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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: November 10, 2Q04
Subject: RESOLUTION 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
From: Fred Wilson, City Administrator
Dept: City Administrator's Office
ORIGINAL
Meeting Date: November 15, 2004
Synopsis of Previous Council Action:
Recommended motion:
Adopt resolution, and authorize the Director of Finance to amend the FY 2004-05
General Fund Budget as indicated in the staff report
(i~t~
Contact person: Fred Wilson
Phone: 384-5122
Supporting data attached: Resolution, Agreement
Ward: All
FUNDING REQUIREMENTS:
Amount: Not to exceed $74,100
Source: (Acct. No,) 001-201-5055
(Acct. Description) Fire Administration - other
professional services
Finance:
Council Notes:
'i2.c~ ~ LocA - 3(,S
/1 ,
Agenda Item No. 0(' (-)
/ / . I.:.) ,t) y'
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council 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
Backl!round:
With the departure of Deputy Fire Chief Brian Preciado, the Fire Department has
recommended that the City contract with former Deputy Fire Chief Dennis Reichardt to
assist with Department operations while a recruitment is conducted for the vacant
position.
The proposed Professional Services Agreement provides for Mr. Reichardt to work as
Fire Manager for a period not to exceed six months, or 960 hours, whichever occurs first.
Mr. Reichardt will assume the equivalent duties and responsibilities of the Deputy Fire
Chief position during this period.
Financial Impact:
The maximum cost to the City under this agreement would be $74,100 if Mr. Reichardt's
services are used for the full six month period allowed pursuant to the Agreement. Funds
are available in Account No. 001-092-5803 to cover this cost, because debt service
payments for the Verdemont Fire Station will be $96,200 less than was included in the
Preliminary Budget for this fiscal year.
As part of this action, the FY 2004-05 General Fund Budget will need to be amended to
reflect a reduction of $74,100 from Account No. 001-092-5803 (Salaries permanent/full
time) and an increase in that amount to Account No. 001-201-5505 (Other professional
services).
Recommendation:
Adopt resolution, and authorize the Director of Finance to amend the FY 2004-05
General Fund Budget as indicated in the staff report.
RESOiG~S
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT TO EMPLOY DENNIS REICHARDT ON A P ART-TIME BASIS FORA SIX
3 MONTH PERIOD, OR 960 HOURS, WHICHEVER OCCURS FIRST.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized to execute on behalf of said City an
7 Agreement with DENNIS REICHARDT to act as the Fire Department's Fire Manager on a part-
8 time basis not to exceed a six month period, or 960 hours, whichever occurs first. Said Agreement
9 is attached hereto, marked Exhibit "A," and incorporated herein by reference as fully as though
10 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 III
15 III
16 III
17 III
18 III
19 /II
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
SDE/ed [Reichardt.Res]
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT TO EMPLOY DENNIS REICHARDT ON A PART-TIME BASIS FOR A
3 SIX MONTH PERIOD, OR 960 HOURS, WHICHEVER OCCURS FIRST.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the day of
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
15
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
16
17
18 2004.
19
The foregoing Resolution is hereby approved this
day of
JUDITH VALLES, Mayor
20 City of San Bernardino
21 Approved as to form and
legal content:
22
23
24
25
26
27
28
JAMES F. PENMAN,
City Attorney
./~
SDE/ed [Reichardt.Res]
2
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this _ day of , 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. ProfSvcsAg]
time schedule, not to exceed 960 hours, for a total of six months.
3. 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.
6. 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[ReichardI.ProfS vcsAg]
2
Either party may change their address for receipt of written notice by so notifYing the other
party in writing.
7. 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
so E/ed [Reichardt. ProfSvcsAg]
3
hereto.
13. ASSIGNMENT.
This Agreement shall not be assigned by MANAGER without prior written consent of the
CITY.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date first above written.
Date:
,2004
Dennis Reichardt
By:
Date:
,2004
City of San Bernardino
By:
Judith Valles, Mayor
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN, City Attorney
1.f~
S DEled [Reichardt. ProfSvcsAg]
4
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
3M
November 17,2004
Dennis Reichardt
3725 Canyon Terrace Drive
San Bernardino, CA 92407
Dear Mr. Reichardt,
'l,c. 'S
At the Mayor and Common <;Ouncil meeting of November 15,2004, the City of San Bernardino
adopted Resolution 2004"284 - Resolution 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.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by January 14, 2005.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
ell?, e:l.(f[c :j(}.
MIchelle Taylor'
Senior Secretary
.,
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Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. ResDect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 23, 2004
TO:
Fred Wilson, City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-365 - Dennis Reichardt
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement to employ Dennis Reichardt on a part-time
basis for a six-month period, or 960 hours, whichever occurs first. The original agreement is on
file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11-1 S -CY~ Item #
Vote: Ayes I -'\ Nays-b
Change to motion to amend original documents 0
'L<;'" Resolution #
Abstain .-e--
Companion Resolutions
2.t:D4 - 3<o,S;
Absent ,8-
Null/V oid After: Coo days / l-' '-{ -oS
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
1\-\<;"-()l1
11- \(,,-0'1
1\- n-oL\
Reso. Log Updated:
Seal Impressed:
B-
-B-
Date Memo/Letter Sent for Signature:
15t Reminder Letter Sent:
(\rn-a4 Date Returned: i\-Z3'o<i
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes v" No
Yes No+.-
Yes NOL
Yes No /'
-
Yes No /
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0'" Facilities 0 Parks & Recreation 0
City Attorney 0' Finance if Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: 3
Notes:
Ready to File: _
Date:
Revised 12/18/03