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ORIGINAL
aTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael Billdt, Interim Chief of Police
Dept: Police Department
Subject: Resolution of the Gty of San
Bernardino authorizing the execution of an
amendment to the professional selVices
agreement to employ Roben Gmis on a pan-
time basis in fiscal year 2005/06,
Date: February 28, 2006
Synopsis of Previous Council Action
7/18/05
Resolution # 2005-251, authorizing the execution of an agreement to employ Roben
Cunis on a part-time basis in fiscal year 2005/06,
Recommended Motion:
Adopt resolution,
~61tur
MIaIAEL BILLDT, INTERIM o-IIEF OF POllCE
Contact person:
Captain Steve Klettenberg
Phone: 384-5606
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $11,000
Source: 001-211-5502
Finance
Council Notes:
:J-fJ{)b -11
Agenda Item NO.J.!I.--
3/a.oJ Dh
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the City of San Bernardino authorizing the execution of an amendment to the
professional services agreement to employ Robert Curtis on a part-time basis in fiscal year
2005/06.
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.
On September 7.2004. the Mayor and City Council approved Resolution #2004-278. authorizing
the execution of a one-year agreement to employ Robert Curtis on a part-time basis as a civilian
administrative manager. In this capacity, he administered existing police grants and researched
and procured additional grant funds. The Police Department's current budget is over $50 million
and it supports a workforce of just under 500 personnel.
The agreement with Robert Curtis was renewed on September 8. 2005 for FY 2005/06 when the
Mayor and City Council approved Resolution #2005-251. The contract specifies that Robert
Curtis will work a flexible schedule each week for a total of approximately 666 hours over 43
weeks. He will be compensated at a rate of $60.00 per hour. The contract is included with this
documentation and listed as "Exhibit A."
In mid-January 2006. it became necessary to increase the hours that Robert Curtis worked. from
an average of 16 hours per week to 32 hours to provide additional administrative support for the
Police Department during Chief Garrett Zimmon's medical leave. During this time frame,
Robert Curtis was tasked with the following duties and responsibilities:
. Developing several proposals to increase police staffing.
. Completing staff work for a salary adjustment for police and fire dispatchers.
. Overseeing implementation of the new police officer hiring incentive plan.
. Reviewing policy and prol:edures utilized in the Alarm Unit.
. Working \vith the Mayor and City Administrator's Office to explore the
feasibility of implementing a Weed and Seed Grant program in the city.
. Continuing to focus on identifying and securing federal and state grants to fund
additional polil:c personneL technology and equipment.
Ihe Polil:e Department \\ill need to l:ontinue working Robert Curtis an average of 24 to 32 hours
per week for the remainder of FY 2005/06 to maintain the increased level of administrative
support. An additional $11.000 will need to be added to the professional services contract to
cover these additional work hours. The amendment to the professional services agreement is
included with this documentation and listed as "Exhibit 8."
FINANCIAL IMPACT
$11,000, pending budget transfer request, will be placed in Account #001-211-5502 to fund this
contract amendment.
RECOMMENDA nONS
Adopt resolution.
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT TO EMPLOY ROBERT Ct:RTIS ON A PART-TI!\IE BASIS IN
FISCAL YEAR 2005/06.
1
2 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AS FOLLOWS:
4
5
SECTIO:'\ 1. The Mayor is hereby authorized to execute on behalf of said City an
6
amendment to the Professional Services Agreement with Robert Curtis to act as the Police
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Department's Civilian Administrative Manager on a part-time basis in fiscal year 2005/06.
8
Said amendment is attached hereto, marked as Exhibit "B", and incorporated herein by
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reference as though set f0l1h at length.
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SECTION 2. The authorization to execute the above referenced amendment is
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rescinded if not issued within sixty (60) days of the passage of this resolution.
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RESOLl:TION NO.
RESOLLTIO!\' OF THE CITY OF SAN BER]';ARDI:\TO AUTHORIZING THE
EXECUTION OF AN AMEl\'DMENT TO THE PROFESSIONAL SERVICES
AGREEl\1El\'T TO EMPLOY ROBERT CCRTIS ON A PART-TIME BASIS 11\
FISCAL YEAR 2005/06.
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I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3
Common Council of the City of San Bernardino at a
meeting thereof,
4 held on the
~
6 Council Members:
ESTRADA
8 BAXTER
~ !\!CGli'<'NIS
_ v DERRY
KELLEY
-, } JOHNSON
13 MCCAl'vL\1ACK
- 1
-"
day of
, 2006, by the following vote, to wit:
AYES
NAYS
ABST AIN
ABSENT
15
Rachel G. Clark, City Clerk
=-6
The foregoing resolution is hereby approved this _ day of
,2006.
~ e
, ~
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form
and legal content:
~,
JA\;lES F. PENMA:\,
City A~torney
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i Bl"L -..:; ,COlllh:il Curtis contract dlllC'llJmclll Rc"iD iJ~-(Jb Joe
II
EXHIBIT "8"
FIRST AMENDMENT to
PROFESSIONAL SERVICES AGREEMENT between
ROBERT CURTIS and the CITY OF SAl\' BER.l\TARDI:\TO
COMPENSATION AND EXPENSES
A. Section 2. (a.) is amended to read:
For the services delineated above, the CITY shall pay the MANAGER the sum of
560.00 per hour. The monies paid to the MANAGER over a single fiscal year
shall not exceed 55 I ,000. It is anticipated that the MANAGER will work a
weekly t1exible schedule for a total of 43 weeks in fiscal year 2005/06.
