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ORIGINAL aTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael Billdt, Interim Chief of Police Dept: Police Department Subject: Resolution of the Gty of San Bernardino authorizing the execution of an amendment to the professional selVices agreement to employ Roben Gmis on a pan- time basis in fiscal year 2005/06, Date: February 28, 2006 Synopsis of Previous Council Action 7/18/05 Resolution # 2005-251, authorizing the execution of an agreement to employ Roben Cunis on a part-time basis in fiscal year 2005/06, Recommended Motion: Adopt resolution, ~61tur MIaIAEL BILLDT, INTERIM o-IIEF OF POllCE Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $11,000 Source: 001-211-5502 Finance Council Notes: :J-fJ{)b -11 Agenda Item NO.J.!I.-- 3/a.oJ Dh CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the City of San Bernardino authorizing the execution of an amendment to the professional services agreement to employ Robert Curtis on a part-time basis in fiscal year 2005/06. 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. 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 administered existing police grants and researched and procured additional grant funds. The Police Department's current budget is over $50 million and it supports a workforce of just under 500 personnel. The agreement with Robert Curtis was renewed on September 8. 2005 for FY 2005/06 when the Mayor and City Council approved Resolution #2005-251. The contract specifies that 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 of $60.00 per hour. The contract is included with this documentation and listed as "Exhibit A." In mid-January 2006. it became necessary to increase the hours that Robert Curtis worked. from an average of 16 hours per week to 32 hours to provide additional administrative support for the Police Department during Chief Garrett Zimmon's medical leave. During this time frame, Robert Curtis was tasked with the following duties and responsibilities: . Developing several proposals to increase police staffing. . Completing staff work for a salary adjustment for police and fire dispatchers. . Overseeing implementation of the new police officer hiring incentive plan. . Reviewing policy and prol:edures utilized in the Alarm Unit. . Working \vith the Mayor and City Administrator's Office to explore the feasibility of implementing a Weed and Seed Grant program in the city. . Continuing to focus on identifying and securing federal and state grants to fund additional polil:c personneL technology and equipment. Ihe Polil:e Department \\ill need to l:ontinue working Robert Curtis an average of 24 to 32 hours per week for the remainder of FY 2005/06 to maintain the increased level of administrative support. An additional $11.000 will need to be added to the professional services contract to cover these additional work hours. The amendment to the professional services agreement is included with this documentation and listed as "Exhibit 8." FINANCIAL IMPACT $11,000, pending budget transfer request, will be placed in Account #001-211-5502 to fund this contract amendment. RECOMMENDA nONS Adopt resolution. RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT TO EMPLOY ROBERT Ct:RTIS ON A PART-TI!\IE BASIS IN FISCAL YEAR 2005/06. 1 2 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AS FOLLOWS: 4 5 SECTIO:'\ 1. The Mayor is hereby authorized to execute on behalf of said City an 6 amendment to the Professional Services Agreement with Robert Curtis to act as the Police '1 Department's Civilian Administrative Manager on a part-time basis in fiscal year 2005/06. 8 Said amendment is attached hereto, marked as Exhibit "B", and incorporated herein by 9 reference as though set f0l1h at length. ::; , , SECTION 2. The authorization to execute the above referenced amendment is 12 rescinded if not issued within sixty (60) days of the passage of this resolution. 1 ~ ~..) I II - " ~" I I I 15 /1/ /11 o / / / 1', /// l~' _b II I 19 II! ;, - . <:,..L u: III ~ _ II BCLS Council Curtb contract JmenJment Rcsa 0'-06 Joc 1Lo. /9 .~J?7Jh~ RESOLl:TION NO. RESOLLTIO!\' OF THE CITY OF SAN BER]';ARDI:\TO AUTHORIZING THE EXECUTION OF AN AMEl\'DMENT TO THE PROFESSIONAL SERVICES AGREEl\1El\'T TO EMPLOY ROBERT CCRTIS ON A PART-TIME BASIS 11\ FISCAL YEAR 2005/06. l ') I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a meeting thereof, 4 held on the ~ 6 Council Members: ESTRADA 8 BAXTER ~ !\!CGli'<'NIS _ v DERRY KELLEY -, } JOHNSON 13 MCCAl'vL\1ACK - 1 -" day of , 2006, by the following vote, to wit: AYES NAYS ABST AIN ABSENT 15 Rachel G. Clark, City Clerk =-6 The foregoing resolution is hereby approved this _ day of ,2006. ~ e , ~ Patrick J. Morris, Mayor City of San Bernardino ~i t", ~. V Approved as to form and legal content: ~, JA\;lES F. PENMA:\, City A~torney /, ii ., B\" fl' -' '-." ,. ,,-<.? -) i ....., 1 I, ., f.--", '"'V '- i_ J,'~, .'-'C'~ i Bl"L -..:; ,COlllh:il Curtis contract dlllC'llJmclll Rc"iD iJ~-(Jb Joe II EXHIBIT "8" FIRST AMENDMENT to PROFESSIONAL SERVICES AGREEMENT between ROBERT CURTIS and the CITY OF SAl\' BER.l\TARDI:\TO COMPENSATION AND EXPENSES A. Section 2. (a.) is amended to read: For the services delineated above, the CITY shall pay the MANAGER the sum of 560.00 per hour. The monies paid to the MANAGER over a single fiscal year shall not exceed 55 I ,000. It is anticipated that the MANAGER will work a weekly t1exible schedule for a total of 43 weeks in fiscal year 2005/06. All other terms and conditions will remain the same. J~ WITNESS THEREOF, the parties hereto have executed this Amendment to the Professional Services Agreement on this day and date. Date: ,2006 Robert Curtis By: Date: ,2006 City of San Bernardino By: Patrick J. Manis, Mayor ATTEST: Rachel Clark, City Clerk APPROVED AS TO FOR1v1 AND LEGAL CONTENT: JAMES F. PENMAN. City Attorney By: ~1'~ 1. ./~>1-..