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Home My WebLink About2006-077 RESOLUTION NO. 2006-77 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 Il'IJ FISCAL YEAR 2005/06. 1 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AS FOLLOWS: 4 5 SECTION 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 7 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 9 reference as though set forth at length. 10 11 SECTION 2. The authorization to execute the above referenced amendment is 12 rescinded ifnot issued within sixty (60) days of the passage of this resolution. 13 III 14 III 15 III 16 11/ 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 RCL:S:\COUl1cil\Curtis contract amendment Reso 05-06.doc ?C 2006-77 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. 1 2 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 joint regular meeting thereof. 4 held on the 20th 5 6 Council Members: 7 ESTRADA 8 BAXTER 9 MCGINNIS 10 DERRY 11 KELLEY 12 JOHNSON 13 MCCAMMACK 14 , 2006, by the following vote, to wit: day of March ABSENT ABSTAIN NAYS AYES x x x x x x x 15 ~k~y~ 16 The foregoing resolution is hereby approved this~ day of March ,2006. 17 18 u~ 'Patrie. is, Mayor City of San Bernardmo 19 20 Approved as to form and legal content: 21 JAMES F. PENMAN, 22 City A torney 23 24 ouncil\Curtis contract ::llllcndment Reso 05-06.doc 0, 2006-77 EXHIBIT "B" FIRST AMENDMENT to PROFESSIONAL SERVICES AGREEMENT between ROBERT CURTIS and the CITY OF SAN BERNARDINO ORIGINAL 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 $60.00 per hour. The monies paid to the MANAGER over a single fiscal year shall not exceed $51,000. It is anticipated that the MANAGER will work a weekly flexible schedule for a total of 43 weeks in fiscal year 2005/06. All other terms and conditions will remain the same. IN WITNESS THEREOF, the parties hereto have executed this Amendment to the Professional Services Agreement on this day and date. Date: J{- 3 - 0 &7 ,2006 Robert Curtis By: ~?d"~~ Date: 'W\l)"'l-eL ;).J-- ,2006 City of San Bernardino B~,,:\-~~ Patri K f. Morris, or ATTEST: ~hCl,~~ Rac I Clark, CIty Clerk APPROVED AS TO FORM AND LEGAL CONTENT: 2006-77 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 CCITY"). 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 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. The MANAGER will also consult with and advise the administrative staff on matters relating to the Police Department's fiscal budget. I 2006-77 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 $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 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, 2005, and terminating on June 30, 2006, unless previously modified, amended, or cancelled by the written mutual consent ofthe parties. 2 2006-77 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 2006-77 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. II. 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 2006777 EXHffiIT"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: ?//7 ,2005 Robert Curtis By: &17i"t!;r/# Date: 7 ! !Y; ,2005 Cit ofS~Bernardino I- By: ATTEST: ~tY~I~r~ APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney BY~~?(ew.- 5