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HomeMy WebLinkAboutContracts & Agreements_194-2010_CCv0001.pdf EMPLOYMENT AGREEMENT This employment agreement ("Agreement") is made and entered into this 23"d day of December, 2010 ("Effective Date"), by and between the City of Redlands ("City") and James R. Bueermann ("Bueermann"). City and Bueermann are sometimes individually referred to herein as a"Party" and, together, as the"Parties." RECITALS WHEREAS, City desires the continued services of Bueermann in order to retain his experience, abilities and knowledge, and is therefore agreeing to engage his services as City's Chief of Police under the terms and conditions set forth below; and WHEREAS, Bueermann desires to continue in the employ of City and is willing to do so under the terms and conditions set forth below; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and James R. Bueermann agree as follows: AGREEMENT I. TERM OF EMPLOYMENT. Subject to earlier termination as provided for in this Agreement, Bueermann shall be employed by the City for a term beginning December 31, 2010, and ending on June 30, 2011. 2. DUTIES AND AUTHORITY. City shall employ Bueermann as Chief of Police, and Bueermann shall be vested with full power and authority to manage and conduct all the business of the Redlands Police Department as provided for by state statutory law and the Redlands Municipal Code. City and Bueermann acknowledge that the rights and obligations set forth in Government Code section 3300 et seq. are fully applicable to Bueermann's employment as City's Chief of Police. 3. REASONABLE TIME AND EFFORT. During his employment, Bueermann shall devote such time, interest and effort to the performance of this Agreement as may be fairly and reasonably necessary. However, absent emergencies or exceptional circumstances, it is agreed by the Parties that Bueermann shall be reasonably expected to devote thirty-six (36) hours weekly to the performance of his duties. In no event shall Bueermann work more than nine hundred sixty (960) hours in any City fiscal year during the term of Bueermann's employment. 4. SALARY. During the term of his employment, City agrees to pay Bueermann at an hourly rate of One Hundred and Four Dollars ($104.00), payable in bi-weekly installments and subject to all applicable withholdings and deductions. Such payments shall be made by City only for actual hours worked by Bueermann. The Chief of Police position is FLSA-exempt, therefore. Bueermann shall not receive overtime payments or compensatory time if, on occasion, Bueermann should work more than forty(40) hours per week. I:Ica�djtntAgreeinents'Ei-nployment Agreements Bueennantremployment agmt. 12-16-10,'.doc - I - 5. ADDITIONAL BENEFITS. City shall provide Bucermann with City-owned computers and electronic devices, and a City-owned phone for use in connection with Bueermann's performance of his duties and obligation as Chief of Police. Except as otherwise provided for in this Agreement, during his employment term, Bueermann shall not be entitled to receive any other benefits of employment generally available to City's other executive or managerial employees. 6. AUTOMOBILE AND AUTOMOBILE INSURANCE. A. City recognizes that Bueermann's duties as Chief of Police may require extensive use of an automobile in the normal course of conducting City's business. City therefore agrees to provide Bueermann with a City-owned automobile for use in conducting the business of City during the term of Bueermann's employment, and for "de minimus" personal use within the City of Redlands and the City's immediate surrounding environs. City shall be responsible for maintaining and paying for liability insurance or self-insurance as required by state law for the City-owned automobile, and for all operating, maintenance and repair costs for the City-owned automobile. B. Bueermann may garage the City-owned vehicle at Bueermann's personal residence. During periods of Bueermann's absence from the work site such as sick leave, vacations and any similar extended absences, the vehicle shall be garaged at the Police Department of City, or at such other designated location as may be directed by the City Manager of City. 7. EXPENSE REIMBURSEMENT. During the term of his employment, City shall reimburse Bueermann for reasonable business expenses, including travel, parking, business meetings and professional dues associated with maintaining membership in law enforcement related professional organizations. S. ATTENDANCE AT CONFERENCES AND SEMINARS. City recognizes that its standing in the municipal/law enforcement profession, the level of expertise of its Police personnel and its provision of law enforcement services to the community, are enhanced by virtue of Bueermann's participation in and attendance at a variety of law enforcement related conferences and seminars which shall occur periodically during the term of his employment. Therefore, with the prior approval of the City Manager of City, Bueermann shall be afforded compensated leave to attend such conferences during the term of his employment and shall be reimbursed for related expenditures pursuant to applicable City policies. 9. INDEMNIFICATION BY CITY. City shall, to the maximum extent permitted by the law, indemnify and hold Bueermann harmless for any acts or decisions made by him in the course and scope of his employment. To the same extent, City will pay and advance all expenses, including reasonable attorneys' fees and costs of court actually and necessarily incurred by City in connection with the defense of any action, suit or proceeding which may be brought against Bueermann by reason of his performance of services, and in the course and scope of his employment, as an officer or agent of the City. 1:',cadjm',Agreements�'Employment Agreements\Bueertnann,eiiiployment agmt, 12-16-1 O.',doc -2- 10. TERMINATION OF AGREEMENT. City may terminate Bueermann's employment with or without cause, by providing Bueermann with three (3) days prior written notice of the same. Bueermann may terminate this Agreement by giving City thirty (30) days prior written notice. Unless otherwise agreed to by the Parties, termination of employment shall result in no post-termination compensation being paid to Bueermann. 11. NOTICES. Any notices required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed personally served upon a Party if sent by United States Postal Service, first-class postage prepaid, and addressed as follows: If to City: City Manager If to Bueermann: James R. Bueermann City of Redlands P.O. Box 3005, Redlands, CA 92373 Redlands, CA 92373-1505 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 12. ENTIRE AGREEMENT. This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof. 13. AMENDMENT: This Agreement cannot be modified or supplemented orally. If may be modified or superseded only by a written instrument executed by the Parties. 14. GOVERNING LAW. The validity of this Agreement and any of the terms or provision, as well as the rights and duties of the Parties, shall be governed by the Laws of the State of California, and venue for any action concerning the same shall be in the Superior Court of the County of San Bernardino. 15. ASSIGNMENT. Neither this Agreement nor any of the duties or obligations hereunder shall be assignable by Bueermann. IN WITNESS HEREOF, the Parties have caused this Agreement to be executed and effective as of its Effective Date. EMPLOYEE CITY EDL DS B4JamR. B -- Bueermann . Enri a artinez, anager L`ca\djmtAgreements,Employment Agreements�Bueermann.employment agmt. 12-16-10.'.doc -3- � r f Office of the DanCiielJt AttornMcHu�h cr - y City Attorney Michael Reiter City of Redlands Assistant City Attorney MEMORANDUM TO: CITY CLERK FROM: SHERI A. SEBASTIAN LEGAL SECRETARY DATE: DECEMBER 23, 2010 RE: EMPLOYMENT AGREEMENT-JAMES R. BUEERMANN Sam: Attached please find an original executed Employment Agreement with James R. Bueermann for your files. Should you have any questions regarding this matter, please feel free to contact me. SHERI A. SEBASTIAN Attachment P.O. Box 3005 • Redlands, CA 92373 • (909) 798-7595 • FAX (909) 798-7503 L\caTegal Secretary'lMemosf2010�rnemo_city clerk.bueermann emptoyemntcontract..doc