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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zinunon, Chief of Police Subject: Resolution of the City of San
_ . Bernardino authorizing the execution of an
\G\" \ "-l a?"eeme~lt to employ Robert. Curtis on a part-
00 ''I t\ trme basiS for a one-year penod.
Date: August 19,2004 I'
Dept: Police Department
Synopsis of Previous Council Action
None
Recommended Motion:
Adopt resolution.
Ml~OilEFOFPOIJCE
Contact person:
Captain Steve Klettenberg
Phone: 384-5606
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $50,000
Source: 001-211-5502
Finance
Council Notes:
~ ~ 2004--2.'l~
Agenda Item No.~
ql,l04
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
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.
BACKGROUND
Over the last ten years, the Police Department's Administrative Services Division has been
responsible for procuring over $25 million in state and federal grants. That money has been used
to fund police related hardware, technology, and personnel. Robert Curtis was responsible for
authoring all of those grants during his tenure as a police captain. There is a continuing need to
take advantage of every federal, state, and private grant opportunity that could benefit the Police
Department and the City of San Bernardino. As a part-time contract administrative manager,
Robert Curtis will be responsible for maintaining the existing grants as well as researching and
procuring additional grant funds as they become available.
The Police Department's current budget is over $47 million and it supports a workforce of just
under 500 personnel. A budget this large and complex requires constant expert oversight to
ensure the department is adequately funded and that funds are disbursed and used as intended.
Robert Curtis will assist the Administrative Services captain with all budget-related matters.
The contract term is for one year. Robert Curtis will work a flexible schedule each week for a
total of 47 weeks. He will be compensated at a rate commensurate with P-5 wages. The contract
is included with this documentation and listed as "Exhibit A."
FINANCIAL IMP ACT
$50,000 has been budgeted and placed in Account #001-211-5502 to fund this contract.
RECOMMENDATIONS
Adopt resolution.
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RESOLUTION NO.
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:
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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.
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SECTION 2.
The authorization to execute the above-referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60 days) of the passage
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT TO EMPLOY ROBERT CURTIS ON A PART-
2 TIME BASIS FOR A ONE-YEAR PERIOD.
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I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held
6 on the _ day of , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
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ESTRADA
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LONGVILLE
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MCGINNIS
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DERRY
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KELL Y
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JOHNSON
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MCCAMMACK
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CITY CLERK
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The foregoing Resolution is hereby approved this _ day of
,2004.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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EXHIBIT "A"
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 8th 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.
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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:
I. SCOPE OF SERVICES.
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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. The MANAGER will also consult with and advise the administrative
staff on matters relating to the Police Department's fiscal budget.
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EXHIBIT "K
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b.
The MANAGER will be responsible for overseemg any existing Police
Department grants and will research the feasibility of obtaining additional grant
funds over the next fiscal year.
2. COMPENSA nON 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
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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.
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EXHIBIT "K
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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. INDEPE"IDENT 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
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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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EXHIBIT '"A"
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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. GOVER.I\'ING LAW.
This Agreement shall be enforced and interpreted under the laws of the State of
California.
9. ATTORNEY'S FEES.
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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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EXHIBIT 'X'
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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 \witten.
Date:
,2004
Robert Curtis
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By:
Date:
,2004
City of San Bernardino
By:
Judith Valles, Mayor
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN, City Attorney
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. . CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
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September 10, 2004
Mr. Robert Curtis
7822 Bobcat Lane
Highland, CA 92346
Dear Mr. Curtis,
At the Mayor and Common Council meeting of September 7, 2004, the City of San Bernardino
adopted Resolution 2004-278 - Resolution authorizing the execution of an agreement to employ
Robert Curtis on a part-time basis for a one-year period.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by November 8, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
J) 1((.: L~/ (~ -:};r t._~
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Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
Interoffice Memorandwn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 14, 2004
TO:
Steve Klettenberg, Captain
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-278 - Robert Curtis
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement to employ Robert Curtis on a part-time basis
for a one-year period. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): <1- '"\-0'\ Item # 3\ Resolution # 'Z.CxA - 'l '12'
Vote: Ayes' -") Nays.e- Abstain -€Y Absent -€Y
Change to motion to amend original documents 0 Companion Resolutions
Null/V oid After: l.,a days /
Resolution # On Attachments: 0
PUBLISH 0
POST 0
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Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor: q -<1-()~
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned: q-I'-( -oy Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes ..,/ No By
Updated Prior Resolutions (Other Than Below): Yes NOL- By
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Yes No-..L- By
Updated CDC Personnel Folders (5557): Yes No---L- By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No / B
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney ~ Finance ~ Police Department ff
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: 3
Notes:
Ready to File: _
Date:
Revised 12/18/03