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HomeMy WebLinkAbout19-Mayor's Office (2) 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. jCP[ s(gnature '- 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 If"-U-oq 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. 2 3 4 5 6 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 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III ~-b -Zf) -# /9 -1- 2 3 4 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 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 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: 25 26 27 28 ;~ -2- 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. -1- EXHIBIT "An 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. 14 ATTEST: CITY OF SAN BERNARDINO 15 17 By: Rachel Clark, City Clerk By: Patrick J. Morris, Mayor 16 18 19 APPROVED AS TO FORM: CHARLES E. MCNEELY 20 23 21 22 24 25 26 27 28 -2- 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. -1- 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. 14 ATTEST: CITY OF SAN BERNARDINO 15 16 By: Rachel Clark, City Clerk By: Patrick J. Morris, Mayor 17 18 19 APPROVED AS TO FORM: CHARLES E. MCNEELY 20 21 22 23 24 25 26 27 28 -2-