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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Patrick Morris
Subject: RESOLUTION
AUTHORIZING THE EXECUTION OF
AMENDMENT NO.2 TO THE
PROFESSIONAL SERVICES
AGREEMENT WITH KURT WILSON
Dept: Mayor's Office
Date: December 8, 2006
Meeting Date: December 18, 2006
Synopsis of Previous Council Action:
October 2, 2006 - Mayor and Council adopted Resolution 2006-358, authorizing the
execution of a 3-month extension to the Professional Services Agreement with Kurt
Wilson
Recommended motion:
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Adopt resolution.
Contact person: Jim Morris
Phone: 384-5133
Supporting data attached: staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: $19,998
Source: (Accl. No.) 001-011-5505
(Accl. Description) Other professional services
Council Notes:
Finance:
/?cSt:) c2QO~, - 137
Agenda Item No. J 7
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STAFF REPORT
Subiect:
Resolution authorizing the execution of Amendment No.2 to the Professional Services Agreement
with Kurt Wilson.
Back!!round:
On July 1.2006, 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. On October 2, 2006,
the Mayor and Common Council authorized the execution of an amendment to the agreement,
extending its term through December 31, 2006. A copy of the agreement and amendment are
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 21 I informational
system to enhance residents' access to and use of the services and programs offered
by these local nonprofits; and
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) Helping create a team from the city that will participate in a special statewide taskforce on
anti-gang strategies during the upcoming year organized by the National League of Cities.
(3) Assisting the Mayor's Office in applying for several grants related to community safety
and violence prevention, along with other community partners.
(4) Developing a community garden project at Anne Shirrells Park.
(5) Working with the SCUSD to develop a Youth Summit in October 2006.
The work being performed by Mr. Wilson for the Mayor's office relates to the overall crime-
fighting strategy being deployed by the Mayor known as Operation Phoenix. In early 2007, the
Mayor will be recommending a workshop with the Council to discuss the results and lessons
learned from Operation Phoenix, and recommendations for the sustainability of the strategy. As
part of that discussion, future staffing for Operation Phoenix will need, to be considered. The
proposed amendment would extend the term of Mr. Wilson's services for three (3) additional
months through March 3 I, 2007. The extension is recommended to coincide with the Operation
Phoenix discussion and to allow for the continuation of Mr. Wilson's services through the
transition time.
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Financial Impact:
At $6,666 per month, the cost for the six month contract term through December 31 was $39,996.
The three-month extension to the contract will have an additional cost of $19,998, for a total
contract amount of $59,994. Funds for contractual services are budgeted in the Mayor's Office
budget, in Account No. 001-011-5505.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND CO!\IMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
KURT WILSON
BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City Amendment No. 2 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 a,tlength.
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 sixt)' (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARf)fNO AUTHORIZING THE MA YOR TO EXECVTE
AMENDMENT NO.2 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
7 _dayof
8
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST AI;-.J ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to
Form:
JAM
City
By:
F. PENMAN,
torney
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EXHIBIT A
AMENDMENT NO.2 TO A PROFESSIO:'olAL SERVICES AGREEMENT
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THIS AGREEME]I;T is entered into this 18th day of December, 2006, by and between
Kurt Wilson, an individual ("WILSON"), and the CITY OF SAN BERNARDINO, a charter
city ("CITY").
WHEREAS, the City and WILSON have entered into a Professional Services
Agreement, dated July I, 2006, to retain WILSON as the Director of the Office of Community
Safety and Violence Prevention; and
WHEREAS, the original term of said Professional Services Agreement was from July
1, 2006, through September 30, 2006; and
WHEREAS, on October 2, 2006, the Mayor and Common Council approved an
extension of said Professional Services Agreement through December 31, 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 1. Section 3 of the Professional Services Agreement IS hereby
amended to read as follows:
"3. TERM. The term of this Agreement shall be for nine (9) months, beginning on
July 1,2006, and terminating on March 31, 2007, unless previously modified or amended by
the written mutual consent of the parties, or terminated in accordance with Section II herein."
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13 DATE:
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Approved as to
17 Form:
18 JAMES F. PENMAN,
19 City orney
By:
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AMENDl\IENT NO.2 TO A PROFESSIONAL SERVICES AGREEMEIH
5 IN WITNESS WHEREOF. the parties hereto have caused this Amendment to be
executed as of the date first written above.
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7 DATE:
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CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS, Mayor
By:
KURT WILSON
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AMENDMENT NO.2 TO A PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 18th day of December, 2006, by and between
Kurt Wilson, an individual ("WILSON"), and the CITY OF SAN BERNARDINO, a charter
city ("CITY").
