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HomeMy WebLinkAbout30-Police Department e e e OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION From: Michael A Billdt, Chief of Police Subject: Resolution of the Gtyof San Bernardino authorizing the execution of a Professional Services Agreement to employ Raben Gntis on a pan-time basis in Fiscal Year 2007/08. Dept: Police Depanment Date: May 29, 2007 M/ CC Date: June 18, 2007 Synopsis of Previous Council Action 6/19/2006 Resolution # 2006-183, authorizing the execution of an agreement to employ Raben Gmis on a pan-time basis in fiscal year 2006/07. 7/18/2005 Resolution # 2005-251, authorizing the execution of an agreement to employ Raben Gmis on a pan-time basis in fiscal year 2005/06. 9/7/2004 Resolution # 2004-278, authorizing the execution of an agreement to employ Raben Gmis on a pan-time basis in fiscal year 2004/05. Recommended Motion: Adopt resolution. ('11UJIf~ MIa-IAEL A BILLDT, a-IIEF OF palla Contact person: Captain Theodis Henson Phone: 384-5609 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $54,000 Source: 001-211-5502 Council Notes: Finance Agenda Item No. JD (p//r/ /) 7 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the City of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2007/08. 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. For the past three fiscal years, the City has employed Robert Curtis on a part-time basis as a civilian administrative manager. In this capacity, he has maintained existing police grants and researched and procured additional grant funds. The Police Department's current budget is over $57.2 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. Mr. Curtis has assisted the Administrative Services captain with budget-related matters. The Agreement with Robert Curtis has proven to be beneficial to both the Police Department and the City. In FY 2006/07, Mr. Curtis administered over $5.9 million in police grants that covered the personnel costs of 20 police employees and provided needed equipment and technology items. Additionally, he completed or is currently working on the following administrative projects. . Worked with Police Administration to develop the Combined Hiring Plan to add (40) police officers and (10) non-sworn civilian positions to the Police Department's table of organization. . Prepared the Police Department's Measure Z budget for FY 2006/07 and FY 2007/08 to fund additional police positions and needed equipment. . Currently working with Patrol to prepare a Weed & Seed grant application that will culminate in FY 2007/08 seeking $1.3 million in federal funding over five years. . Currently preparing a FY 2007 Edward Byrne Memorial Discretionary grant application for $300,000 for police technology. . Worked with Police and IT staff to develop the contract for helicopter services. . Worked with IT staff to develop bid specifications for enhanced City Jail services and to convert a replacement truck for SWAT operations. tit tit tit . Worked with City Staff to earmark $95,100 in Drug and Gang set aside funding to support anti-gang and anti-drug programs administered by the Parks & Recreation Department and Operation Phoenix. Worked with the Traffic Unit to complete a $1.1 million Traffic Safety Grant that added four motor officers and needed equipment. Assisted in developing the Police Department's responses to the recommendations contained in the Management Audit prepared by Management Partners, Inc. Participated in meetings with the Police Department's Executive Staff to draft a proposal to reorganize the Police Department. . . . The Police Department is proposing to renew the Agreement under the same terms as in FY 2006/07. The contract term is for Fiscal Year 2007/08. Robert Curtis will work a flexible schedule each week for a total of approximately 831 hours over 52 weeks. He will be compensated at a rate $65.00 per hour. The contract is included with this documentation and listed as "Exhibit A." FINANCIAL IMPACT $54,000 has been included in Account #001-211-5502 of the Police Department's proposed budget to fund this contract and included in the City's General Fund Preliminary Budget for FY 2007108. RECOMMENDATIONS Adopt resolution. e e e RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO EMPLOY 3 ROBERT CURTIS ON A PART-TIME BASIS IN FISCAL YEAR 2007/08. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION I. The City Manager is hereby authorized to execute on behalf of the City a Professional Services Agreement between the City of San Bernardino and Robert Curtis to act as the Police Department's Civilian Administrative Manager on a part-time basis in Fiscal Year 2007/08, a copy of which is attached hereto, marked Exhibit A, and incorporated herein by 7 8 9 reference. 10 11 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. 12 13 14 III 15 III 16 III 17 /11 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 1/1 -1- . RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO EMPLOY 2 ROBERT CURTIS ON A PART-TIME BASIS IN FISCAL YEAR 2007/08. 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 7 Council Members: 8 ESTRADA 9 BAXTER to BRINKER 11 DERRY 12 KELLEY . 13 JOHNSON 14 MCCAMMACK 15 16 17 ,2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 18 The foregoing Resolution is hereby approved this _ day of ,2007. 19 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 Approved as to Form: 23 24 . 25 -2- . . . ---r----T--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 18th day of June, 2007, 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 parties 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. e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY shall pay the MANAGER the sum of $65.00 per hour. The monies paid to the MANAGER over a single fiscal year shall not exceed $54,000. It is anticipated that the MANAGER will work a weekly flexible schedule for a total of831 hours in fiscal year 2007/08. 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 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 July 1,2007, and terminating on June 30, 2008, unless previously modified, amended, or cancelled by the written mutual consent of the parties. 2 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 9240 I 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 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. II. 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 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ,2007 By: Date: ,2007 By: ATTEST: Rachel Clark, City Clerk Approved as to Form: ~ es F. Penman, City Attorney 5 Robert Curtis City of San Bernardino Fred Wilson, City Manager