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. CI. OF SAN BERNARD. - REQU"T FOR COUNCIL acfPoN
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From:
MARSHALL W. JULIAN
City Administrator
City Administrator
Su~~: AGREEMENT WITH GERALD M. NEWCOMBE
RELATIVE TO ASSUMING MANAGEMENT
OF FIRE DEPARTMENT DURING
RECRUITMENT/SELECTION PERIOD.
Dept:
Date:
December 12, 1989
Synopsis of Previous Council action:
Racommended motion:
Adopt resolution.
4-.Lg{j. t.,,;,
SI ture
Contact person: Marshall W. Julian
Supporting date attached: yes
Phone:
5122
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.)
IAcct. Descriotion)
Finance:
Council Notes:
75-0262
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Agenda Item NOc:J 1-
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2 RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH GERALD M. NEWCOMBE
TO ASSUME RESPONSIBILITY FOR THE OVERALL MANAGEMENT AND
OPERATION OF THE CITY OF SAN BERNARDINO FIRE DEPARTMENT DURING
THE PERIOD OF RECRUITMENT AND SELECTION PROCESS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed
9 to execute on behalf of said City an Agreement with Gerald M.
10 Newcombe to assume responsibility for the overall management and
11 operation of the city of San Bernardino Fire Department during
12 the period of recruitment and selection process, which agreement
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13 is attached hereto, marked Exhibit "A", and incorporated herein
14 by reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above
17 referenced agreement is rescinded if the parties to the
18 agreement fail to execute it within sixty (60) days of the
19 passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
22 adopted by the Mayor and Common Council of the City of San
23 Bernardino at a
meeting thereof, held on the
24 day of
25 to wit:
, 1989, by the following vote
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RESOLUTION OF THE!TY OF SAN BER~RDINO ENTERING INTO AN
AGREEMENT WITH GE D M. NEWCOMB~ ASSUME RESPONSIBILITY
FOR OVERALL MANAGE ENT OF THE FIRE DEPARTMENT.
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AYES:
NAYS:
ABSENT:
City Clerk
'I'hc, for,"goi ng resollll:ircn is hereby a ,.)pnwe'l thi E:
._________ Cl'lY of _______.__ :,':89.
;.;;:--~liOJ.c-mno, 11ilYOt:---_.n.
City of San Bc,!'nardino
Approved as to form
and legal content:
JAME&,F. PENMAN
City Attorney
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A G R E E MEN T
San Bernardino Fire Department
Acting Chief Engineer
THIS AGREEMENT is made and entered into this 18th day of
December, 1989, by and between the CITY OF SAN BERNARDINO,
hereinafter called "CITY," and GERALD M. NEWCOMBE, hereinafter
called "CONSULTANT."
RECITALS
1. The purpose of this Agreement is to permit CITY to
engage the services of a qualified professional to assume
responsibility for the overall management and operation of the
City of San Bernardino Fire Department during the period of
recrui tment of a new Chief Engineer and to assist CITY in the
recruitment and selection process.
2. CONSULTANT has experience and expertise in the
management and operation of the City of San Bernardino Fire
Department.
TERMS AND CONDITIONS
1. General. For and in consideration of the compensation
and covenants herein agreed to be performed by CITY and
CONSULTANT, CITY retains CONSULTANT and CONSULTANT accepts the
position of Acting Chief Engineer of the City of San Bernardino
Fire Department.
2. Term. This Agreement shall commence as of the day and
year first above written and shall remain in full force and
effect for a period of ninety (90) days from said date unless
sooner terminated as provided herein. Thereafter, this Agreement
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may be extended n a month-to-month basis until a permanent Chief
Engineer is appointed and takes office.
3. Duties of Consultant. CONSULTANT shall assume
responsibility for the overall management and operation of the
City of San Bernardino Fire Department and assist CITY in
recruitment and selection of a new Chief Engineer. CONSULTANT
covenants that he will exercise his best professional skill and
judgment in furthering the interests of CITY.
4. Consultant's Professional Status. CONSULTANT shall be
at all times herein an independent contractor and not an employee
or agent of CITY.
