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HomeMy WebLinkAbout28-Police Department ~~./ CITY OF SAN BERNARDINO -REQUEST FOR COUNQL ACTION From: Michael A Billdt, Chief of Police Dept: Police Department Date: July 31, 2008 SubjeCt~ Resolution of the City of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a pan-time basis in Fiscal Year 2008-09. M/CC Date: August 18, 2008 Synopsis of Previous Council Action: 6/ 18/2007 Resolution # 2007-197, authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a pan-time basis in fiscal year 2007-08. 6/ 19/2006 Resolution # 2006-183, authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-titre basis in fiscal yEar 2006-07. 7/ 18/2005 Resolution # 2005-251, authorizing the execution Professional Services Agreement to employ Robert Curtis on a part-time basis in fiscal yEar 2005-06. 9/7/2004 Resolution # 2004-278, authorizing the execution Professional Services Agreement to employ Robert Gratis on a part-time basis in fiscal yEar 2004-05. Recommended Motion: Adopt Resolution. //~~~'-v~~ ~ ~~~~'~" MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Captain Theodis Henson Phone: 384-5609 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $51,300 Source: 001-211-5502 General Fund Council Notes: Finance Agenda Item No. ~~ a-(9-OS Q CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Ciry of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Yeaz 2008-09. BACKGROUND Over the past four fiscal years, the City has employed retired Police Captain 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. He has authored or administered over $15 million in state and federal grants that provide essential funding for police personnel, equipment and technology. Given the City's current budget constraints, 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 Bernazdino. The Police Department's current budget is over $69 million and it supports a workforce of 517 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 in the development of the Police Department's annual budget, including the asset forfeiture and Drug and Gang set aside budgets, and provides continuing expert advice on budget expenditures. The Agreement with Robert Curtis has proven to be beneficial to both the Police Department and the City. In FY 2007-08, Mr. Curtis administered 10 grants totaling over $3.5 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 implement the Combined Hiring Plan to add (40) police officers and (10) non-sworn civilian positions to the Police Department's table of organization. • Worked with Police Administration to prepare a Department Reorganization proposal and other budget reductions to save the City almost $4 million in FY 2008-09. • Prepared the Police Department's Measure Z budget for FY 2007-08 and FY 2008-09 to fund additional police positions and needed equipment. • Worked with IT staff to expand the Red Light Camera program. • Worked with Patrol to author a Weed & Seed grant application seeking $1.3 million in federal funding over five years. The grant is pending approval in October 2008. • Worked with IT staff to design, fund and purchase an in-car crime mapping program, and a CAD/RMS/ARS upgrade. • Developed a plan and funding sources to replace the aging analog surveillance system at the central police facility with astate-of--the-art digital system with 2- year retention of recorded images. • Worked with city staff to earmark Drug and Gang set aside funding to support anti-gang and anti-drug programs administered by the Parks & Recreation Department and Operation Phoenix. The Police Department is proposing to renew the Professional Services Agreement with Robert Curtis in FY 2008-09 for a total not to exceed $51,300, five-percent less than FY 2007-08, which will provide the City with additional budget savings. Robert Curtis will work a flexible schedule each week for a total of approximately 790 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 FY 2008-09 General Fund budget to fund the.contract with Robert Curtis. Adopt Resolution. V t 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ RESOLUTION NO. 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 2008/09. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. 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 2008/09, a copy of which is attached hereto, marked Exhibit A, and incorporated herein by reference. 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. /// /// /// /// /// /// /// /// /// /// I /// ~ /// 8 / S-D~ wag V t 2 3 a 5 6 7 S 9 to tt 12 13 14 t5 16 t~ IS 19 20 21 22 23 24 25 V 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 2008/09. 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the - day of , 2008, by the following vote, to wit: Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK AYES NAYS ABSTAIN ABSENT The foregoing Resolution is hereby approved this Approved as to Form: F. Penman, City Attorney Rachel G. Clark, City Clerk day of , 2008. Patrick J. Moms, Mayor City of San Bernardino -2- EXHIBIT "A" Q V i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 21~` day of July, 2008, by and between Robert Curtis, Civilian Administrative Manager ("MANAGER") and the City of San 8emardino ("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: 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. EXHIBIT "A" Q 1 b. The MANAGER will be responsible for overseeing any existing Police 2 Department grants and will research the feasibility of obtaining additional grant 3 funds over the next fiscal year. 4 5 2. COMPENSATION AND EXPENSES. g a. For the services delineated above, the CITY shall pay the MANAGER the sum 7 of 565.00 per hour. The monies paid to the MANAGER over a single fiscal 8 year shall not exceed 551,300. It is anticipated that the MANAGER will work a 9 weekly flexible schedule for a total of 790 hours in fiscal year 2008-09. 10 b. During the course of the MANAGER'S work related duties, he will be required 11 12 to travel to different meetings and functions. On those occasions, the 13 MANAGER will be authorized to use vehicles provided to him by the Police 14 Department. 15 c. The MANAGER will submit monthly invoices to the Police Department's ~ 16 Administrative Services Captain or his designee, who will review, approve, and 17 then forward to the City Finance Department for a request for payment. The 18 City Finance Department will begin payments only after receiving a complete 19 20 W-9 form and a copy of the MANAGER'S Social Security card. 21 3. TERM. 22 The term of this Agreement shall be for a period of one year, commencing July 1, 2008, ~ and terminating on June 30, 2009, unless previously modified, amended, or cancelled by the 24 written mutual consent of the parties. 25 26 27 28 2 EXHIBIT "A" 11 21 3 4 5 6 7 8 101 111 15 16 17 18 19 20 21 23 24 25 26 27 28 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 Bemardino 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 EXHIBIT "A" 1' 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 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 Califomia, and all other applicable laws. 8. GOVERNING LAW. This Agreement shall be enforced and. interpreted under the laws of the State of Califomia. 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. 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. 4 EXHIBIT "A" frr' 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 211 23 24 25 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: 2008 Robert Curtis Date: , 2008 ATTEST: Rachel G. Clark, City Clerk Approved as to Form: F. Penman, City Attorney By: City of San Bernardino By: Fred Wilson, City Manager 5