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HomeMy WebLinkAbout26-City Administrator 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 ., (p--.. 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