---?__ (/ ' EXHIBIT "A" 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. WHEREAS, Robert Curtis possesses the professional skills and abilities to provide those services for the Police Department and the CITY. NOW, THEREFORE, the pa11ies 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. EXHIBIT "A" b. 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. COMPENSA nON AND EXPENSES. a. 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. 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 fom1 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, 2005, and terminating on June 30, 2006, unless previously modified, amended, or cancelled by the written mutual consent of the parties. 2 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 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 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" 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. 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" 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: 5//7 ,2005 Robert Curtis By: &'7ftJ;Wr / 7 /~' Date: ! 1 ,2005 of S(in Bernardino l By: ATTEST: l~h.~ Racn I Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney Byr1!~ 5 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM ,., Meeting Date (Date Adopted): :7, }D ~D b Item # Vote: Ayes -4 Nays Change to motion to amend original documents 0 NulVVoid After: days / Resolution # On Attachments: 0 PUBLISH 0 POST 0 . 'I ,O~ /0; ;)o{)6 -7 7 Resolution # Abstain Absent Companion Resolutions Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: '?J V,.[) Date ofClerk/CDC Signature: "3/ ~ ~ Reso. Log Updated: .e(7 Seal Impressed: j3 / Reso. # on Staff Report 0' Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2"d Reminder Letter Sent: Not Returned: 0 ~ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985,8234,655,92-389): Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: o ~/ o o Yes Yes Yes Yes N>--= By_ No By_ N<f~...' By_ NO~ No_ By_ Yes EDA 0 Information Services 0 Facilities ~ Parks & Recreation ~ Finance Police Department Fire Department 0 Public Services 0 Human Resources 0 Water Department 0 Notes: Ready to File: _ Revised 12/18/03 Date: r-r-CEnl~D-crn CLEi\!' 1\[. I v '- CITY OF SAN BERNARDINQnOGM'R-4 tJ\I\:S3 Interoffice Mernorandum 1u CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 31, 2006 TO: Captain Robert Curtis Police Department FROM: Eileen Gomez, Senior Secretary City Clerk RE: Transmitting Documents for Signature - Resolution No. 2006-77 At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino adopted Resolution No. 2006-77 - Resolution authorizing the execution of an amendment to the Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2005/06. Attached are a copy of Resolution No. 2006-77, one (I) ORIGINAL first amendment and two (2) duplicate original first amendments to the Professional Services Agreement between Robert Curtis and the City of San Bernardino. Please obtain signatures in the appropriate locations and return the ORIGINAL amendment and one (1) duplicate original amendment to the City Clerk's Office to my attention as soon as possible. Please keep one (I) fully executed duplicate amendment for your records. Please be advised that the resolution and amendment will be null and void if not executed within sixty (60) days, or by Thursday, May 18, 2006. If you have any questions, please do not hesitate to contact me at ext. 3206. Have a blessed day! Eileen Gomez Senior Secretary I hereby acknowledge receipt ofthe above mentioned docurnents. Signed: '~.HY~ . Date: ~- ::5-06 Please sip IlIld return ., . . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 31, 2006 YOUR COPY TO: Captain Robert Curtis Police Department FROM: Eileen Gomez, Senior Secretary City Clerk RE: Transmitting Documents for Signature - Resolution No. 2006-77 At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino adopted Resolution No. 2006-77 - Resolution authorizing the execution of an amendment to the Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2005/06. Attached are a copy of Resolution No. 2006-77, one (1) ORIGINAL first amendment and two (2) duplicate original first amendments to the Professional Services Agreement between Robert Curtis and the City of San Bernardino. Please obtain signatures in the appropriate locations and return the ORIGINAL amendment and one (1) duplicate original amendment to the City Clerk's Office to my attention as soon as possible. Please keep one (1) fully executed duplicate amendment for your records. Please be advised that the resolution and amendment will be null and void if not executed within sixty (60) days, or by Thursday, May 18, 2006. If you have any questions, please do not hesitate to contact me at ext. 3206. Have a blessed day! Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Date: Please sign and return " CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program RECEIVEo-ern CLEi{\< LOOG AI'R - I fJ\ 1\: 2 I DATE: April 5, 2006 TO: Captain Robert Curtis Police Department FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents - Resolution No. 2006-77 At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino adopted Resolution No. 2006-77- Resolution authorizing the execution of an amendment to the Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2005/06. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed~ Date: 0'6~06 Please sign and return