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HomeMy WebLinkAbout31-Police Department . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zinunon, Chief of Police Subject: Resolution of the City of San _ . Bernardino authorizing the execution of an \G\" \ "-l a?"eeme~lt to employ Robert. Curtis on a part- 00 ''I t\ trme basiS for a one-year penod. Date: August 19,2004 I' Dept: Police Department Synopsis of Previous Council Action None Recommended Motion: Adopt resolution. Ml~OilEFOFPOIJCE Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $50,000 Source: 001-211-5502 Finance Council Notes: ~ ~ 2004--2.'l~ Agenda Item No.~ ql,l04 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the City of San Bernardino authorizing the execution of an agreement to employ Robert Curtis on a part-time basis for a one-year period. 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. As a part-time contract administrative manager, Robert Curtis will be responsible for maintaining the existing grants as well as researching and procuring additional grant funds as they become available. The Police Department's current budget is over $47 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. Robert Curtis will assist the Administrative Services captain with all budget-related matters. The contract term is for one year. Robert Curtis will work a flexible schedule each week for a total of 47 weeks. He will be compensated at a rate commensurate with P-5 wages. The contract is included with this documentation and listed as "Exhibit A." FINANCIAL IMP ACT $50,000 has been budgeted and placed in Account #001-211-5502 to fund this contract. RECOMMENDATIONS Adopt resolution. 0 2 3 4 5 6 7 8 o o (Co~v RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO EMPLOY ROBERT CURTIS ON A PART- TIME BASIS FOR A ONE-YEAR PERIOD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor is hereby authorized to execute on behalf of said City an Agreement with Robert Curtis to act as the Police Department's Civilian Administrative Manager on a part-time basis not to exceed a one-year period. Said Agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. 10 SECTION 2. The authorization to execute the above-referenced agreement is 11 rescinded if the parties to the agreement fail to execute it within sixty (60 days) of the passage 12 of this resolution. 13 14 il/ 15 III 16 Il/ 17 18 19 20 21 22 23 24 25 -1- 110..31 9/-1/01 o RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO EMPLOY ROBERT CURTIS ON A PART- 2 TIME BASIS FOR A ONE-YEAR PERIOD. 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 meeting thereof, held 6 on the _ day of , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LONGVILLE 9 MCGINNIS 10 DERRY II KELL Y 12 JOHNSON 0 13 MCCAMMACK 14 15 CITY CLERK 16 The foregoing Resolution is hereby approved this _ day of ,2004. 17 18 19 Judith Valles, Mayor City of San Bernardino 20 Approved as to form and legal content: 21 22 JAMES F. PENMAN, City Attorney I 10 I I I I i I 0- ., 24 25 -2- EXHIBIT "A" o PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 8th day of September, 2004, 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 matter affecting the Police Department and the CITY. o 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. o 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. 1 EXHIBIT "K o 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 $62.22 per hour or the prevailing hourly wage of a Police Captain, whichever is higher. The monies paid to the MANAGER over a single fiscal year shall not exceed $50,000. It is anticipated that the MANAGER will work a weekly flexible schedule for a total of 47 weeks out of the fiscal year. 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 o 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, 2004, and terminating on September 7, 2005, unless previously modified, amended, or cancelled by the written mutual consent of the parties. 10 i I I , , , I 2 EXHIBIT "K o 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. INDEPE"IDENT 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 o 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. o 3 EXHIBIT '"A" o 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. GOVER.I\'ING LAW. This Agreement shall be enforced and interpreted under the laws of the State of California. 9. ATTORNEY'S FEES. o 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. o 4 EXHIBIT 'X' c 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 \witten. Date: ,2004 Robert Curtis o By: Date: ,2004 City of San Bernardino By: Judith Valles, Mayor ATTEST: Rachel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney o 5 OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us ~" September 10, 2004 Mr. Robert Curtis 7822 Bobcat Lane Highland, CA 92346 Dear Mr. Curtis, At the Mayor and Common Council meeting of September 7, 2004, the City of San Bernardino adopted Resolution 2004-278 - Resolution authorizing the execution of an agreement to employ Robert Curtis on a part-time basis for a one-year period. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by November 8, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, J) 1((.: L~/ (~ -:};r t._~ ..j Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Interoffice Memorandwn CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: September 14, 2004 TO: Steve Klettenberg, Captain FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-278 - Robert Curtis CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement to employ Robert Curtis on a part-time basis for a one-year period. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): <1- '"\-0'\ Item # 3\ Resolution # 'Z.CxA - 'l '12' Vote: Ayes' -") Nays.e- Abstain -€Y Absent -€Y Change to motion to amend original documents 0 Companion Resolutions Null/V oid After: l.,a days / Resolution # On Attachments: 0 PUBLISH 0 POST 0 \1-~-t,4_ Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: q -<1-()~ Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: Seal Impressed: g- O Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: q-I'-( -oy Not Returned: 0 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes ..,/ No By Updated Prior Resolutions (Other Than Below): Yes NOL- By Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Yes No-..L- By Updated CDC Personnel Folders (5557): Yes No---L- By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No / B Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney ~ Finance ~ Police Department ff Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: 3 Notes: Ready to File: _ Date: Revised 12/18/03