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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNQL ACTION
From: Michael Billdt, Chief of Police
Subject: Resolution of the City of San
Bernardino authorizing the execution of a
professional selVices agreement to employ
Robert Curtis on a part-time basis in fiscal
year 2006/07.
Dept: Police Department
Date: June 12, 2006
M/CCDate:June 19,2006
Synopsis of Previous Council Action
7/18/2005
Resolution # 2005-251, authorizing the execution of an agreement to employ Robert
Curtis on a part-time basis in fiscal year 2005/06.
9/7/2004
Resolution # 2004-278, authorizing the execution of an agreement to employ Robert
Curtis on a part-time basis in fiscal year 2004/05.
Recommended Motion:
Adopt resolution.
Gm~~1l--
MIlliAEL BILLDT, INTIRIM Q-JIEF OF POLICE
Contact person:
Captain Steve Klettenberg
Phone: 384-5606
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $54,000
Source: 001-211.5502
Council Notes: R.
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Finance
Agenda Item No.~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the City of San Bernardino authorizing the execution of a professional services
agreement to employ Robert Curtis on a part-time basis in fiscal year 2006/07.
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.
For the past two fiscal years the City has employed Robert Curtis on a part-time basis as a
civilian administrative manager. In this capacity he has maintained existing police grants and
researched and procured additional grant funds. The Police Department's current budget is over
$51.5 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. Mr. Curtis has assisted the Administrative
Services captain with all budget-related matters.
The agreement with Robert Curtis has proven to be beneficial to both the Police Department and
the City. In FY 2005/06, Mr. Curtis efficiently administered over $4 million in police grants that
covered the personnel costs of 16 police employees and provided needed equipment and
technology items. Additionally, he completed the following administrative projects.
. Developed several proposals to increase police staffing.
. Completed staff work for a salary adjustment for police and fire dispatchers.
. Oversaw implementation of the new police officer hiring incentive plan.
. Completed an audit of Alarm Unit that reduced calls for service to locations
having excessive false alarms.
. Worked with the Mayor and City Manager's Office to explore the feasibility of
implementing a Weed and Seed Grant program in the city.
. Explored the feasibility of expanding the red light camera program to fund
additional police services.
The Police Department is proposing to renew the agreement under the following terms. The
contract term is for fiscal year 2006/07. Robert Curtis will work a flexible schedule each week
for a total of approximately 831 hours over 52 weeks. He will be compensated at a rate $65.00
per hour. The contract is included with this documentation and listed as "Exhibit A."
FINANCIAL IMPACT
$54,000 has been included in Account #001-211-5502 of the Police Department's proposed
budget to fund this contract and included in the City's General Fund Preliminary Budget for FY
2006/07.
RECOMMENDA nONS
Adopt resolution.
RESOLUTION NO.
2 RESOLUTIO,," OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO EMPLOY
3 ROBERT CURTIS ON A PART-TIME BASIS IN FISCAL YEAR 2006/07.
4
BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION J. The Mayor is hereby authorized to execute on behalf of said City a
Professional Services Agreement with Robert Curtis to act as the Police Department's Civilian
Administrative Manager on a part-time basis in fiscal year 2006/07. 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
12 of this resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO EMPLOY
2 ROBERT CVRTIS ON A PART-TIME BASIS IN FISCAL YEAR 2006/07.
3
4
I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereoC held
6 on the _ day of
Council Members:
7
ESTRADA
8
BAXTER
9
MCGINNIS
10
DERRY
11
KELLEY
12
JOHNSON
13
MCCAMMACK
14
15
, 2006, by the following vote, to wit:
AYES
-
NAYS
ABST AIN
ABSENT
CITY CLERK
16
The foregoing Resolution is hereby approved this _ day of
,2006.
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19
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
21
??
.rt~
a es F. Penman, City Attorney
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-2-
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 26th day of June, 2006, 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 o\ersee 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 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 Departmcnt'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 $65.00 per hour. The monies paid to the MANAGER over a single fiscal
year shall not exceed S54,000. It is anticipated that the MANAGER will work a
weekly flexible schedule for a total of 831 hours in fiscal year 2006/07.
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 July 1, 2006,
and terminating on June 30, 2007, 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. Ii\DEPE:'IiDENT CONTRACTOR.
MAC\iAGER at all times while performing under tl115 Agreement is an independent
contractor and not an agent or employee of the CITY. CITY is not responsible for withholding,
and shall not withhold, FfCA 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, pat1nership, 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 :\IA:\IAGER
Robel1 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"
6. El\TIRE 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. CO\IPLIANCE WITH LA WS.
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 LA W.
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 bc 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 "A"
12. AME:\'DMENT.
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
thc City.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
Date:
,2006
Robert Curtis
By:
Date:
,2006
City of San Bernardino
By:
Patrick J. Morris, Mayor
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
/ft?2.~
a es F. Penman, City Attorney
c
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes ;), )J '1)5 ~ 7 Nay,-f;-
Change to motion to amend original documents D
d.l
Abstain
Resolution #
-=e-
,)D6b-/J?3
Absent /<>J... <0
Companion Resolutions
Null/VoidAfter: l.t:>n days/~
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso. Log Updated: $
Seal Impressed: ~
Reso. # on Staff Report ~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2'd Reminder Letter Sent:
Not Returned: D
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):
Yes No By~
Yes No By~
Yes No By~
Yes No By~
Yes No By~
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
D
D
::g; l(.tt.........
D
D
EDA
D Information Services
D Parks & Recreation
~ \l.Q.lt~-M.",-, Police Department
D Public Services
D Water Department
D
D
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D
D
Facilities
Finance
Fire Department
Human Resources
Notes:
Ready to File: ~
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
l~ECE\VED-C\1'( eLL
Zllmi JUN 29 Pi112: 5
DATE:
June 27, 2006
TO:
Suzy Sandoval, Patrol Secretary
Police Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents - Resolution No. 2006-183
At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino
adopted Resolution No. 2006-183 - Resolution authorizing the execution of a Professional
Services Agreement to employ Robert Curtis on a part-time basis for fiscal year 2006/07.
Attached are a copy of Resolution No. 2006-183 and one (I) ORIGINAL Professional Services
Agreement and two (2) duplicate original Professional Services Agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL Professional Services
Agreement to the City Clerk's Office to the attention of Do die Otterbein, Records Management
Coordinator. Please retain a duplicate executed Professional Services Agreement for your
records and forward the other duplicate Professional Services Agreement to the other party.
Please be advised that the resolution and agreement will be null and void if not executed
within sixty (60) days, or by Friday, August 18, 2006.
If you have any questions, please contact Dodie Otterbein at ext. 3215.
Sandra Medina
Assistant to the City Clerk
I hereby acknowledge receipt of the above mentioned documents.
Signed: td4ltl/l/ltY M~
/
Date: 0 -;z.q --CI0