HomeMy WebLinkAbout11-Human Resources ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Linn Livingston SUBJECT: RESOLUTION AUTHORIZING
THE EXECUTION OF AMENDMENT NO.
Dept: Human Resources 1 TO THE TRANSITIONAL SERVICES
AGREEMENT BETWEEN KEITH L.
KILMER AND THE CITY OF SAN
Date: August 30, 2011 BERNARDINO.
M/CC Meeting Date: September 6, 2011
Synopsis of Previous Council Action:
On March 21, 2011, the Mayor and Common Council authorized the execution of a
Transitional Services Agreement between the City of San Bernardino and Keith L.
Kilmer (Resolution No. 2011-71).
Recommended Motions:
Adopt Resolution.
Signature
Contact person: Linn Livingston Phone: 384-5161
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS:
Amount: $9,962 in savings to General Fund
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: eso moll 02 (� o
Agenda Item No.
6a-acp
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of Amendment No. 1 to the Transitional Services
Agreement between Keith L. Kilmer and the City of San Bernardino.
BACKGROUND:
On March 21, 2011, the Mayor and Common Council executed a Transitional Services
Agreement with Keith L. Kilmer to continue his appointment as Chief of Police during the
recruitment/appointment process. The term of the Agreement was to terminate no later than
September 1, 2011.
Bob Murray & Associates, the professional recruiting firm, is currently finalizing the
recruitment/appointment process for this position. In an effort to continue stability, leadership
and progress in the Police Department during the transition, it is recommended that the
Agreement with Keith Kilmer be amended to extend the term from September 2, 2011, through
November 7, 2011, or until the position of Chief of Police is filled, whichever comes first.
FINANCIAL IMPACT:
There is a net savings of up to $9,962 in the City's budget since Chief Kilmer will only be paid
an hourly wage with no benefits under the terms of the Transitional Services Agreement.
RECOMMENDATIONS:
Adopt Resolution.
10ns11AA1)HAWA PQqe-
I RESOLUTION NO. COPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE
3 TRANSITIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KEITH L. KILMER.
4
WHEREAS,the City of San Bernardino has an existing Transitional Services Agreement
5
with Keith L. Kilmer to continue his appointment as Chief of Police during the
6
recruitment/appointment process; and
7
8 WHEREAS,the City wishes to continue this appointment; and
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11
SECTION 1: The City Manager of the City of San Bernardino is hereby authorized an
12
directed to execute Amendment No. 1 to the Transitional Services Agreement with Keith L
13
14 Kilmer to continue his appointment as Chief of Police during the recruitment/appointmen
15 process. A copy of said Amendment is attached hereto as Exhibit"A"and incorporated herein by
16 reference.
17 SECTION 2: The authorization to execute the above-referenced Amendment No. 1 is
18 rescinded if the parties to the Amendment do no execute it within sixty (60) days of the passage
19 of this Resolution.
20
21
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. I TO THE
2 TRANSITIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KEITH L. KILMER.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof,
5
held on the day of ,20115 by the following vote,to wit:
6
COUNCIL,MEMBERS: AYES NAYES ABSTAIN ABSENT
s
MARQUEZ
JENKINS
9 BRINKER
to SHORETT
ii KELLEY
12 JOHNSON
MC CAMMACK
13
14
Rachel G. Clark, City Clerk
15
The foregoing Resolution is hereby approved this of , 2011.
16
17 Patrick J. Morris,Mayor
18 City of San Bernardino
Approved as to form:
19
JAMES F. PENMAN,
20 City Attorney
21 By: ql5z""' �✓riY�!.
22
23
24
AWFft
25
2
1 AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT
BETWEEN KEITH L.KILMER AND THE CITY OF SAN BERNARDINO
2
AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT
3
4 (hereafter referred to as "Agreement") is made and entered into this 6h day of September, 2011
5 by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L
6 KILMER, an individual(hereafter referred to as"Kilmer"):
7 WITNESSETH:
8 WHEREAS,parties hereto entered into an Agreement dated March 21, 2011, to provide
9 for the terms by which Kilmer will continue to serve as the Chief of Police during the transition
10
period while the City recruits and appoints a new Chief of Police; and
11
WHEREAS, Section 7 of the aforesaid Agreement allows such Agreement to be
12
amended by a written agreement executed by the parties; and
13
WHEREAS,the parties desire to enter into this Amendment to the Agreement;
14
15 NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
16 1• AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT. The
17 Amendment to the Agreement amends only those terms contained herein; such terms not covered
18 by this Amendment shall remain in full force and effect as set forth in said Agreement date
19 March 21, 2011. This Amendment does not abrogate, alter, or amend any responsibility,
20 obligation,right, or privilege either party may or may not possess, maintain, or claim pursuant to
21 the terms of the Employment Agreement dated May 15,2009.
22 2. TERM. The term of the Agreement is extended to November 7, 2011, or until the
23
position of Chief of Police is filled, whichever comes first, unless previously modified, amended
24
or cancelled as provided in Section 4 of the Agreement.
25
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1 IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 to the
2 Transitional Services Agreement on the 6t'day of September, 2011.
3
4
Date: , 2011 By:
5 Patrick J. Morris, Mayor
City of San Bernardino
6
7 Date: , 2011 Keith L. Kilmer
8
9 ATTEST:
10
11 Rachel Clark, City Clerk
12
13 APPROVED AS TO FORM:
14 By:
J S F. PENMAN,
15 C'ty Attorney
16
17
18
19
20
21
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE
3 TRANSITIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KEITH L. KILMER.
4
WHEREAS,the City of San Bernardino has an existing Transitional Services Agreemen
5
with Keith L. Kilmer to continue his appointment as Chief of Police during the
6
recruitment/appointment process; and
7
8 WHEREAS,the City wishes to continue this appointment; and
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11
SECTION 1: The City Manager of the City of San Bernardino is hereby authorized an
12
directed to execute Amendment No. 1 to the Transitional Services Agreement with Keith L
13
Kilmer to continue his appointment as Chief of Police during the recruitment/appointmen
14
15 Process. A copy of said Amendment is attached hereto as Exhibit"A" and incorporated herein by
16 reference.
