HomeMy WebLinkAbout30-Police Department
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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
From: Michael A Billdt, Chief of Police
Subject: Resolution of the Gtyof San
Bernardino authorizing the execution of a
Professional Services Agreement to employ
Raben Gntis on a pan-time basis in Fiscal
Year 2007/08.
Dept: Police Depanment
Date: May 29, 2007
M/ CC Date: June 18, 2007
Synopsis of Previous Council Action
6/19/2006 Resolution # 2006-183, authorizing the execution of an agreement to employ Raben
Gmis on a pan-time basis in fiscal year 2006/07.
7/18/2005 Resolution # 2005-251, authorizing the execution of an agreement to employ Raben
Gmis on a pan-time basis in fiscal year 2005/06.
9/7/2004 Resolution # 2004-278, authorizing the execution of an agreement to employ Raben
Gmis on a pan-time basis in fiscal year 2004/05.
Recommended Motion:
Adopt resolution.
('11UJIf~
MIa-IAEL A BILLDT, a-IIEF OF palla
Contact person:
Captain Theodis Henson
Phone: 384-5609
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $54,000
Source: 001-211-5502
Council Notes:
Finance
Agenda Item No. JD
(p//r/ /) 7
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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 2007/08.
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 three 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
$57.2 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 budget-related matters.
The Agreement with Robert Curtis has proven to be beneficial to both the Police Department and
the City. In FY 2006/07, Mr. Curtis administered over $5.9 million in police grants that covered
the personnel costs of 20 police employees and provided needed equipment and technology
items. Additionally, he completed or is currently working on the following administrative
projects.
. Worked with Police Administration to develop the Combined Hiring Plan to add
(40) police officers and (10) non-sworn civilian positions to the Police
Department's table of organization.
. Prepared the Police Department's Measure Z budget for FY 2006/07 and FY
2007/08 to fund additional police positions and needed equipment.
. Currently working with Patrol to prepare a Weed & Seed grant application that
will culminate in FY 2007/08 seeking $1.3 million in federal funding over five
years.
. Currently preparing a FY 2007 Edward Byrne Memorial Discretionary grant
application for $300,000 for police technology.
. Worked with Police and IT staff to develop the contract for helicopter services.
. Worked with IT staff to develop bid specifications for enhanced City Jail services
and to convert a replacement truck for SWAT operations.
tit
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Worked with City Staff to earmark $95,100 in Drug and Gang set aside funding to
support anti-gang and anti-drug programs administered by the Parks & Recreation
Department and Operation Phoenix.
Worked with the Traffic Unit to complete a $1.1 million Traffic Safety Grant that
added four motor officers and needed equipment.
Assisted in developing the Police Department's responses to the
recommendations contained in the Management Audit prepared by Management
Partners, Inc.
Participated in meetings with the Police Department's Executive Staff to draft a
proposal to reorganize the Police Department.
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The Police Department is proposing to renew the Agreement under the same terms as in FY
2006/07. The contract term is for Fiscal Year 2007/08. 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
2007108.
RECOMMENDATIONS
Adopt resolution.
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RESOLUTION NO.
2 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 2007/08.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. The City Manager is hereby authorized to execute on behalf of the City a
Professional Services Agreement between the City of San Bernardino and Robert Curtis to act
as the Police Department's Civilian Administrative Manager on a part-time basis in Fiscal Year
2007/08, a copy of which is attached hereto, marked Exhibit A, and incorporated herein by
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reference.
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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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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO EMPLOY
2 ROBERT CURTIS ON A PART-TIME BASIS IN FISCAL YEAR 2007/08.
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I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held
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Council Members:
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ESTRADA
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BAXTER
to
BRINKER
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DERRY
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KELLEY
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JOHNSON
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MCCAMMACK
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,2007, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2007.
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Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to Form:
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 18th day of June, 2007, 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 parties 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.
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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. COMPENSATION 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 2007/08.
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 1,2007,
and terminating on June 30, 2008, unless previously modified, amended, or cancelled by the
written mutual consent of the parties.
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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 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.
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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.
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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:
,2007
By:
Date:
,2007
By:
ATTEST:
Rachel Clark, City Clerk
Approved as to Form:
~
es F. Penman, City Attorney
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Robert Curtis
City of San Bernardino
Fred Wilson, City Manager