HomeMy WebLinkAbout2004-2781
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RESOLUTION NO. 2004-278
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT TO EMPLOY ROBERT CURTIS ON A PART-
TIME BASIS FOR A ONE-YEAR PERIOD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized to execute on behalf of said City an
Agreement with Robert Curtis to act as the Police Department's Civilian Administrative
Manager on a part-time basis not to exceed a one-year period. Said Agreement is attached
hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at
length.
SECTION 2. The authorization to execute the above -referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60 days) of the passage
of this resolution.
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2004-278
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT TO EMPLOY ROBERT CURTIS ON A PART-
TIME BASIS FOR A ONE-YEAR PERIOD.
I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it. regular meeting thereof, held
on the 7th day of September , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLY _x
JOHNSON x
MCCAMMACK x
I R �i�Lc b
CITY CLERK
The foregoing Resolution is hereby approved this 91 day of I Spptember , 2004.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
Judith Valles, Mayor
City of San Bernardino
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2004-278
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 81h day of September, 2004, by and between Robert
Curtis, Civilian Administrative Manager ("MANAGER") and the City of San Bernardino
("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 part-time civilian administrative
manager to oversee the San Bernardino Police Department's overall budget and grant
proceedings; and
WHEREAS, the CITY desires to retain the services of Robert Curtis for the purpose of
providing budget and grant related services in matter affecting the Police Department and the
CITY.
WHEREAS, Robert Curtis possesses the professional skills and abilities to provide
those services for the Police Department and the CITY.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the MANAGER shall provide the following
professional services:
a. Under the direct supervision of the Police Department's Administrative Services
Captain, oversee all facets of the Police Department's budget to include taking
all actions necessary to prepare the Police Department's fiscal budget and
monitor and adjust that budget once ratified by the Mayor and Common
Council. "fhe MANAGER will also consult with and advise the administrative
staff on matters relating to the Police Department's fiscal budget.
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2004-278
EXHIBIT "A"
b. The MANAGER will be responsible for overseeing any existing Police
Department grants and will research the feasibility of obtaining additional grant
funds over the next fiscal year.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY shall pay the MANAGER the sum
of $62.22 per hour or the prevailing hourly wage of a Police Captain, whichever
is higher. The monies paid to the MANAGER over a single fiscal year shall not
exceed $50,000. It is anticipated that the MANAGER will work a weekly
flexible schedule for a total of 47 weeks out of the fiscal year.
b. During the course of the MANAGER's work related duties, he will be required
to travel to different meetings and functions. On those occasions, the
MANAGER will be authorized to use vehicles provided to him by the Police
Department.
C. The MANAGER will submit monthly invoices to the Police Department's
Administrative Services Captain or his designee, who will review, approve, and
then forward to the City Finance Department for a request for payment. The
City Finance Department will begin payments only after receiving a complete
W-9 form and a copy of the MANAGER's Social Security card.
3. TERM.
The term of this Agreement shall be for a period of one year, commencing September 8,
2004, and terminating on September 7, 2005, unless previously modified, amended, or
cancelled by the written mutual consent of the parties.
h]
2004-278
EXHIBIT "A"
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 may be extended with the written consent of both parties.
4. INDEPENDENT CONTRACTOR.
MANAGER at all times while performing under this Agreement is an independent
contractor and not an agent or employee of the CITY. CITY is not responsible for withholding,
and shall not withhold, FICA or taxes of any kind from any payments that are owed to
MANAGER. MANAGER shall not be entitled to workers' compensation insurance,
unemployment compensation, medical insurance, paid vacations, paid holidays, pension, profit
sharing, or Social Security on account of his work for the CITY under this Agreement. This
Agreement does not create the relationship of agent, servant, employee, partnership, or joint
venture between MANAGER and 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:
TO THE CITY San Bernardino Police Department
710 North `D' Street
San Bernardino CA 92401
Fax 909-388-4950
TO THE MANAGER Robert Curtis
7822 Bobcat Lane
Highland CA 92346
Either party may change their address for receipt of written notice by so notifying the
other party in writing.
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2004-278
EXHIBIT "A"
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.
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 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.
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2004-278
EXHIBIT "A"
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 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 Robert Curtis
By: �l77 (/ii
Date: , . %- , 2004 CAty of� an Bernardino
�
ATTEST:
"l_ "k
Rac el Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
.TAMES F. PENMAN, City Attorney
By:
Valles, Mayor
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