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HomeMy WebLinkAbout20-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Fire Subject: Resolution authorizing the City of San Bernardino to execute a new Temporary Employment Agreement between the City of San Bernardino and Donald Feser for the position of Disaster Coordinator. Orom: Michael J. Conrad, Fire Chief Date: July 18,2008 MC/C Meeting Date: August 4, 2008 Synopsis of Previous Council Action: 03/17/08 Resolution #2008-80: 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. RECOMMENDATION: Odopt resolution. ;J1t.U 1- C~ - e SIgnature Contact Person: Michael 1. Conrad. Fire Chief Phone: 384-5286 Supporting data attached: StaffReoort. Resolution. and Agreement Ward: Citywide FUNDING REQUIREMENTS: Amount: $9.500.00 monthlv Source: 001-206-5014 TemoorarvlPart Time Salaries Finance: Council Notes: o Agenda Item No. :J() r- c(-()f(" "..' " o STAFF REPORT SUBJECT Resolution authorizing the City of San Bernardino to execute a new Temporary Employment Agreement between the City of San Bemardino and Donald Feser for the position of Disaster Coordinator. BACKGROUND Fire is requesting authorization to extend Donald Feser's temporary employment agreement with the City of San Bemardino Fire Department. Donald Feser was hired March I, 2008 to fill the vacant Disaster Management Coordinator position. This position is responsible for planning, developing, implementing and maintaining the City's Disaster Management Program including preparedness, response, recovery and mitigation to all types of emergencies and disasters. In addition, coordinates, prepares and manages Fire's grant programs. o Currently, Mr. Feser is developing and coordinating the Urban Area Security Initiative (UAS!) program. The Department of Homeland Security (DHS) designated the City of San Bemardino as a high-threat urban area, meaning that the City of San Bemardino can compete with other regions for DHS funds earmarked for the UASI. UASI funds address the unique multi-discipline planning, operations, equipment, training and exercise needs of high-threat, high-density urban areas, and help them prevent, protect against, respond to and recover from acts of terrorism. Although the primary thrust was directed towards acts of terrorism, the benefits are applicable to other types of incidents within the all- hazard spectrum. This program is a full-time commitment from the city and at this time Donald Feser is the city's liaison to accomplish the submittal and implementation for the city. On June 30, 2008, the agreement with Donald Feser for temporary employment expired. Therefore, Fire is requesting approval to enter into a new temporary employment agreement, from July 1, 2008 through December 31, 2008. Or, until the city hires a permanent Disaster Management Coordinator. The agreement provides that Donald Feser serves as an "at will" temporary employee and may be terminated at any time, with or without cause. The new agreement will be retroactive to July I, 2008 for compensation to Donald Feser. Also, the hours worked in such position limited to 1,000 hours per fiscal year so as to comply with PERS requirements regarding temporary employees. FINANCIAL IMPACT o Included in the preliminary FY 2008-2009 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 extend the Temporary Employment I o o o n... Agreement with Don Feser. 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 December 30, 2008. RECOMMENDATION Adopt resolution. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW 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 new 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 term of the Agreement is from July 1, 2008 through December 31,2008; therefore, any action taken between July 1, 2008 and the date that the agreement is executed is hereby ratified. SECTION 3. 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. IIII IIII IIII IIII IIII ::#20 Og-04-Dr( 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW 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 Council of the City of San Bernardino at a thereof, held on the day of meeting , 2008, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk City of San Bernardino The foregoing Resolution is hereby approved this day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: ~ ~.f... '- o 2 Exhibit "A" TEMWORARY EMPLOYMENT AGREEMENT TIllS AGREEMENT made and entered into this 1st day ofJuly, 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: 1. 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 (VAS!) 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. 