMENT. This Agreement may only be amended by a written agreement
13 executed by the parties, and may not be amended by oral agreement.
14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
15 day and date first shown.
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ATTEST:
CITY OF SAN BERNARDINO
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By:Q~ h ~~
Rachel Clark, City Clerk
. Morris, Mayor
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APPROVED AS TO FORM:
KEITH L. KILMER
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