All other terms and conditions will remain the same.
J~ WITNESS THEREOF, the parties hereto have executed this Amendment to
the Professional Services Agreement on this day and date.
Date:
,2006
Robert Curtis
By:
Date:
,2006
City of San Bernardino
By:
Patrick J. Manis, Mayor
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FOR1v1 AND
LEGAL CONTENT:
JAMES F. PENMAN. City Attorney
By: ~1'~ 1. ./~>1-..---?__
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EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 8th day of September, 2005, 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 matters 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 pa11ies hereto agree as follows:
I. 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. The MANAGER will also consult with and advise the administrative
staff on matters relating to the Police Department's fiscal budget.
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. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the CITY shall pay the MANAGER the sum
of $60.00 per hour. The monies paid to the MANAGER over a single fiscal
year shall not exceed $40,000. It is anticipated that the MANAGER will work a
weekly flexible schedule for a total of 43 weeks in fiscal year 2005/06.
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 fom1 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,
2005, and terminating on June 30, 2006, unless previously modified, amended, or cancelled by
the written mutual consent of the parties.
2
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.
3
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.
4
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: 5//7 ,2005 Robert Curtis
By: &'7ftJ;Wr
/
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Date: ! 1 ,2005 of S(in Bernardino
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By:
ATTEST:
l~h.~
Racn I Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN, City Attorney
Byr1!~
5
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
,.,
Meeting Date (Date Adopted): :7, }D ~D b Item #
Vote: Ayes -4 Nays
Change to motion to amend original documents 0
NulVVoid After: days /
Resolution # On Attachments: 0
PUBLISH 0
POST 0
. 'I ,O~
/0;
;)o{)6 -7 7
Resolution #
Abstain
Absent
Companion Resolutions
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature: '?J V,.[)
Date ofClerk/CDC Signature: "3/ ~ ~
Reso. Log Updated: .e(7
Seal Impressed: j3 /
Reso. # on Staff Report 0'
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: 0
~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
~/
o
o
Yes
Yes
Yes
Yes
N>--= By_
No By_
N<f~...' By_
NO~
No_ By_
Yes
EDA 0 Information Services 0
Facilities ~ Parks & Recreation ~
Finance Police Department
Fire Department 0 Public Services 0
Human Resources 0 Water Department 0
Notes:
Ready to File: _
Revised 12/18/03
Date:
r-r-CEnl~D-crn CLEi\!'
1\[. I v '-
CITY OF SAN BERNARDINQnOGM'R-4 tJ\I\:S3
Interoffice Mernorandum 1u
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 31, 2006
TO:
Captain Robert Curtis
Police Department
FROM:
Eileen Gomez, Senior Secretary
City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-77
At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino
adopted Resolution No. 2006-77 - Resolution authorizing the execution of an amendment to the
Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year
2005/06.
Attached are a copy of Resolution No. 2006-77, one (I) ORIGINAL first amendment and two
(2) duplicate original first amendments to the Professional Services Agreement between Robert
Curtis and the City of San Bernardino. Please obtain signatures in the appropriate locations and
return the ORIGINAL amendment and one (1) duplicate original amendment to the City Clerk's
Office to my attention as soon as possible. Please keep one (I) fully executed duplicate
amendment for your records.
Please be advised that the resolution and amendment will be null and void if not executed
within sixty (60) days, or by Thursday, May 18, 2006.
If you have any questions, please do not hesitate to contact me at ext. 3206. Have a blessed day!
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt ofthe above mentioned docurnents.
Signed: '~.HY~
.
Date: ~- ::5-06
Please sip IlIld return
.,
. .
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 31, 2006
YOUR COPY
TO:
Captain Robert Curtis
Police Department
FROM:
Eileen Gomez, Senior Secretary
City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-77
At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino
adopted Resolution No. 2006-77 - Resolution authorizing the execution of an amendment to the
Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year
2005/06.
Attached are a copy of Resolution No. 2006-77, one (1) ORIGINAL first amendment and two
(2) duplicate original first amendments to the Professional Services Agreement between Robert
Curtis and the City of San Bernardino. Please obtain signatures in the appropriate locations and
return the ORIGINAL amendment and one (1) duplicate original amendment to the City Clerk's
Office to my attention as soon as possible. Please keep one (1) fully executed duplicate
amendment for your records.
Please be advised that the resolution and amendment will be null and void if not executed
within sixty (60) days, or by Thursday, May 18, 2006.
If you have any questions, please do not hesitate to contact me at ext. 3206. Have a blessed day!
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
Please sign and return
"
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
RECEIVEo-ern CLEi{\<
LOOG AI'R - I fJ\ 1\: 2 I
DATE:
April 5, 2006
TO:
Captain Robert Curtis
Police Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents - Resolution No. 2006-77
At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino
adopted Resolution No. 2006-77- Resolution authorizing the execution of an amendment to the
Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year
2005/06.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed~
Date:
0'6~06
Please sign and return