HomeMy WebLinkAbout27-Police Department
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ORIGiNAL
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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
From: Garrett W. Zimmon, Chief of Police
Subject: Resolution of the Gty of San
Bernardino authorizing the execution of a
second agreement to employ Robert Gutis on
a part-time basis in fiscal year 2005/06.
Dept: Police Department
Date: June 23, 2005
Synopsis of Previous Council Action
9/7/04
Resolution # 2004-278, authorizing the execution of an agreement to employ Robert
Gutis on a part-time basis in fiscal year 2004/05.
Recommended Motion:
Adopt resolution.
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MIa-IAEL BILLDT, ASSISTANT GllEF OF POllCE
Contact person:
Olptain Steve Klettenberg
Phone: 384-5606
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $40,000.
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SOUl't:e: 001-211-5505
Council Notes:
Finance
Agenda Item No.-ll-
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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 second agreement to
employ Robert Curtis on a part-time basis in fiscal year 2005/06.
BACKG~OUND
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.
On September 7, 2004, the Mayor and City Council approved Resolution #2004-278, authorizing
the execution of a one-year agreement to employ Robert Curtis on a part-time basis as a civilian
administrative manager. In this capacity, he has administered existing police grants and
researched and procured additional grant funds. He has trained and mentored other police
personnel in the preparation and administration of grants.
The police department's current budget is over $50 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 properly disbursed. Robert Curtis
has assisted the Administrative Services captain with all budget-related matters.
The agreement with Robert Curtis has been beneficial to both the police department and the City.
In FY 2004/05, the police department received nine new grants totaling $1,709,442. Grant
funding was used to cover the personnel costs of 11 police officers and four civilian police
positions as well as a portion of the mobile data computer (MDC) replacement project, digital
recorder project and traffic safety programs. For FY 2005/06, the police department has received
five grants totaling $1,721,443 thus far. Additionally, the presence of a civilian administrative
manager position has allowed the Administrative Services captain to assume administration of
and responsibility for the City Jail and police fleet. These duties were formerly perfoI'Jlled by the
Patrol Captain.
The police department is proposing to renew the agreement with Robert Curtis under the
following terms. The contract term is for fiscal year 2005/06, starting September 8, 2005 and
ending June 30, 2006. Robert Curtis will work a flexible schedule each week for a total of
approximately 666 hours over 43 weeks. He will be compensated at a rate $60.00 per hour. The
contract is included with this documentation and listed as "Exhibit A."
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FINANCIAL IMPACT
Funding in the amount of $40,000 has been budgeted in Account #001-211-5505 for this
contract.
RECOMMENDATIONS
Adopt resolution.
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RESOLUTION NO.~ lPY'
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A SECOND AGREEMENT TO EMPLOY ROBERT CURTIS ON A
PART-TIME BASIS IN FISCAL YEAR 2005/06.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized to execute on behalf of said City an
Agreement with Robert Curtis to act as the Police Departme_nt's Civilian Administrative
Manager on a part-time basis in fiscal year 2005/06, beginning September 8, 2005 and ending
9 June 30, 2006. Said Agreement is attached hereto, marked Exhibit "A", and incorporated
10 herein by reference as fully as though set forth at length.
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16 II!
17 III
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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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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AGREEMENT TO EMPLOY ROBERT CURTIS ON A
2 P ART-TIME BASIS IN FISCAL YEAR 2005/06.
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4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a meeting
thereof, held on the day of , 2005, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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8
ESTRADA
LONGVILLE
9
10
11 DERRY
12
13
MCGINNIS
KELLEY
JOHNSON
14 MCCAMMACK
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Approved as to form
22 and legal content:
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CITY CLERK
,2005.
The foregoing Resolution is hereby approved this _ day of
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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EXHIBIT "A"
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 8th day of September, 2005, 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.
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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.
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EXHIBIT "A"
The MANAGER will be responsible for overseeing any existing Police
Department grants and will research the feasibility of obtaining additional grant
funds over the next fiscal year,
2. COMPENSATION AND EXPENSES,
For the services delineated above, the CITY shall pay the MANAGER the sum
of $60.00 per hour, The monies paid to the MANAGER over a single fiscal
year shall not exceed $40,000. It is anticipated that the MANAGER will work a
weekly flexible schedule for a total of 43 weeks in fiscal year 2005/06.
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.
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.
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b.
a.
b.
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c.
The term of this Agreement shall be for a period of one year, commencing September 8,
2005, and terminating on June 30, 2006, unless previously modified. amended, or cancelled by
the written mutual consent of the parties.
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EXHIBIT "A"
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 ofthe 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 '0' 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.
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EXHIBIT "An
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ENTIRE AGREEMENT.
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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.
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.
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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 first above written.
Date:
,2005
Robert Curtis
By:
Date:
,2005
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
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By: ~1'v~
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
Null/Void After: -~ 0 days /
Resolution # On Attachments: 0
RESOLUTION AGENDA ITEM TRACKING FORM
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Meeting Date (Date Adopted): 1 / I~I' 0) Item # :;1
Vote: Ayes 7 Nays Abstain
Change to motion to amend original documents 0 Companion Resolutions
f)bi~
Resolution #
d OfJS-- - J,s /
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Absent
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date~~t for Signature:
1 sl Reminder Letter Sent:
Reso. Log Updated:
Seal Impressed:
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Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
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Copills Distributed to:
Animal Control
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EDA
0 Information Services 0
V Parks & Recreation 0
Police Department ~
0 Public Services 0
0 Water Department 0
Ready to File:
Date: ~} 71/,0
Notes:
Revised 12/18/03
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