WHEREAS, the City and WILSON have entered into a Professional Services
Agreement, dated July I, 2006, to retain WILSON as the Director of the Office of Community
Safety and Violence Prevention; and
WHEREAS, the original term of said Professional Services Agreement was from July
I, 2006, through September 30, 2006; and
WHEREAS, on October 2, 2006, the Mayor and Common Council approved an
extension of said Professional Services Agreement through December 3 I, 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 1. Section 3 of the Professional Services Agreement IS hereby
amended to read as follows:
"3. TERM. The term of this Agreement shall be for nine (9) months, beginning on
July I, 2006, and terminating on March 3 I, 2007, unless previously modified or amended by
the written mutual consent of the parties, or terminated in accordance with Section I I herein."
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AMENDMENT NO.2 TO A PROFESSIONAL SERVICES AGREEMEl\'T
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date first written above.
CITY OF SAN BERNARDINO
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By:
PATRICK J. MORRIS, Mayor
By:
KURT WILSON
Approved as to
17 Form:
18 JAMES F. PENMAN,
19 City tomey
By: ,~
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2006-358
AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this I" day of October, 2006, by and between
Kurt Wilson, an individual ("'W1LSON"), and the CITY OF SAJ'i BERNARDINO, a charter
city ("CITY").
WHEREAS, the City and WILSON have entered into a Professional Services
Agreement, dated July I, 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 MLSON 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 1. Section 3 of the Professional Services Agreement IS hereby
amended to read as follows:
"3. TER1\1. The term of this Agreement shall be for six (6) months, beginning on
July I, 2006, and terminating on December 31, 2006, unless previously modified or amended
by the written mutual consent of the parties, or terminated in accordance with Section II
herein. "
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2006-358
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AMENDMENT TO A PROFESSIO~AL SERVICES AGREEMENT
4 TN 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
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P TRlCK J. ORRI, or
By: 'J L-..
KURt WILSON
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Approved as to
16 Form:
17 JAMES F. PENMAN,
18 City
By:
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 1st day of July, 2006, by and between Kurt
Wilson, an individual ("\VILSON"), and the CITY OF SAN BERNARDfNO, a charter city
4 ("CITYo")
5 WHEREAS, the Mayor has determined that it is advantageous and in the best interest of
6 the CITY to engage a professional to oversee the organization, development, and operation of an
7 Office of Community Safety and Violence Prevention within the Mayor's Office;
8 WHEREAS, the City desires to retain WILSON as the Director of the Office of
9 Community Safety and Violence Prevention;
10 WHEREAS, WILSON possesses the professional skills and abilities to perform the
11 aforementioned work for the Mayor and the Cityo
12 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
13 parties hereto agree as follows:
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1.
SCOPE OF SERVICES. City hereby retains WILSON to provide the following
15 consulting services:
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ao 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
resources, better coordinate programs and services, and deliver improved outcomes for the
communityo
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2. COMPEl\'SATlON AND EXPENSES.
a. CITY shall compensate WILSON for services provided pursuant to this
Agreement at the rate of $6,666.00 per month over the total term of this Agreement.
b. During the term of this Agreement, WILSON shall bill and the CITY shall
reimburse him for all reasonable and approved out-of-pocket expenses which are incurred in
connection with the aforesaid duties.
c. WILSON shall submit monthly invoices to the Mayor or his designee for
consulting services and reimbursable expenses. The Mayor or his designee shall accept or reject
such invoices and shall forward to the CITY's Finance Department for payment those invoices
accepted for payment.
3. TERM. The term of this Agreement shall be for three (3) months, beginning on
July 1,2006, and terminating on September 30, 2006, unless previously modified or amended by
the written mutual consent of the parties, or terminated in accordance with Section II herein.
4, RIGHT TO AUDIT. The CITY or any of its duly authorized representatives shall
have access to the books and financial records of WILSON which are pertinent to the services
rendered herein for purposes of performing an audit. The books and financial records generated
by WILSON pertaining to the professional consulting services rendered herein shall be retained by
WILSON for three (3) years following expiration of this Agreement or for a longer period as
required by law. WILSON shall maintain logs during the term of this Agreement documenting the
time expended by WILSON to perform the services required hereunder, which shall be available
for inspection upon request of the CITY.
5. INDEPENDENT CONTRACTOR. WILSON, at all times while performing
under this Agreement, is an independent contractor and WILSON shall not be an agent or employee
of CITY. CITY is not responsible for withholding, and shall not withhold, FICA or taxes of any
kind from any payments which are owed to WILSON. WILSON shall not be entitled to receive
anybenefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical. insurance, life insurance, paid
vacations, paid holidays, pension, profit sharing, or Social Security on account of his work for
SDE/edl Agrecmcnls[KurtWilson. ProfSvcAgj
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2006-358
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CITY. This Agreement does not create the relationship of agent. servant. employee, partnership,
or joint venture between the parties.
