HomeMy WebLinkAbout2008-080
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RESOLUTION NO. 2008-80
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TEMPORARY
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONALD FESER FOR THE POSITION OF DISASTER COORDINATOR.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute on
behalf of the City a Temporary Employment Agreement between the City of San
Bernardino and Donald Feser for the position of Disaster Coordinator, a copy of which is
attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as
though set fort at length.
SECTION 2. The authorization to execute the above-referenced Temporary
Employment Agreement granted hereunder shall expire and be void and of no further
effect if the agreement is not executed by both parties and returned to the Office of the
City Clerk within sixty (60) days following the effective date of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TEMPORARY
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONALD FESER FOR THE POSITION OF DISASTER COORDINATOR.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Couneilofthe City of San Bernardino at a joint regular meeting
thereof, held on the 17 th day of March
, 2008, by the following vote, to
wit:
COUNCIL MEMBERS:
AYES
NAYS
ABST AIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
DERRY
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
~~ 6. UvJ-0
Rae el G. Clark, CIty Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this c:rhr- day of March , 2008.
~s~r
City of San Bernardino
Approved as to form:
F. PENMAN, City Attorney
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2008-80 ~ Oy~ 1f
TEMPORARY EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into this 17th day of March, 2008, by and between
the CITY OF SAN BERNARDINO ("CITY"), and DONALD FESER an individual ("FESER").
WITNESSETH:
WHEREAS, the City of San Bernardino Fire Department has a temporary need for the
services of a Disaster Coordinator during the recruitment process for the regular, full-time position,
and
WHEREAS, Donald Feser asserts he is competent, trained, and qualified for the position
of Disaster Coordinator in the Fire Department,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SCOPE OF SERVICES.
For the remuneration stipulated, FESER shall provide the following professional services:
a. Under the direct supervision of the Fire Chief, administer and coordinate the
activities of the Disaster Preparedness Program. FESER shall also consult with and
advise the administrative staff on matters relating to the City Disaster Preparedness
Program.
b. FESER shall be responsible for administering the Urban Area Security Initiative
(UASI) program for the City including the grant application and coordination
between the City and other participating entities.
c. FESER shall coordinate the MMRS Grant and the Golden Guardian Exercise.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY shall pay FESER the sum of$55.00 per
hour worked. The monies paid to FESER over a single fiscal year shall not exceed
$33,000. FESER shall not be entitled to any compensation, leave accruals,
retirement or other benefits beyond the aforementioned hourly rate of pay.
TERM.
The term of this Agreement shall be for a period of three and one half months commencing
28 March 17, 2008, and terminating on June 30, 2008, unless previously modified, amended, or
F:\EASLAND\Agreements\Feser. TempEmploymentAG. wpd
2008-80
1 cancelled by the written mutual consent of the parties. Such term of employment shall not exceed
2 1,000 hours within a fiscal year.
3 This Agreement may be terminated at any time by thirty (30) days written notice by either
4 party. The terms of this Agreement shall remain in force unless mutually amended. The duration
5 of this contract may be extended with the written consent of both parties.
6 4.
TERMINATION.
7 Under the terms of this employment, FESER serves as an "at will" temporary employee and
8 may be terminated at any time, with or without cause, and FESER may resign at any time. Nothing
9 in this Agreement shall be construed as creating any vested right in such employment or in
10 employment with the CITY.
11 5.
NOTICES.
12 Any notice to be given pursuant to this Agreement shall be deposited with the United States
13 Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
San Bernardino Fire Department
200 E. Third Street
San Bernardino, CA 92410
Fax 909-388-5281
Donald Feser
878 W. Buffington Street
Upland, CA 91784
TO FESER:
18 Either party may change their address for receipt of written notice by so notifying the other
19 party in writing.
20 6.
ENTIRE AGREEMENT.
21 This Agreement contains the entire agreement between the parties. Any correspondence,
22 letters, documents, or discussions leading up to this Agreement or in any other way made between
23 the parties or their agents are replaced and superseded by this Agreement.
24 7.
COMPLIANCE WITH LAWS.
25 The parties hereto shall comply with applicable laws of the United States of America, the
26 State of California, and all other applicable laws.
27 8.
GOVERNING LAW.
28 This Agreement shall be enforced and interpreted under the laws of the State of California.
F:\EASLAND\Agreements\Feser. TempEmploymentAG. wpd 2
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2008-80
9. ATTORNEY'S FEES.
In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable
attorney 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.