17 SECTION 2: The authorization to execute the above-referenced Amendment No. 1 is
18 rescinded if the parties to the Amendment do no execute it within sixty (60) days of the passage
19 of this Resolution.
20
21
22
23
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25
1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE
2 TRANSITIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND KEITH L.KILMER.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof,
5
held on the day of , 2011, by the following vote,to wit:
6
COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
7
s
MARQUEZ
JENKINS
9
BRINKER
10 SHORETT
11 KELLEY
12 JOHNSON
MC CAMMACK
13
14
Rachel G. Clark, City Clerk
15
The foregoing Resolution is hereby approved this of ,2011.
16
17 Patrick J. Morris, Mayor
18 City of San Bernardino
Approved as to form:
19
JAMES F. PENMAN,
20 City Attorney
21 By: Pig
22
23
24
w
25
2
EXHIBIT "A"
1 AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT
BETWEEN KEITH L.KILMER AND THE CITY OF SAN BERNARDINO
2
AMENDMENT NO. l TO THE TRANSITIONAL SERVICES AGREEMENT
3
4 (hereafter referred to as "Agreement") is made and entered into this 6h day of September, 2011
5 by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L
6 KILMER, an individual (hereafter referred to as "Kilmer"):
7 WITNESSETH:
8 WHEREAS, parties hereto entered into an Agreement dated March 21, 2011, to provide
9 for the terms by which Kilmer will continue to serve as the Chief of Police during the transition
10
period while the City recruits and appoints a new Chief of Police; and
11
WHEREAS, Section 7 of the aforesaid Agreement allows such Agreement to be
12
amended by a written agreement executed by the parties; and
13
WHEREAS,the parties desire to enter into this Amendment to the Agreement;
14
15 NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
16 1. AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT. The
17 Amendment to the Agreement amends only those terms contained herein; such terms not covered
18 by this Amendment shall remain in full force and effect as set forth in said Agreement date
19 March 21, 2011. This Amendment does not abrogate, alter, or amend any responsibility,
20 obligation, right, or privilege either party may or may not possess, maintain, or claim pursuant to
21 the terms of the Employment Agreement dated May 15, 2009.
22 2. TERM. The term of the Agreement is extended to November 7, 2011, or until the
23
position of Chief of Police is filled, whichever comes first, unless previously modified, amended
24
or cancelled as provided in Section 4 of the Agreement.
25
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1 AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT
BETWEEN KEITH L.KILMER AND THE CITY OF SAN BERNARDINO
2
AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT
3
4 (hereafter referred to as "Agreement") is made and entered into this 6`h day of September, 2011
5 by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and KEITH L
6 KILMER, an individual (hereafter referred to as "Kilmer"):
7 WITNESSETH:
8 WHEREAS, parties hereto entered into an Agreement dated March 21, 2011, to provide
9 for the terms by which Kilmer will continue to serve as the Chief of Police during the transition
10
period while the City recruits and appoints a new Chief of Police; and
11
WHEREAS, Section 7 of the aforesaid Agreement allows such Agreement to be
12
amended by a written agreement executed by the parties; and
13
WHEREAS,the parties desire to enter into this Amendment to the Agreement;
14
15 NOW,THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
16 1. AMENDMENT NO. 1 TO THE TRANSITIONAL SERVICES AGREEMENT. The
17 Amendment to the Agreement amends only those terms contained herein; such terms not covered
18 by this Amendment shall remain in full force and effect as set forth in said Agreement date
19 March 21, 2011. This Amendment does not abrogate, alter, or amend any responsibility,
20 obligation, right, or privilege either party may or may not possess, maintain, or claim pursuant t
21 the terms of the Employment Agreement dated May 15, 2009.
22 2. TERM. The term of the Agreement is extended to November 7, 2011, or until the
23
position of Chief of Police is filled, whichever,comes first, unless previously modified, amended
24
or cancelled as provided in Section 4 of the Agreement.
25
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S
s
a
1 IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 to the
2 Transitional Services Agreement on the 6th day of September, 2011.
i
3
4
Date: , 2011 By:
5 Patrick J. Morris, Mayor
City of San Bernardino
6
7 Date: , 2011 Keith L. Kilmer
8
9 ATTEST:
10
11 Rachel Clark, City Clerk
12
13 APPROVED AS TO FORM:
14 By:
JAMES F. PENMAN,
15 City Attorney
16
17
18
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20
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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
8 party upon written notice.
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2011-71
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
17
18 By:W• c,L /G.J. (✓2+�h-�_ By:
19 Rachel Clark, City Clerk P "ck . Morris, Mayor
20
21 APPROVED AS TO FORM: KEITH L. KILMER
22
23 -
B ,
24 James F. enman,City Attorney
25
26
27
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I RESOLUTION NO. 2011-71
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 CITY
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.
14 Ill
15
16 JIl
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25 /Il
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2011-71
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A TRANSITIONAL SERVICE
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEITH L.
3 kILMER.
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 x
10 VACANT
Il BRINKER x
12 x
SHORETT
13
14
KELLEY x
15 JOHNSON x
16 MCCAMMACK x
17
Rachel G. Clark, City Clerk
19
20 The foregoing resolution is hereby approved this day of March , 2011.
21
22 `
23 c J. Morris,Mayor
City of San Bernardino
24 Approved as to form:
25
26 B �
James Penman
27 City Attorney
28
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