6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly understood
that the experience, knowledge, capability, and reputation of WILSON was a substantial
inducement to enter into this Agreement. Therefore, WILSON shall not contract with any other
individual or entity to perform, in whole or in part, the services required hereunder without the prior
written approval of CITY.
7. POLITICAL REFORM ACT. In performing the services set forth in Section
of this Agreement in the capacity of a consultant, WILSON is acting as a public official as
defined by the Political Reform Act of 1974, Government Code Section 871 00 et seq. ("Act") and
WILSON shall be subject to, and agree to abide by, the Act's requirements, including, but not
limited to, those: (i) banning certain gift and honoraria; (ii) prohibiting participation in certain
political activities and decisions; and (iii) requiring public disclosure of personal economic interests
through the filing of Fair Political Practice Commission Form 700. WILSON specifically
covenants to abide by all provisions of the Act applicable to him and all similar or related
provisions of the CITY's Charter and Municipal Code.
8. INDEMNIFICATION. WILSON agrees and promises to indemnifY, defend, and
hold harmless CITY, its elected and appointed boards, com~issions, 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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2006-358
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9. NONDISCRIMINATION. In the performance of this Agreement and in the
hiring and recruitment of employees, WILSON shall not discriminate on the basis of race, creed,
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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 "0" Street
San Bernardino, CA 92418
Fax: (909) 384-5067
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TO WILSON:
Kurt Wilson
634 West Arbetch Street
Rialto, CA 92377
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
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service or telephonically verified fax transmission which shall be deemed effective upon actual
receipt thereof Either party may change their address for receipt of written notice by so notifying
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II.
TERMINATION.
a.
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.
b.
Notwithstanding Section I I (a) above, this Agreement shall automatically
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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(a)
(b)
The death of WILSON;
The disability of WILSON which, for purposes hereof, shall mean
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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(c)
The end of the term of the Mayor, whatever the reason;
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2006-358
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(d)
(e)
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The material breach, by WILSON, of this Agreement;
The material breach, by CITY, of this Agreement;
The conviction of WILSON of any felony or any crime invOlving
4 moral turpitude;
5 (g) The material violation, by WILSON, of the Act or any law,
6 regulation or policy designed to assure ethics in goverrunent or public access to infolTIlation
7 concerning goverrunent; or
8 (h) The mutual agreement of CITY and WILSON.
9 c. Upon telTIlination of this Agreement, WILSON shall be entitled to receive
10 only compensation accrued pursuant to Section 2 above for services actually rendered but unpaid
11 as of the date oftelTIlination and shall not be entitled to additional compensation.
12 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
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
superseded by this Agreement.
13. GOVERNING LAW. This Agreement shall be interpreted and enforced under
the laws of the State of California.
14. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing
party shail be entitled to reasonable attorney's fees. The cost, salary, and expenses of the City
Attorney and members of hislher office in enforcing this contract on behalf of the CITY shall be
21 considered "attorneys fees" for the purposes of this paragraph.
22 IS. 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.
27 16. WAIVER. Failure of either party to enforce any provision of this Agreement shall
28 not constitute a waiver of the right to compel enforcement of the remaining provisions of this
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2006-358
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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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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 behalfofsaid 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:@ __<>---
R, K J. MORR:lS,-Mayor
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By: /}
KURT WILSON
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DATE:
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18 Approved as to
Form:
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JAMES F. PENMAN
City ~ttomey. fJ
Byr }te~___
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):. 1.;2-/ t'-O(P Item # /7 Resolution #
V ote: Ayes 1/4 3, i/, 5", ~, 7 Nays er Abstain-er
c20oi.P-1J7
Absent 0
Change to motion to amend original documents D
Companion Resolutions
NullNoidAfter: tf?tJ _days/ 02-/~~-t/{-
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor: /c2_-Ic;?-O 47
Date of Mayor's Signature: /,;1.. ~o-(;J t,,>
Date of ClerklCDC Signature: I~- .;2,) -0(,>
Reso. Log Updated: K
Seal Impressed: ~
Reso_ # on Staff Report ~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned: /~ ..:28 -O~' Not Returned: D
2'" Remindcr Letter Sent:
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_
Copies Distributed to: i~ -.,J.,,;o -Ow
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
D EDA
~ kuJ!u.duJ-acilities
;g~~~J Finance
D Fire Department
D
Information Services
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D
D
D
D
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Human Resources
D ~ Parks & Recreation
)Q'1IJ1'?"/'\ Police Department
D Public Services
D Water Department
Notes:
Ready to File: _
Date:
Revised 12/18/03