2. COMWENSATION AND EXPENSES. a. For the services delineated above, the CITY shall pay FESER the sum of$55.00 per hour worked. FESER shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate of pay. 3. TERM. The term of this Agreement shall be for a period of six months commencing July 1, 2008, and terminating on December 31, 2008, unless previously modified, amended, or cancelled by the written mutual consent of the parties. Such term of employment shall not exceed 1,000 hours within \\DENALl\CAMARENA_NOIAGENDA ITEMS FY 08'()9\CONTRACT posmON.FESER.TEMPEMPWYMENT 7.17'()8 ORG.DOC a fiscal year. This Agreement may be t=inated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. TERMINATION. Under the terms of this employment, FESER serves as an "at will" temporary employee and may be terminated at any time, with or without cause, and FESER may resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such employment or in employment with the CITY. 5. 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: San Bemardino Fire Department 200 E. Third Street San Bernardino, CA 92410 Fax 909-388-5281 Donald Feser 878 W. Buffington Street Upland, CA 91784 Either party may change their address for receipt of written notice by so notifying the other TO THE CITY: TO FESER: party in writing. 6. 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. 7. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of the United States of America, the State of California, and all other applicable laws. \\DENALI\CAMARENA_NOIAGENDA ITEMS FY 08-09\CONTRACT posmoN-FESER.TEMPEMPLOYMENr 7-17-08 ORG.DOC 2 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 fees. The cost, salary, and expenses of the City Attorney and members ofhis/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. II. 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 hereto. 13. ASSIGNMENT. This Agreement shall not be assigned by FESER without prior written consent of the City. 1// /1/ /1/ /1/ 1// /1/ /1/ \\DENAllICAMARENA_NOIAGENDA ITEMS FY 08.o9\CONTRACT POSITION-FESER.TEMPEMPLOYMENT 7-17.08 ORG.DOC 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: ,2008 DONALD FESER By: Date: ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman City Attorney \\DENALl\CAMARENA_NOIAGENDA ITEMS FY OS-ll9\CONTRACT POSITION-FESER. TEMPEMPWYMENT 7-17-llS ORG.DOC 4 TEMPORARY EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this 1st day ofJuly, 2008, by and between the CITY OF SAN BERNARDINO ("CITY"), and DONALD FESER an individual ("FESER"). WITNESSETH: WHEREAS, the City of San Bemardino 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: 1. 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. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY shall pay FESER the sum of$55.00 per hour worked. FESER shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate of pay. 3. TERM. The term of this Agreement shall be for a period of six months commencing July 1, 2008, and terminating on December 31, 2008, unless previously modified, amended, or cancelled by the written mutual consent of the parties. Such term of employment shall not exceed 1,000 hours within \\DENALIlCAMARENA_NOIAGENDA ITEMS FY 08'()9\CONTRACr posmoN-FEsER.TEMPEMPWYMENT 7-17'()8 ORG.OOC a fiscal year. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this contract maybe extended with the written consent of both parties. 4. TERMINATION. Under the terms of this employment, FESER serves as an "at will" temporary employee and may be terminated at any time, with or without cause, and FESER may resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such employment or in employment with the CITY. 5. 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: 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 Either party may change their address for receipt of written notice by so notifying the other TO THE CITY: TO FESER: party in writing. 6. 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. 7. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws of the United States of America, the State of California, and all other applicable laws. \\DENALl\CAMARENA_NOIAGENDA ITEMS FY 08-09\CONTRACT POSITION-FESER.TEMPEMPLOYMENT 7-17-08 ORG.DOC 2 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 fees. The cost, salary, and expenses of the City Attorney and members ofhis/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 oflaw, 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 sha11 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 hereto. 13. ASSIGNMENT. This Agreement shall not be assigned by FESER without prior written consent of the City. 11/ 11/ 11/ 11/ 11/ 11/ 11/ \\DENALl\CAMARENA_NOIAGENDA ITEMS FY 08'()9\CONTRACT POSITION-FESER.TEMPEMPLOYMENT 7-17'()8 ORG.DOC 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: ,2008 DONALD FESER By: Date: ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: 7-.;L.. I\DENALI\CAMARENA_NOIAGENDA ITEMS FY OS.{)9ICONTRACf posmON-FESER.TEMPEMPWYMENT 7-17.{)S ORG.DOC 4