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Home My WebLink About2006-183 RESOLUTION NO. 2006-183 1 RESOLUTION 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 RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION l. The Mayor is hereby authorized to executc on behalf of said City a Professional Services Agreement with Robert Curtis to act as the Police Departmcnt'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 lcngth. 7 x 9 10 SECTION 2. The authorization to execute the above-referenccd agreement is 11 rescinded if the parties to the agreement fail to execute it within sixty (60 days) ofthc passagc 12 of this resolution. 13 14 II 15 i// 16 17 18 19 III 20 III 21 III 22 23 III 24 III 15 III -1- 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. 2 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 i oint regul ar meeting thereof, held on the 19th day of June ,2006, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA x 8 BAXTER x 9 --.- MCGINNIS x 10 - DERRY ~ 11 KELLEY X 12 - JOHNSON X 13 MCCAMMACK ~ 14 A{A,'Y1(tUA.)^'rrtiL~(.y.1tp 15 CITY CLERK ]6 The foregoing Resolution is hereby approved this~ay of June ,2006. 17 18 19 20 Approved as to form: 22 ~ a es F. Penman, City Attorney 21 23 24 25 -2- 2006-183 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 26110 day of June, 2006, by and bctween 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 thc CITY to engage a professional part-time civilian administrative manager to oversee the San Bernardino Police Department's ovcrall budget and grant proceedings; and WH EREAS, 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 Dcpartment and the CITY. NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES. For the remuneration stipulated, the MANAGER shall provide the following professional serviccs: a. Under the direct supervision of the Police Department's Administrative Serviccs 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. 2006-183 EXHIBIT "A" 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 $65.00 per hour. The monies paid to the MANAGER over a single fiscal year shall not exceed $54,000. It is anticipated that the MANAGER will work a weekly flexible schedule for a total of831 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 2006-183 EXHIBIT "A" This Agreement may be ten11inated at any time by thirty (30) days written notiee by either party. The terms of this Agreement shall remain in foree 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 eontractor 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' eompensation insurancc, 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 '0' Street San Bernardino CA 9240 I 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 2006-183 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 rcplaced 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 Statc 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 ot1ice 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 bc 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 2006-183 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 lirst above written. Date: 6/27 ,2006 Robert Curtis By: 4/~/.t2T4;; Date: ';).t ,2006 City of San Bernardino BY~ ~~ Patr 1. Morris, or ATTEST: 'K(l, & It( 2 C t C//t);'.J ~~ifhel Clark, City Clerk .~ n . (h{XJCt~(i d,~J~Y')V clJ1'i (UJ U( P t.t t1 --J Approved as to form: (j 5