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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Patrick J. Morris Subject:
RESOLUTION OF THE MAYOR AND
Dept: Office of the Mayor COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING
Date: March 15, 2011 THE EXECUTION OF A TRANSITIONAL
SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
KEITH L. KILMER
M/CC Meeting date: March 21, 2011
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt resolution.
Signature
Contact person: Jim Morris Phone: 5133
Supporting data attached: Staff Report, Resolution
Agreement Ward: all
FUNDING REQUIREMENTS: Amount: $47,478 in savings to General Fund
Source:
Finance:
Council Notes: ZZ
Agenda Item No. __
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 Keith L. Kilmer.
Background
On May 15 2009, the Mayor and Common Council adopted Resolution 2009-115, authorizing
the execution of an Employment Agreement with Keith L. Kilmer for the position of Chief of
Police to commence June 1, 2009.
On March 14, 2011, Chief Kilmer announced his retirement and the resignation of his position
with the City effective March 31, 2011.
Mayor Morris has engaged the services of Bob Murray & Associates to begin immediately the
recruitment of a new Chief of Police. Bob Murray & Associates is the professional recruiting
firm that effectively assisted the City in the recruitment and appointment of Chief Kilmer. In
discussions this week with Mr. Murray, it is estimated that the recruitment and appointment of a
new Chief of Police could likely be accomplished by mid-August 2011.
During the transition period between April I" and mid-August, continued stability, leadership,
and progress in the San Bernardino Police Department is critical. During his tenure, Chief
Kilmer has provided stabile and highly effective leadership of the Police Department. The
proposed transitional services agreement would continue Chief Kilmer's appointment and
leadership of the Police Department while the City recruits and appoints and new Chief of
Police.
During the transition period, the proposed agreement will compensate Chief Kilmer at the hourly
rate of his existing salary. Chief Kilmer will not be provided any benefits or other form of
compensation during the transition period. The transition services agreement commences April
2, 2011, and the agreement will terminate no later than September 1, 2011 or may be terminated
upon the appointment of the new Chief of Police, whichever occurs earlier.
Financial impact
There is a net savings of up to $47,478 in the City's budget by this action. This net savings is
achieved because Chief Kilmer will be paid only an hourly wage with no benefits under the
terms of the transitional services agreement.
Recommendation
Adopt resolution.
I RESOLUTION NO. J
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEITH L
4 KILMER.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
6 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.
11 SECTION 2. The authorization to execute the above-referenced agreement is rescinded
12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
13 resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHARLES E
3 MCNEELY
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 21st
6
day of March, 2011, by the following vote,to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 VACANT
11 BRINKER
12
SHORETT
13
14 KELLEY
15 JOHNSON
16 MCCAMMACK
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19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of , 2011.
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23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to form:
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26 B
James A Penman
27 City Attorney
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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
8 party upon written notice.
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1 5. 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, 2011 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 may or may not possess, maintain, or claim pursuant to the terms of the
6 Employment Agreement dated May 15,2009.
7 6. 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 of this Agreement shall not be affected thereby.
12 7. 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.
16 ATTEST: CITY OF SAN BERNARDINO
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18 By: By:
19 Rachel Clark, City Clerk Patrick J. Morris, Mayor
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21 APPROVED AS TO FORM: KEITH L. KILMER
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24 B
James F. enman, City Attorney
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