HomeMy WebLinkAbout2004-3651
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RESOLUTION NO. 2004-365
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT TO EMPLOY DENNIS REICHARDT ON A PART-TIME BASIS FORA SIX
MONTH PERIOD, OR 960 HOURS, WHICHEVER OCCURS FIRST.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized to execute on behalf of said City an
Agreement with DENNIS REICHARDT to act as the Fire Department's Fire Manager on a part-
time basis not to exceed a six month period, or 960 hours, whichever occurs first. Said Agreement
is attached hereto, marked Exhibit "A," and incorporated herein by reference as fully as though
set forth at length.
SECTION 2. The authorization to execute the above -referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
SDE/ed [Reichardt Res]
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RESOLUTION NO. 2004-365
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT TO EMPLOY DENNIS REICHARDT ON A PART-TIME BASIS FOR A
SIX MONTH PERIOD, OR 960 HOURS, WHICHEVER OCCURS FIRST.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular meeting thereof,
held on the 15th day of November 2004, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
CITY CLERK " � '^—J (J
The foregoing Resolution is hereby approved this A� day of November
2004. A /
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By:
SDE/ed [Reichard[.Res]
2
of San
. 2004-365
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 15th day of November , 2004, by and between
Dennis Reichardt, Fire Manager (hereinafter "MANAGER") and the City of San Bernardino
(hereinafter "CITY").
WHEREAS, the Mayor and Common Council have determined that it is advantageous and
in the best interest of the CITY to engage a professional temporary part-time civilian Fire Manager
for the San Bernardino Fire Department; and
WHEREAS, the CITY desires to retain the services of Dennis Reichardt for the purpose of
administering and supervising the activities of the Fire Department; and
WHEREAS, Dennis Reichardt possesses the professional skills and abilities to provide those
services for the Fire Department and the CITY.
NOW THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, MANAGER shall provide the following professional
services:
a. The equivalent duties and responsibilities of the Deputy Fire Chief, including but not
limited to, administering and supervising the activities of the Fire Department. For
all facts, circumstances, and purposes, MANAGER shall exercise the authority of
Deputy Fire Chief while performing these professional services.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY shall pay MANAGER the sum of
$12,335.00 per month. It is anticipated that MANAGER will work a temporary, full-
S DE/ed [Reichardt PmtSvesAg]
2004-365
time schedule, not to exceed 960 hours, for a total of six months.
TERM.
The term of this Agreement shall be for a period of six months, commencing November 16,
2004, or 960 hours, whichever occurs first, unless previously modified, amended, or cancelled by
the written mutual consent of the parties. The duration of this contract may be extended with the
written consent of both parties.
4. BENEFITS.
MANAGER shall be entitled to accrue vacation and holiday leave at the rate received by Fire
Safety Management employees, however, MANAGER shall not be entitled to any other benefits
received by Fire Safety Management employees other than the aforesaid leave accruals.
5. TERMINATION.
Under the terms of this Agreement, MANAGER serves as an "at will' employee and may
be terminated at any time, with or without cause, and MANAGER may resign at any time. Nothing
in this Agreement shall be construed as creating any vested right in such employment with the CITY.
NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United States
Postal Service, postage prepaid and addressed as follows:
TO THE CITY San Bernardino Fire Department
200 E. Third Street
San Bernardino, California 92410
Fax (909) 384-5281
TO THE MANAGER Dennis Reichardt
3725 Canyon Terrace Drive
San Bernardino, California 92407
SDE/ed [Reichardt. ProfSvcsAg]
2004-365
Either party may change their address for receipt of written notice by so notifying the other
party in writing.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties. Any correspondence,
letters, documents, or discussions leading up to this Agreement or in any other way made between
the parties or their agents are replaced and superseded by this Agreement.
8. GOVERNING LAW.
This Agreement shall be enforced and interpreted under the laws of the State of California.
9. ATTORNEY'S FEES.
In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees. The cost, salary, and expenses of the City Attorney and members of his/her office
in enforcing this contract on behalf of the CITY shall be considered "attorney's fees" for the
purposes of this paragraph.
10. SEVERABILITY.
If any portion of this Agreement is held to be invalid by a court of law, such provision shall
be considered severable, and the remainder of this Agreement or any provision hereof shall not be
affected.
11. WAIVER.
Failure of their party to enforce any provision of this Agreement shall not constitute a waiver
of the right to compel enforcement of the remaining provisions of this Agreement.
12. AMENDMENT.
This Agreement may be amended at any time by a written instrument signed by both parties
SDE/edlReichardt. ProtSvcsAg]
2004-365
hereto.
13. ASSIGNMENT.
CITY.
This Agreement shall not be assigned by MANAGER without prior written consent of the
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date first above written.
Date:yN"u..6,✓ zo , 2004 Dennis Reichardt
C �' U j ,
Date: JJ0NW02o- IC , 2004
B)
ATTEST:
6el1AaLaik)
Rachel Clark, City Clerk
'"" "".
,� i C� G�� C��G�.�'►'� RJR � ' l4
J APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN, City Attorney
By: 7.G
0
SDE/ed[Reichudt. ProfSvcsAg]
City of San Bernardino