HomeMy WebLinkAboutReso - CC - 001-2012RESOLUTION NO. 1-2012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
AGREEMENT WITH JAMES NANTELL FOR THE PROVISION OF PROFESSIONAL
SERVICES AS CITY MANAGER FOR THE CITY OF BURLINGAME
WHEREAS, Jim Nantell has been City Manager of the City of Burlingame for the past
eleven years and has successfully and faithfully executed the duties of that office in a dedicated
and exemplary manner; and
WHEREAS, Jim Nantell has submitted his retirement papers to the California Public
Employees Retirement System and has retired effective December 31, 2011; and
WHEREAS, the City Council has appointed a subcommittee of the City Council to
undertake the process of interviewing and retaining a professional search firm to implement and
manage the lengthy process of recruiting a new city manager, and
WHEREAS, during the time required to find and retain a new City Manager, the City
Council requires the services of a qualified, knowledgeable person who has the necessary and
special skills to act as City Manager; and
WHEREAS, there are currently pending several important city initiatives and actions
which require detailed attention, including but not limited to labor negotiations with the city's
labor organizations, planning and implementation of the downtown Burlingame Avenue
streetscape improvements, expansion of the Central County Fire Department Joint Powers
Agency to include Millbrae and San Bruno and the review and negotiations for development of
downtown parking lots; and
WHEREAS, pursuant to Government Code section 21221, as amended by AB 1028, the
City Council may appoint a retired person to fill a vacant city manager position provided that the
interim term of the appointed retiree shall not exceed twelve (12) months, that the compensation
paid to the retiree shall not exceed the maximum pay schedule for the vacant position, that the
retiree shall not work more than 960 hours in any fiscal year and that the appointment shall only
be for the time necessary for the recruitment of a permanent replacement; and
WHEREAS, Mr. Nantell is extremely well qualified to fill the vacant city manager
position during the recruitment process for his replacement, especially given his intimate
knowledge of the current city initiatives and projects, and he has expressed his willingness to
assume the duties and responsibilities pursuant to the terms and conditions of the Agreement
attached hereto as Exhibit "A'; and
WHEREAS, temporarily hiring retiree James Nantell to fill the vacant city manager
position will save the city 38 % of the city manager department budget for salaries, thereby
saving the City of Burlingame over $100,000.00 during the next twelve month period;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
1. The City Council finds that all of the facts stated in the recitals, within the staff
report and in statements at the Council meeting are true and correct.
2. The City Council finds that the efficient and competent management of the City
requires the immediate retention of a person of specialized skills and ability to fill, on a
temporary basis, the vacant position of City Manager.
3. The Council further finds that the retired City Manager, James Nantell, possesses
specialized skills and abilities necessary to temporarily fill the vacant position of Burlingame
City Manager during the time that the City conducts a recruitment process for his permanent
replacement.
4. The City Council hereby approves and authorizes the Mayor to execute an
agreement with James Nantell for the provision of professional services to the City of
Burlingame as its City Manager on an interim basis for a period not to exceed twelve (12)
months, in the form attached hereto as Exhibit "A".
lei eal, yo
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was adopted at a regular meeting of the City Council held on the 3`d day of
January, 2012, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK,
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
, DEAL, KEIGHRAN, NAGEL
djj�CA L "
Mary Allen Kearney, City Cler
ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF BURLINGAME AND
JAMES NANTELL FOR THE PROVISION OF PROFESSIONAL SERVICES TO THE
CITY OF BURLINGAME AS CITY MANAGER
This Agreement is entered into this 1 st day of January, 2012, by and between the City of
Burlingame, herein called the "City", and James Nantell ("Jim Nantell", "Mr. Nantell' or
"Nantell").
RECITALS
WHEREAS, Jim Nantell has been City Manager of the City of Burlingame for the
pasteleven years and has successfully and faithfully executed the duties of that office in a
dedicated and exemplary manner; and
WHEREAS, Jim Nantell has submitted his retirement papers to the California Public
Employees Retirement System and has retired effective December 31, 2011; and
WHEREAS, the City Council has appointed a subcommittee of the City Council to
undertake the process of interviewing and retaining a professional search firm to implement and
manage the lengthy process of recruiting a new city manager; and
WHEREAS, during the time required to find and retain a new City Manager, the City
Council requires the services of a qualified, knowledgeable person who has the necessary and
special skills to act as City Manager; and
WHEREAS, there are currently pending several important city initiatives and actions
which require detailed attention, including but not limited to labor negotiations with the city's
labor organizations, planning and implementation of the downtown Burlingame Avenue
streetscape improvements, expansion of the Central County Fire Department Joint Powers
Agency to include Millbrae and San Bruno and the review and negotiations for development of
downtown parking lots; and
WHEREAS, pursuant to Government Code section 21221, as amended by AB 1028, the
City Council may appoint a retired person to fill a vacant city manager position provided that the
interim term of the appointed retiree not exceed twelve (12) months, that the compensation paid
to the retiree not exceed the maximum pay schedule for the vacant position, that the retiree not
work more than 960 hours in any fiscal year and that the appointment be only during the period
of time necessary for the recruitment of a permanent replacement; and
WHEREAS, Mr. Nantell is extremely well qualified to fill the vacant city manager
position during the recruitment process for his replacement, especially given his intimate
knowledge of the current city projects, and he has expressed his willingness to assume the duties
and responsibilities provided in this Agreement pursuant to the terms and conditions herein; and
Revised: Pave 1 of 7
WHEREAS, temporarily hiring retiree Nantell to fill the vacant city manager position
will save the city 38 % of the city manager department budget for salaries, thereby saving the
City of Burlingame over $100,000.00 during the next twelve month period;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Employment and Duties. Mr. Nantell shall provide services to the City of Burlingame as
City Manager of the City. Mr. Nantell shall also serve as Executive Director of the City
Redevelopment Agency (dormant) and as Executive Director of the Burlingame
Financing Authority and shall perform such further duties as the City may direct.
