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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Patrick Morris
Subject: RESOLUTION
AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE
PROFESSIONAL SERVICES
AGREEMENT WITH KURT WILSON
Dept: Mayor's Office
Date: September 27,2006
Meeting Date: October 2, 2006
Synopsis of Previous Council Action:
Recommended motion:
Adopt resolution.
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Contact person: Jim Morris
Phone: 384-5133
Supporting data attached: staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: $19,998
Source: (Acct. No.) 001-011-5505
(Ace!. Description) Other professional services
Finance:
Council Notes:
Agenda Item No. S I
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STAFF REPORT
r- Subiect:
~ Resolution authorizing the execution of an amendment to the Professional Services Agreement with
Kurt Wilson
Backl!:round:
On July I, 2006, the Mayor executed a professional services agreement with Kurt Wilson. The
agreement called for Mr. Wilson to serve as the Director of the Office of Community Safety and
Violence Prevention within the Mayor's office through September 30, 2006. A copy of this
agreement is attached.
Since beginning his contractual relationship with the Mayor's Office in July 2006, Mr. Wilson has
been instrumental in commencing the following discrete projects and initiatives:
(I) Developing a database and informational network of local nonprofit agencies in the city of
San Bernardino for the purposes of:
a. Integrating these nonprofits into the County's newly-launched 211 informational
system to enhance residents' access to and use of the services and programs offered by
these local nonprofits; and
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b. Sharing information, collaborating, and acting as a partner and resource for these local
nonprofits on grants and other opportunities that increase the nonprofits' capacity and
improve outcomes
(2) Designing and developing a college internship program for the Mayor's Office
(3) Assisting the Mayor's Office in applying for several grants related to violence prevention
(4) Developing a community garden project at Anne Shirrells Park
(5) Working with the SCUSD to develop a Youth Summit in October
Mr. Wilson's work with the Mayor's Office has been extremely valuable over the past three months,
but an additional three months are needed to complete the above-referenced projects and initiatives,
and to properly evaluate the effectiveness of the Office of Community Safety and Violence
Prevention.
The proposed amendment would extend the term of Mr. Wilson's services through December 31,
2006.
Financial Imoact:
The cost for the original three month contract was $6,666 per month, for a total of $19,998. The cost
to the City for the three month extension of the contract will be an additional $19,998, bringing the
total cost for the six month term to $39,996. Funds for contractual services are budgeted in the
Mayor's Office budget, in Account No. 001-011-5505.
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Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE l\IA YOR TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KURT
WILSON
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION l. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an amendment to the Professional Services
Agreement with Kurt Wilson, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as though fully set forth at length.
12 SECTION 2. The authorization to execute the above referenced agreement is
13 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
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of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KURT
WILSON
I 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
,2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick J. Morris, !\'layor
City of San Bernardino
Approved as to
Form:
JAM.~S F. PENMAN,
City 1'J:torney ) .
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AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 1 st day of October, 2006, by and between
Kurt Wilson, an individual ("\VILSON"), and the CITY OF SAN BERo"JARDINO, a charter
city ("CITY").
WHEREAS, the City and WILSON have entered into a Professional Services
Agreement, dated July 1, 2006, to retain WILSON as the Director of the Office of Community
Safety and Violence Prevention; and
WHEREAS, the term of said. Professional Services Agreement extended through
September 30, 2006; and
WHEREAS, both the City and WILSON desire to extend the term of the Professional
Services Agreement for an additional three (3) months;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein,
the parties hereto agree as follows:
SECTION I.
Section 3 of the Professional Services Agreement IS hereby
amended to read as follows:
"3. TERM. The term of this Agreement shall be for six (6) months, beginning on .
July 1, 2006, and terminating on December 31, 2006. unless previously modified or amended
by the \\Titten mutual consent of the parties, or terminated in accordance with Section 11
herein. "
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AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date first written above.
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DATE:
CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS, Mayor
DATE:
By:
KURT WILSON
Approved as to
16 Form:
17 JAMES F. PENMAN,
18 City Altomey 7
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C
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PROFESSIONAL SERVICES AGREEMENT
2
THIS AGREEMENT is entered into this 1st day of July. 2006, by and between Kurt
3 Wilson, an individual ("WILSON"), and the CITY OF SAN BERNARDINO, a charter city
("CITY.")
