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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL A~ 1 N A L
Date:
March 24, 2009
Subject: RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE
EXECUTION OF A TRANSITIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CHARLES E. MCNEELY
From:
Patrick J. Morris
Mayor
MICC Meeting Date: April 6, 2009
Synopsis of Previous Council Action:
March 19,2009 - Resolution is adopted authorizing the execution of an Employment Agreement
between Charles E. McNeely for the position of City Manager to commence June 1, 2009, and
authorizing negotiation of a transitional Services Agreement with Charles E. McNeely during the
interim period until June 1,2009
Recommended Motion:
Adopt resolution.
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Contact person: Mayor Morris
Phone:
5133
Supporting data attached: staff report, agreement
Ward:
All
FUNDING REQUIREMENTS:
Amount: No net cost to the City; contract cost of $14,900
to be offset by salary savings
Source: (Acct. No.) 001-100-5502
(Acct. Description) City Manager's Office
Finance:
Council Notes:
~o .&:tJ 9- '73
Agenda Item No. J q
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect
Resolution authorizing the execution of a transitional services agreement between the City of
San Bernardino and Charles E. McNeely.
Backl!round
On March 19,2009, the Mayor and Common Council adopted Resolution 2009-61, authorizing
the execution of an Employment Agreement between Charles E. McNeely for the position of
City Manager to commence June I, 2009, and authorizing negotiation of a transitional services
agreement with Charles E. McNeely during the interim period until June 1,2009.
In this interim time before Mr. McNeely begins his tenure as City Manager, Mr. McNeely will
available to work in San Bernardino for approximately fourteen (14) working days during April
and May. Under the general direction of the Mayor and in coordination with the Acting City
Manager, Mr. McNeely work will be primarily focused on meetings with city officials,
department heads, and key stakeholders in the community and region, orientation on city issues
and departmental operations, and providing input into the development of the Fiscal Year 2009-
2010 Preliminary Budget.
The proposed transitional services agreement will compensate Mr. McNeely for up to 125 hours,
at a cost not to exceed $14,900.
Financial impact
There is no net impact to the City's budget by this action. During the period of April 21 through
May 31, 2009, the city manager position will be vacant, and Assistant City Manager Lori
Sassoon will be Acting City Manager at no additional cost to the City. The resulting salary
savings of approximately five (5) weeks will more than offset the cost of the transitional services
agreement, which will not to exceed $14,900.
Recommendation
Adopt resolution.
CC(Q)[P
RESOLUTION NO.
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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 rescind
12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of thi
13 resolution.
14 III
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26 III
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28 III
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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
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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IS
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meeting thereof, held 0
Common Council of the City of San Bernardino at a
, 2009, by the following vote, to wit:
the _ day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
City Clerk
,2009.
day of
The foregoing resolution is hereby approved this
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to form:
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1 TRANSITIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this day of , 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 I. TRANSITIONAL SERVICES. Under the general direction of the Mayor and in
14 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 I, 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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EXHIBIT "An
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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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6.
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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7.
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:
Rachel Clark, City Clerk
By:
Patrick J. Morris, Mayor
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APPROVED AS TO FORM:
CHARLES E. MCNEELY
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1 TRANSITIONAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this day of , 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 I. TRANSITIONAL SERVICES. Under the general direction of the Mayor and in
14 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 I, 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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1
5.
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.
5
6.
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.
10
7.
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.
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ATTEST:
CITY OF SAN BERNARDINO
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By:
Rachel Clark, City Clerk
By:
Patrick J. Morris, Mayor
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APPROVED AS TO FORM:
CHARLES E. MCNEELY
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