1 O. 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
14
15 hereto.
16 13.
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18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
ASSIGNMENT.
This Agreement shall not be assigned by FESER without prior written consent of the City.
F:\EASLAND\Agreements\Feser. TempEmploymentAG. wpd 3
2008-80
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date first above written.
3 Date: , 2008
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7 Date: , 2008
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11 Approved as to Form:
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F:\EASLAND\Agreements\Feser. TempEmploymentAG. wpd 4
DONALD FESER
By:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
. .
2008-80
1 TEMPORARY EMPLOYMENT AGREEMENT
2 THIS AGREEMENT made and entered into this 17th day of March, 2008, by and between
3 the CITY OF SAN BERNARDINO ("CITY"), and DONALD FESER an individual ("FESER").
4 WITNESSETH:
5 WHEREAS, the City of San Bernardino Fire Department has a temporary need for the
6 services of a Disaster Coordinator during the recruitment process for the regular, full-time position,
7 and
8 WHEREAS, Donald Feser asserts he is competent, trained, and qualified for the position
9 of Disaster Coordinator in the Fire Department,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SCOPE OF SERVICES.
For the remuneration stipulated, FESER shall provide the following professional services:
a. Under the direct supervision of the Fire Chief, administer and coordinate the
activities of the Disaster Preparedness Program. FESER shall also consult with and
advise the administrative staff on matters relating to the City Disaster Preparedness
Program.
b. FESER shall be responsible for administering the Urban Area Security Initiative
(UASI) program for the City including the grant application and coordination
between the City and other participating entities.
c. FESER shall coordinate the MMRS Grant and the Golden Guardian Exercise.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY shall pay FESER the sum of$55.00 per
hour worked. The monies paid to FESER over a single fiscal year shall not exceed
$33,000. FESER shall not be entitled to any compensation, leave accruals,
retirement or other benefits beyond the aforementioned hourly rate of pay.
TERM.
The term of this Agreement shall be for a period of three and one half months commencing
28 March 17, 2008, and terminating on June 30, 2008, unless previously modified, amended, or
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F:\EASLAND\Agreements\Feser. TempEmploymentAG. wpd
2008-80
1 cancelled by the written mutual consent of the parties. Such term of employment shall not exceed
2 1,000 hours within a fiscal year.
3 This Agreement may be terminated at any time by thirty (30) days written notice by either
4 party. The terms of this Agreement shall remain in force unless mutually amended. The duration
5 of this contract may be extended with the written consent of both parties.
6 4.
TERMINATION.
7 Under the terms of this employment, FESER serves as an "at will" temporary employee and
8 may be terminated at any time, with or without cause, and FESER may resign at any time. Nothing
9 in this Agreement shall be construed as creating any vested right in such employment or in
10 employment with the CITY.
11 5.
NOTICES.
12 Any notice to be given pursuant to this Agreement shall be deposited with the United States
13 Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
San Bernardino Fire Department
200 E. Third Street
San Bernardino, CA 92410
Fax 909-388-5281
Donald Feser
878 W. Buffington Street
Upland, CA 91784
TO FESER:
18 Either party may change their address for receipt of written notice by so notifying the other
19 party in writing.
20 6.
ENTIRE AGREEMENT.
21 This Agreement contains the entire agreement between the parties. Any correspondence,
22 letters, documents, or discussions leading up to this Agreement or in any other way made between
23 the parties or their agents are replaced and superseded by this Agreement.
24 7.
COMPLIANCE WITH LAWS.
25 The parties hereto shall comply with applicable laws of the United States of America, the
26 State of California, and all other applicable laws.
27 8.
GOVERNING LAW.
28 This Agreement shall be enforced and interpreted under the laws of the State of California.
F:\EASLAND\Agreements\Feser. T empEmploymentAG. wpd 2
. '
2008-80
9. ATTORNEY'S FEES.
In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable
attorney 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
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15 hereto.
16 13.
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18 III
19 III
20 III
21 III
22 I I I
23 III
24 III
25 III
26 III
27 III
28 III
ASSIGNMENT.
This Agreement shall not be assigned by FESER without prior written consent of the City.
F:\EASLAND\Agreements\Feser. TempEmploymentAG. wpd 3
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2008-80
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date first above written.
3 Date:U~ ;;>V ,2008
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7 Date: ///~~ /l,2008
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11 Approved as to Form:
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F:\EASLAND\Agreements\F eser. TempEmploymentAG. wpd 4
DONALD FESER
B~
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By:
Fr