WHEREAS, the Mayor has determined that it is advantageous and in the best interest of
the CITY to engage a professional to oversee the organization, development, and operation of an
Office of Community Safety and Violence Prevention within the Mayor's Office;
WHEREAS, the City desires to retain WILSON as the Director of the Office of
Community Safety and Violence Prevention;
WHEREAS, WILSON possesses the professional skills and abilities to perform the
aforementioned work for the Mayor and the City.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein. the
parties hereto agree as follows:
1. SCOPE OF SERVICES. City hereby retains WILSON to provide the following
consulting services:
a. Acting as the Director of the Office of Community Safety and Violence
Prevention, WILSON shall advise the Mayor, and carry out and supervise such tasks, programs,
and assignments given to him by or on behalf of the Mayor that will: (i) facilitate a collaborative
process in the community to create a well-integrated network of programs and services delivered
by community-based organizations, faith-based organizations, social service agencies, businesses,
school district, police, and criminal justice agencies, resulting in increased neighborhood safety and
reduceq violence in our city; and (ii) coordinate and collaborate existing and new grass roots
programs and services, with social service and law enforcement agencies, to greater leverage scarce
[esources, better coordinate programs and services, and deliver improved outcomes for the
community.
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SDE/ed/ Agreemenls[KunW ilson. ProfSvcAg}
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2.
COMPENSATION AND EXPENSES.
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a.
CITY shall compensate WILSON for services provided pursuant to this
3 Agreement at the rate of $6,666.00 per month over the total term of this Agreement.
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b.
During the term of this Agreement, WILSON shall bill and the CITY shall
5 reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in
6 connection with the aforesaid duties.
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c.
WILSON shall submit monthly invoices to the Mayor or his designee for
8 consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject
9 such invoices and shall forward to the CITY's Finance Department for payment those invoices
10 accepted for payment.
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3.
TERM. The term of this Agreement shall be for three (3) months, beginning on
12 July 1,2006, and terminating on September 30,2006, unless previously modified or amended by
13 the written mutual consent of the parties, or terminated in accordance with Section II herein.
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4.
RIGHT TO AUDIT. The CITY or any of its duly authorized representatives shall
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have access to the books and financial records of WILSON which are pertinent to the services
16 rendered herein for purposes of performing an audit. The books and financial records generated
17 by WILSON pertaining to the professional consulting services rendered herein shall be retained by
18 WILSON for three (3) years following expiration of this Agreement or for a longer period as
19 required by law. WILSON shall maintain logs during the term of this Agreement documenting the
20 time expended by WILSON to perform the services required hereunder, which shall be available
21 for inspection upon request of the CITY.
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5.
INDEPENDENT CONTRACTOR. WILSON, at all times while performing
23 under this Agreement, is an independent contractor and WILSON shall not be an agent or employee
24 of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or taxes of any
25 kind from any payments which are owed to WILSON. WILSON shall not be entitled to receive
26 any benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
27 compensation insurance, unemployment compensation, medical insurance, life insurance, paid'
28 vacations, paid holidays, pension, profit sharing, or Social Security on account of his work for
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SDE/cdl Agrc:emc:nts(KurtWilson. ProfSvcAg]
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1 CITY. This Agreement does not create the relationship of agent, servant, employee, partnership,
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or joint venture between the parties.
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PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood
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4 that the experience, knowledge, capability, and reputation of WILSON was a substantial
5 inducement to enter into this Agreement. Therefore, WILSON shall not contract with any other
6 individual or entity to perform, in whole or in part, the services required hereunder without the prior
7 written approval of CITY.
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POLITICAL REFORM ACT. In performing the services set forth in Section
7.
9 of this Agreement in the capacity of a consultant, WILSON is acting as a public official as
10 defined by the Political Reform Act of 1974, Government Code Section 87100 et seq. ("Act") and
11 \VILSON shall be subject to, and agree to abide by, the Act's requirements, including, but not
12 limited to, those: (i) banning certain gift and honoraria; (ii) prohibiting participation in certain
13 political activities and decisions; and(iii) requiring public disclosure of personal economic interests
14 through the filing of Fair Political Practice Commission Form 700. WILSON specifically
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covenants to abide by all provisions of the Act applicable to him and all similar or related
16 provisions of the CITY's Charter and Municipal Code.
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INDEMNIFICATION. WILSON agrees and promises to indemnify, defend, and
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hold harmless CITY, its elected and appointed boards, commissions, officers, attorneys, agents, and
employees from and against any claims, losses, demands, suits, administrative actions, penalties
and expenses incurred by CITY with respect to (i) any benefits which employees of CITY are
entitled to receive, including, but not limited to, workers' compensation insurance, unemployment
compensation, medical insurance, life insurance, pension, profit sharing, or Social Security which
were not supplied to WILSON in the performance of this Agreement, (ii) the. failure of CITY to
withhold the cost of such benefits or for taxes, or (iii) any assertion that by reason hereof or the
services to be performed pursuant to this Agreement, WILSON is an employee of the CITY.
