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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the City of San Bernardino
to execute a Temporary Employment Agreement
between the City of San Bernardino and Donald
Dept: Fire Feser for the position of Disaster Coordinator.
Date: March 13, 2008 MC/C Meeting Date: March 17, 2008
Synopsis of Previous Council Action:
RECOMMENDATION:
Adopt resolution.
Signature
Contact Person: Michael J. Conrad, Fire Chief Phone: 384-5286
Supporting data attached: Staff Report, Resolution, and Agreement Ward: Citywide
FUNDING REQUIREMENTS: Amount: $
Source:(Acct. No.)
(Acct. Descr.)
Finance:
Council Notes: end Z C�O
Agenda Item No.
if�
STAFF REPORT
SUBJECT
Resolution authorizing the City of San Bernardino to execute a Temporary Employment
Agreement between the City of San Bernardino and Donald Feser for the position of
Disaster Coordinator.
BACKGROUND
As the number and complexity of the Fire Department responsibilities continues to
increase, an adjustment in staffing at the administrative level needs to occur. The Fire
Department's current practice of hiring civilian Disaster Management Coordinators is
becoming increasingly challenging. The post 9/1 land Katrina environment has become
extremely challenging in the Disaster Management arena, especially in more recent years
as public and political scrutiny of local jurisdictions' response to disasters has increased
substantially. In addition, our City was recently included in the Urban Area Security
Initiative (UASI) opening up the possibility of new grants with an expectation that we are
protecting our City from potential terrorist activities. The UASI creates a tremendous
new workload in grant writing, program management, and coordination with our partner
cities of Riverside and Ontario.
In order to immediately ensure the city's effectiveness in the short term and during future
large scale emergencies, the Fire Department is proposing to fill the position of Disaster
Coordinator through a Temporary Employment Agreement. The term of this agreement is
from mid March until the end of this fiscal year with a renewal clause thereafter, and with
the hours worked in such position limited to 1,000 hours per fiscal year so as to comply
with PERS requirements regarding temporary employees. The Fire Department has an
immediate need to place someone in this position who is prepared to represent the City's
interests and who can manage this program for the short term.
Mr. Feser is uniquely qualified to serve as the City's Disaster Management Coordinator.
He has 34 years of emergency management experience with his last position being the
Fire Chief for the Angeles National Forest. He is a qualified Type 1 Incident Commander
and has managed major wildland fire incidents nationwide. In addition, his management
team was assigned in 2005 to hurricane recovery for hurricanes Rita and Dennis in Texas
and Alabama. He served as a member of the Disaster Preparedness and Response
Services Group in Los Angeles where he represented the Federal Executive Board.
Through his emergency response background, Mr. Feser has worked closely with EOCs
from agencies around the country. He is exceptionally well prepared to deal with the
Federal grant system as it pertains to emergency operations and has worked for years
within the mutual aid system in the State of California. As a professional Fire/Emergency
manager, Mr. Feser's skills will be invaluable to the City's disaster preparations and
emergency response capabilities.
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By filling the Disaster Management Coordinator position through this agreement, it gives
the Fire Department the opportunity to work through the approval process of upgrading
and eventually filling the position on a permanent, full time basis at a level appropriate to
attract and retain a person capable of managing the Disaster Management job in addition
to the new Airport Operations program.
FINANCIAL IMPACT
Included in the FY 2007-2008 adopted Fire Department Budget is the funding for the
Disaster Management Coordinator position. As the position has been vacant since
December 2007, Fire is requesting authorization to hire Donald Feser on a Temporary
Employment Agreement, to fill the vacant position. The monthly cost for services is
$9,500 per month without benefits.
Funding is available in personnel services savings (account #001-206-50XX, salaries &
benefits) to hire Donald Feser as a temporary employee. The position will need to be
funded through the Salaries Temporary/Part Time (account #001-206-5014) until June
30, 2008.
RECOMMENDATION
Adopt resolution.
2
C (OPY
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COM'TNION COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TEMPORARY
4 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
5 AND DONALD FESER FOR THE POSITION OF DISASTER COORDINATOR.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager is hereby authorized and directed to execute on
9 behalf of the City a Temporary Employment Agreement between the City of San
10 Bernardino and Donald Feser for the position of Disaster Coordinator, a copy of which is
11 attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as
12 though set fort at length.
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SECTION 2. The authorization to execute the above-referenced Temporary
14
Employment Agreement granted hereunder shall expire and be void and of no further
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16 effect if the agreement is not executed by both parties and returned to the Office of the
17 City Clerk within sixty(60) days following the effective date of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TEMPORARY
2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
3 AND DONALD FESER FOR THE POSITION OF DISASTER COORDINATOR.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5
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Mayor and Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2008, by the following vote, to
8 wit:
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
13 BRINKER
14 DERRY
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19 Rachel G. Clark, City Clerk
City of San Bernardino
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21 The foregoing Resolution is hereby approved this day of 12008.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to form:
26 JAM F. PENMAN, City Attorney
27 By:
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2
l TEMPORARY EMPLOYMENT AGREEMENT
2 THIS AGREEMENT made and entered into this 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,
10 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
11 1. SCOPE OF SERVICES.
12 For the remuneration stipulated, FESER shall provide the following professional services:
13 a. Under the direct supervision of the Fire Chief, administer and coordinate the
14 activities of the Disaster Preparedness Program. FESER shall also consult with and
15 advise the administrative staff on matters relating to the City Disaster Preparedness
16 Program.
17 b. FESER shall be responsible for administering the Urban Area Security Initiative
18 (UASI) program for the City including the grant application and coordination
19 between the City and other participating entities.
20 C. FESER shall coordinate the MMRS Grant and the Golden Guardian Exercise.
21 2. COMPENSATION AND EXPENSES.
22 a. For the services delineated above,the CITY shall pay FESER the sum of$55.00 per
23 hour worked. The monies paid to FESER over a single fiscal year shall not exceed
24 $33,000. FESER shall not be entitled to any compensation, leave accruals,
25 retirement or other benefits beyond the aforementioned hourly rate of pay.
26 3. TERM.
27 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 i
I 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:
14 TO THE CITY: San Bernardino Fire Department
200 E. Third Street
15 San Bernardino, CA 92410
Fax 909-388-5281
16 TO FESER: Donald Feser
878 W. Buffington Street
17 Upland, CA 91784
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.
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1 9. ATTORNEY'S FEES.
2 In any litigation relating to this Agreement,the prevailing party shall be entitled to reasonable
3 attorney fees. The cost, salary, and expenses of the City Attorney and members of his/her office in
4 enforcing this contract on behalf of the CITY shall be considered "attorney's fees" for the purposes
5 of this paragraph.
6 10. SEVERABILITY.
7 If any portion of this Agreement is held to be invalid by a court of law, such provision shall
8 be considered severable, and the remainder of this Agreement or any provision hereof shall not be
9 affected.
10 H. WAIVER.
1 1 Failure of their party to enforce any provision of this Agreement shall not constitute a waiver
12 of the right to compel enforcement of the remaining provisions of this Agreement.
13 12. AMENDMENT.
14 This Agreement may be amended at any time by a written instrument signed by both parties
15 hereto.
16 13. ASSIGNMENT.
17 This Agreement shall not be assigned by FESER without prior written consent of the City.
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I IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2 date first above written.
3 Date: 2008 DONALD FESER
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5 By:
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7 Date: , 2008 CITY OF SAN BERNARDINO
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9 By:
10 Fred Wilson, City Manager
11 Approved as to Form:
12
13 By:
X4ies F. Penman
14 7y Attorney
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