5. Compensation. In consideration for the services to be
performed hereunder, CITY shall pay to CONSULTANT the monthly
equivalent of the rate of pay established for the position of
Chief Engineer pursuant to Charter Section 186. Said monthly
rate shall be considered full and complete compensation for
services rendered hereunder, including ordinary expenses of
employment. CONSULTANT shall receive no additional employee
benefits, except as may be otherwise herein provided. CONSULTANT
shall be paid in accordance with CITY's standard payroll
schedule. CONSULTANT shall submit timesheets for each payroll,
which shall be subject to approval by the City Administrator.
6. Expenses. CONSULTANT shall be entitled to incur
miscellaneous extraordinary business expenses in accordance with
authorized City policies, with prior approval by the City
Administrator, and shall be reimbursed therefor by CITY.
7. Ownership of Documents. All studies, papers, files,
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contracts, reports and other such documents prepared or developed
by CONSULTANT in accordance with this Agreement shall remain the
property of CITY.
8.
Hours of Performance.
CONSULTANT shall devote a
minimum of 173 hours per month in the performance of his duties
hereunder, generally to be 7:30 a.m. to 4:30 p.m., Mondays
through Fridays. Notwithstanding the foregoing, CONSULTANT shall
devote all additional hours necessary to insure adequate
performance hereunder.
9. Compliance with Laws. The parties agree to be bound by
applicable Federal, State and local laws, regulations and
directives as they pertain to the performance of this Agreement.
10. Conflict of Interest.
CONSULTANT shall be free to
accept other consulting assignments during the periOd of this
Agreement which do not conflict with the interests served by this
Agreement, in accordance with such terms as may be agreed upon by
CONSULTANT and the City Administrator.
All time expended by
CONSULTANT on other consulting projects, which result in time
away from his duties as Acting Chief Engineer, shall result in a
reduction in compensation.
Said reduction shall be computed
based on the hourly rate determined by dividing the monthly rate
of pay by 173 hours, and shall be authorized by the City
Administrator.
11. Severability.
In the event that any covenant,
condition or other provision herein contained is held to be
invalid, void or illegal by any court of competent jurisdiction,
! it shall be deemed severed from the remainder of this Agreement
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and shall in no way affect, impair or invalidate any other
covenant, condition or provision contained herein. If any
covenant, condition or provision is deemed to be invalid due to
its scope or breadth, such covenant, condition or provision shall
be deemed valid to the extent of the scope or breadth permitted
by law.
12. Construction and Interpretation. This Agreement is to
be construed pursuant to the laws of the State of California and
the Charter and Ordinances of the City of San Bernardino. No
provision of this Agreement is to be interpreted or construed
against either party because that party or that party's legal
representative drafted such provision; this Agreement is to be
construed as if it were drafted by both parties hereto.
13. Entire Agreement. This Agreement supercedes any and
all other agreements, either oral or in writing, between the
parties hereto, and contains all the covenants and agreements
between the parties.
14. Amendment. This Agreement may be amended or modified
only by written agreement signed by both parties.
15. Waiver. No breach of any provision hereof can be
waived except in writing. Waiver of anyone breach of any
provision shall not be deemed to be a waiver of any other breach
of the same or any other provision hereof.
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16. Termination. This Agreement may be terminated by
either party by giving written notice at least thirty (30) days
prior to the effective date in the written notice. CONSULTANT
shall be entitled to compensation to the date of termination.
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17. .Assignability. The experience, skill and expertise of
CONSULTANT is of the essence of this Agreement. CONSULTANT shall
not assign (whether by assignment or novation) this agreement or
delegate his duties hereunder in whole or in part or any right or
interest hereunder without the prior written consent of CITY.
Any assignment or attempt to assign this Agreement without such
prior written consent or by operation of law shall constituted
cause for termination.
18. Notice. Notices required herein shall be presented in
person or by certified or registered U.S. Mail, as follows:
To CONSULTANT:
GERALD M. NEWCOMBE
272 East 34th Street
San Bernardino, California 92404
To CITY:
CITY OF SAN BERNARDINO
300 North "0" Street, 6th Floor
San Bernardino, California 92418
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Attention: Mayor W.R. Holcomb
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! AGREEMENT WITH GERALD M. NEWCOME TO ASSUME RESPONSIBILITY FOR
. OVERALL MANAGEMENT O.THE FIRE DEPAifENT .
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the say and year first above
shown.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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By: ~ --; I/f::;~
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CITY OF SAN BERNARDINO
By:
W. R. HOLCOMB, Mayor
CONSULTANT
By:
GERALD M. NEWCOMBE
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