HomeMy WebLinkAbout2006-358
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RESOLUTION NO. 2006-358
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KURT
WILSON
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an amendment to the Professional Services
Agreement with Kurt Wilson, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as though fully set forth at length.
SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2006-358
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KURT
WILSON
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
jt. regular
and Conunon Council of the City of San Bernardino at a meeting thereof, held on the
2nd day of October
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER
x
VACANT
DERRY
x
KELLEY
---1L-
JOHNSON
x
MC CAMMACK
~
2006.
~MtU'kdtMtV. f)nnJ,t
City Clerk J ~-(J
The foregoing resolution is hereby approved this 4~ day of October
~orris~~
City of San Bernardino
Approved as to
Form:
JAM SF. PENMAN,
City ttorney
By:
.
2006-358
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AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 1 st day of October, 2006, by and between
Kurt Wilson, an individual ("WILSON"), and the CITY OF SAN BERNARDINO, a charter
city ("CITY").
WHEREAS, the City and WILSON have entered into a Professional Services
Agreement, dated July 1,2006, to retain WILSON as the Director of the Office of Community
Safety and Violence Prevention; and
WHEREAS, the term of said Professional Services Agreement extended through
September 30, 2006; and
WHEREAS, both the City and WILSON desire to extend the term of the Professional
Services Agreement for an additional three (3) months;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein,
the parties hereto agree as follows:
SECTION 1. Section 3 of the Professional Services Agreement is hereby
amended to read as follows:
"3. TERM. The term of this Agreement shall be for six (6) months, beginning on
July 1,2006, and terminating on December 31, 2006, unless previously modified or amended
by the written mutual consent of the parties, or terminated in accordance with Section 11
herein. "
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2006-358
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AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date first written above.
lor ~Jb4
CITY OF SAN BERNARDINO
DATE:
~
P TRICK J. ORRI, or
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By: -1 L-..
KURT WILSON
Approved as to
Form:
JAMES F. PENMAN,
City omey
By:
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2006-358
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 1st day of July, 2006, by and between Kurt
Wilson, an individual ("WILSON"), and the CITY OF SAN BERNARDINO, a charter city
("CITY.")
WHEREAS, the Mayor has determined that it is advantageous and in the best interest of
the CITY to engage a professional to oversee the organization, development, and operation of an
Office of Community Safety and Violence Prevention within the Mayor's Office;
WHEREAS, the City desires to retain WILSON as the Director of the Office of
Community Safety and Violence Prevention;
WHEREAS, WILSON possesses the professional skills and abilities to perform the
aforementioned work for the Mayor and the City.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties hereto agree as follows:
1. SCOPE OF SERVICES. City hereby retains WILSON to provide the following
consulting services:
a. Acting as the Director of the Office of Community Safety and Violence
Prevention, WILSON shall advise the Mayor, and carry out and supervise such tasks, programs,
and assignments given to him by or on behalf of the Mayor that will: (i) facilitate a collaborative
process in the community to create a well-integrated network of programs and services delivered
by community-based organizations, faith-based organizations, social service agencies, businesses,
school district, police, and criminal justice agencies, resulting in increased neighborhood safety and
reduceej violence in our city; and (ii) coordinate and collaborate existing and new grass roots
programs and services, with social service and law enforcement agencies, to greater leverage scarce
resources, better coordinate programs and services, and deliver improved outcomes for the
community.
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2006-358
2. COMPENSATION AND EXPENSES.
a. CITY shall compensate WILSON for services provided pursuant to this
Agreement at the rate of $6,666.00 per month over the total term of this Agreement.
b. During the term ofthis Agreement, WILSON shall bill and the CITY shall
reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in
connection with the aforesaid duties.
c. WILSON shall submit monthly invoices to the Mayor or his designee for
consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject
such invoices and shall forward to the CITY's Finance Department for payment those invoices
accepted for payment.
3. TERM. The term of this Agreement shall be for three (3) months, beginning on
July 1, 2006, and terminating on September 30, 2006, unless previously modified or amended by
the written mutual consent of the parties, or terminated in accordance with Section II herein.
4. RIGHT TO AUDIT. The CITY or any of its duly authorized representatives shall
have access to the books and financial records of WILSON which are pertinent to the services
rendered herein for purposes of performing an audit. The books and financial records generated
by WILSON pertaining to the professional consulting services rendered herein shall be retained by
WILSON for three (3) years following expiration of this Agreement or for a longer period as
required by law. WILSON shall maintain logs during the term ofthis Agreement documenting the
time expended by WILSON to perform the services required hereunder, which shall be available
for inspection upon request of the CITY.
5. INDEPENDENT CONTRACTOR. WILSON, at all times while performing
under this Agreement, is an independent contractor and WILSON shall not be an agent or employee
of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or taxes of any
kind from any payments which are owed to WILSON. WILSON shall not be entitled to receive
any benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations, paid holidays, pension, profit sharing, or Social Security on account of his work for
SDE/edJAgreements[KurtWilson.ProtsvcAg]
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2006-358
CITY. This Agreement does not create the relationship of agent, servant, employee, partnership,
or joint venture between the parties.
6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood
that the experience, knowledge, capability, and reputation of WILSON was a substantial
inducement to enter into this Agreement. Therefore, WILSON shall not contract with any other
individual or entity to perform, in whole or in part, the services required hereunder without the prior
written approval of CITY.