Mr. Nantell shall serve as a temporary employee.
2. Time of Performance. Mr. Nantell shall begin employment with the City in this
temporary appointment to fill the vacant city manager position on January 1, 2012.
Devotion to Duties. During such time as Mr. Nantell is providing the City with city
manager services pursuant to this Agreement, Mr. Nantell shall not accept or undertake
any employment that will interfere with, conflict with, or be inconsistent with his
obligations under this Agreement or State or City laws.
4. Nonassignability. The services to be performed under this Agreement are unique and
personal to Mr. Nantell, and he is being employed solely because of his personal
qualifications, qualities, and character. No portion of these services shall be assigned or
subcontracted in any way.
5. Compensation. For all of the above -referenced services, Mr. Nantell shall be
compensated as follows:
Mr. Nantell shall be paid $85.00 per hour for his services. Mr. Nantell shall not work
more than 960 hours from January 1, 2012 through June 30, 2012 and shall not work
more than 960 hours from July 1, 2012 through December 31, 2012. Though as a retiree
working as a temporary City employee he will not be eligible for or receive any
employee benefits, Mr. Nantell shall be provided 80 hours of administrative leave during
the term of this agreement.
6. Vehicle Allowance. At Mr. Nantell's option, the City shall either provide Mr. Nantell
with the use of a City -registered, recent model Ford Taurus or equivalent or a vehicle
allowance in an amount to be negotiated between the parties.
If Mr. Nantell elects a City -registered vehicle, the City use shall include City -provided
maintenance and gasoline. If Mr. Nantell wishes to use the City -registered vehicle for
personal use that exceeds merely incidental personal use, he may do so only within the
County of San Mateo and the City and County of San Francisco, only so long as Mr.
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Nantell is the only operator of the vehicle, and only so long as Mr. Nantell maintains the
following liability insurance coverage for the vehicle for that personal use:
a. Liability coverage of at least $100,000 per occurrence for personal injury, and
$50,000 for property damage. Mr. Nantell shall provide to the City all certificates of
insurance, with original endorsements effecting coverage. Mr. Nantell agrees that all
certificates and endorsements are to be received and approved by the City before
personal use of the vehicle is made.
b. The City, its officers, officials, employees and volunteers are to be covered as insured
as respects Mr. Nantell's personal use of the vehicle. Mr. Nantell's insurance
coverage shall be primary insurance for the personal use as respects the City, its
officers, officials, employees and volunteers. Any insurance or self -insurances
maintained by the City, its officers, officials, employees or volunteers shall be excess
of Mr. Nantell's insurance for the personal use and shall not contribute with it for any
personal use. However, City shall reimburse Mr. Nantell for the additional cost, if
any, over and above Mr. Nantell's existing personal vehicle coverage of purchasing
insurance coverage for use of the City -provided vehicle pursuant to this paragraph 10.
c. The insurance policy required in this item shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Current certification of such insurance shall be kept on file at
all times during the term of this agreement with the City Clerk.
Mr. Nantell shall hold the City, its officers and employees harmless for all damages,
liabilities, penalties, costs, or expenses in law or equity, including attorney's fees, that
may at any time arise or be set up because of damages to property or personal injury
arising from his personal use of the City -provided vehicle.
Termination of Agreement. The term of this agreement shall be for one (1) year,
beginning January 1, 2012 and ending December 31, 2012. During the term of the
agreement either party may terminate this Agreement at any time upon giving at least
ninety (90) days' written notice to the other party.
8. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To City: City Clerk
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Revised: Palle 3 of 7
To Mr. Nantell: James Nantell
Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
10. Binding Effect. This Agreement was negotiated and drafted by both parties. This
Agreement is binding on the heirs and executors, administrators, and conservators of Mr.
Nantell.
11. Governing Law. This Agreement, regardless of where executed, shall be governed by
and construed according to the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior or Municipal Court of the County of
San Mateo or Santa Clara.
12. Non -Liability of Officials and Employees. No official or employee of the City shall be
personally liable for any default or liability under this Agreement except Mr. Nantell.
13 . No Rights in Third Parties. Nothing contained in this Agreement is intended to nor shall
it be construed to create any right of action of any kind in any third party.
14. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and Mr. Nantell.
15. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
the Agreement between the City and Mr. Nantell. No terms, conditions, understandings
or agreements purporting to modify or vary this Agreement, unless hereafter made in
writing and signed by the party to be bound, shall be binding on either party.
Revised: Page 4 of 7
IN WITNESS WHEREOF, the City and Mr. Nantell have executed this Agreement as of
the date indicated herein.
City of Burlingame James Nantell
J6ry Deal Mayor "�JamlesNantclUl
Appro,�ed as to form:
s42z,1 ? LLA
s duinan, City Attorney
ATTEST: l
(b �(-' �;L' �'
Mary E116 Keame , City Clerk
Revised: Paee 5 of 7