WILSON specifically waives any claim of rights or benefits, whether present or future, under the
CITY's pension plans, fringe benefit plans afforded employees of the CITY, workers'
compensation or unemployment insurance or other benefits normally afforded employees of the
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CITY
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NONDISCRIMINATION. In the performance of this Agreement and in the
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3 hiring and recruitment of employees, WILSON shall not discriminate on the basis of race, creed,
4 color, religion, sex, sexual orientation, physical or mental disability, medical condition, pregnancy,
5 child birth or related medical conditions of any female employee, marital status, age, ethnic
6 background. ancestry, or national origin.
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10.
NOTICE. Any notice to be given pursuant to this Agreement shall be deposited
8 with the United States Postal Service, postage prepaid and addressed as follows:
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TO CITY:
Office of the Mayor
300 North "D" Street
San Bernardino, CA 92418
Fax: (909) 384-5067
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TO WILSON:
Kurt Wilson
634 West Arbetch Street
Rialto, CA 92377
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Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service or telephonically verified fax transmission which shall be deemed effective upon actual
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16 receipt thereof. Either party may change their address for receipt of written notice by so notifYing
17 the other party in writing.
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TERMINATION.
11.
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CITY or WILSON may terminate the services provided under Section I of
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20 this Agreement upon thirty (30) days written notice to the other party.
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Notwithstanding Section I I(a) above, this Agreement shall automatically
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22 terminate upon notice given by the aggrieved party on or after the occurrence of any of the
23 following events:
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The death of WILSON;
The disability of WILSON which, for purposes hereof, shall mean
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(a)
(b)
26 the inability of WILSON, because of injury or illness, to perform services hereunder for a period
27 of thirty (30) days or longer;
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The end of the term of the Mayor, whatever the reason;
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The material breach, by WILSON, of this Agreement;
The material breach, by CITY, of this Agreement;
The conviction of \V[LSON of any felony or any crime involving
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4 moral turpitude;
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The material violation, by WILSON, of the Act or any law,
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6 regulation or policy designed to assure ethics in government or public access to information
7 concerning government; or
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The mutual agreement of CITY and WILSON.
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Upon termination of this Agreement, WILSON shall be entitled to receive
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10 only compensation accrued pursuant to Section 2 above for services actually rendered but unpaid
11 as of the date of termination and shall not be entitled to additional compensation.
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ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
12.
13 between the parties. Any correspondence, letters, documents, or discussions leading up to this
14 Agreement or in any other way made between the parties or their agents are replaced and
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superseded by this Agreement.
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GOVERNING LAW. This Agreement shall be interpreted and enforced under
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17 the laws of the State of California.
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ATTORNEY'S FEES. [n any litigation relating to this Agreement, the prevailing
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19 party shall be entitled to reasonable attorney's fees. The cost, salary, and expenses of the City
20 Attorney and members of his/her office in enforcing this contract on behalf of the CITY shall be
21 considered "attorneys fees" for the purposes of this paragraph.
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15.
SEVERABILITY. If any part or provision of this Agreement is in conflict or
23 inconsistent with applicable provisions of federal, state, or city statutes, or it is otherwise held to
24 be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be
25 suspended and superseded by such applicable law or regulation, and the remainder of this
26 Agreement shall not be affected thereby.
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WAIVER. Failure of either party to enforce any provision of this Agreement shall
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not constitute a waiver of the right to compel enforcement of the remaining provisions of this
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Agreement.
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AMENDMENT. This Agreement may only be amended by a written agreement
3 executed by the parties, and may not be amended by oral agreement.
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ASSIGNMENT. This Agreement shall not be assigned by WILSON without the
5 prior written consent of the CITY.
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19.
AUTHORITY. The person(s) executing this Agreement on behalf of the parties
7 hereto warrant(s) that they are duly authorized to execute this Agreement on behalf of said parties.
8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
9 as of the date first written above.
DATE:
CITY OF SAN BERNARDINO
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BY:@ _ ~
TR. K J. M ayor
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By: . /
KURT WILSON
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DATE:
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18 A pproved as to
Form:
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JAMES F. PENMAN
City ~ttorney ..'/
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