7. POLITICAL REFORM ACT. In performing the services set forth in Section
I of this Agreement in the capacity of a consultant, WILSON is acting as a public official as
defined by the Political Reform Act of 1974, Government Code Section 87100 et seq. ("Act") and
WILSON shall be subject to, and agree to abide by, the Act's requirements, including, but not
limited to, those: (i) banning certain gift and honoraria; (ii) prohibiting participation in certain
political activities and decisions; and (iii) requiring public disclosure of personal economic interests
through the filing of Fair Political Practice Commission Form 700. WILSON specifically
covenants to abide by all provisions of the Act applicable to him and all similar or related
provisions of the CITY's Charter and Municipal Code.
8. INDEMNIFICATION. WILSON agrees and promises to indemnify, defend, and
hold harmless CITY, its elected and appointed boards, commissions, officers, attorneys, agents, and
employees from and against any claims, losses, demands, suits, administrative actions, penalties
and expenses incurred by CITY with respect to (i) any benefits which employees of CITY are
entitled to receive, including, but not limited to, workers' compensation insurance, unemployment
compensation, medical insurance, life insurance, pension, profit sharing, or Social Security which
were not supplied to WILSON in the performance of this Agreement, (ii) the failure of CITY to
withhold the cost of such benefits or for taxes, or (iii) any assertion that by reason hereof or the
services to be performed pursuant to this Agreement, WILSON is an employee of the CITY.
WILSON specifically waives any claim of rights or benefits, whether present or future, under the
CITY's pension plans, fringe benefit plans afforded employees of the CITY, workers'
compensation or unemployment insurance or other benefits normally afforded employees of the
SDE/edl Agreements(KurtWilson.ProfSvcAg)
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2006-358
CITY.
9. NONDISCRIMINATION. In the performance of this Agreement and in the
hiring and recruitment of employees, WILSON shall not discriminate on the basis of race, creed,
color, religion, sex, sexual orientation, physical or mental disability, medical condition, pregnancy,
child birth or related medical conditions of any female employee, marital status, age, ethnic
background, ancestry, or national origin.
10. NOTICE. 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 CITY:
Office of the Mayor
300 North "D" Street
San Bernardino, CA 92418
Fax: (909) 384-5067
TO WILSON:
Kurt Wilson
634 West Arbetch Street
Rialto, CA 92377
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service or telephonically verified fax transmission which shall be deemed effective upon actual
receipt thereof. Either party may change their address for receipt of written notice by so notifying
the other party in writing.
n. TERMINATION.
a. CITY or WILSON may terminate the services provided under Section I of
this Agreement upon thirty (30) days written notice to the other party.
b. Notwithstanding Section II (a) above, this Agreement shall automatically
terminate upon notice given by the aggrieved party on or after the occurrence of any of the
following events:
(a) The death of WILSON;
(b) The disability of WILSON which, for purposes hereof, shall mean
the inability of WILSON, because of injury or illness, to perform services hereunder for a period
of thirty (30) days or longer;
(c) The end of the term of the Mayor, whatever the reason;
SDE/ed/Agreements[KurtWilson.ProfSvcAg] 4
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2006-358
(d) The material breach, by WILSON, of this Agreement;
(e) The material breach, by CITY, of this Agreement;
(f) The conviction of WILSON of any felony or any crime involving
moral turpitude;
(g) The material violation, by WILSON, of the Act or any law,
regulation or policy designed to assure ethics in government or public access to information
concerning government; or
(h) The mutual agreement of CITY and WILSON.
c. Upon termination of this Agreement, WILSON shall be entitled to receive
only compensation accrued pursuant to Section 2 above for services actually rendered but unpaid
as of the date of termination and shall not be entitled to additional compensation.
12. ENTIRE AGREEMENT. This Agreement constitutes 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.
13. GOVERNING LAW. This Agreement shall be interpreted and enforced under
the laws of the State of California.
14. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing
party shall be entitled to reasonable attorney's 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 "attorneys fees" for the purposes of this paragraph.
15. SEVERABILITY. If any part or provision of this Agreement is in conflict or
inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held to
be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be
suspended and superseded by such applicable law or regulation, and the remainder of this
Agreement shall not be affected thereby.
16. WAIVER. Failure of either party to enforce any provision ofthis Agreement shall
not constitute a waiver of the right to compel enforcement of the remaining provisions of this
SDE/edl Agreements[KurtWilson.ProfSvcAg}
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2006-358
Agreement.
17. AMENDMENT. This Agreement may only be amended by a written agreement
executed by the parties, and may not be amended by oral agreement.
18. ASSIGNMENT. This Agreement shall not be assigned by WILSON without the
prior written consent of the CITY.
19. AUTHORITY. The person(s) executing this Agreement on behalf of the parties
hereto warrant(s) that they are duly authorized to execute this Agreement on behalf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first written above.
DATE:
CITY OF SAN BERNARDINO
BY:@ --~
TR K J. M ayor
DATE:
By: ';;f
K RT WILSON
Approved as to
Form:
JAMES F. PENMAN
City Attorney. iJ
./)oN,. ;1. {;~~
SDE/edl Agreements{KurtWilson.ProfSvcAg]
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