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CITY OF SAN BERNARDINO -REQUEST FOR COUNQL ACTION
From: Michael A Billdt, Chief of Police
Dept: Police Department
Date: July 31, 2008
SubjeCt~ Resolution of the City of San
Bernardino authorizing the execution of a
Professional Services Agreement to employ
Robert Curtis on a pan-time basis in Fiscal
Year 2008-09.
M/CC Date: August 18, 2008
Synopsis of Previous Council Action:
6/ 18/2007 Resolution # 2007-197, authorizing the execution of a Professional Services
Agreement to employ Robert Curtis on a pan-time basis in fiscal year 2007-08.
6/ 19/2006 Resolution # 2006-183, authorizing the execution of a Professional Services
Agreement to employ Robert Curtis on a part-titre basis in fiscal yEar 2006-07.
7/ 18/2005 Resolution # 2005-251, authorizing the execution Professional Services Agreement to
employ Robert Curtis on a part-time basis in fiscal yEar 2005-06.
9/7/2004 Resolution # 2004-278, authorizing the execution Professional Services Agreement to
employ Robert Gratis on a part-time basis in fiscal yEar 2004-05.
Recommended Motion:
Adopt Resolution. //~~~'-v~~ ~ ~~~~'~"
MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person: Captain Theodis Henson Phone: 384-5609
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: $51,300
Source: 001-211-5502 General Fund
Council Notes:
Finance
Agenda Item No. ~~
a-(9-OS
Q CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the Ciry of San Bernardino authorizing the execution of a Professional Services
Agreement to employ Robert Curtis on a part-time basis in Fiscal Yeaz 2008-09.
BACKGROUND
Over the past four fiscal years, the City has employed retired Police Captain 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. He has authored or
administered over $15 million in state and federal grants that provide essential funding for police
personnel, equipment and technology. Given the City's current budget constraints, 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 Bernazdino.
The Police Department's current budget is over $69 million and it supports a workforce of 517
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 in the development of the Police Department's
annual budget, including the asset forfeiture and Drug and Gang set aside budgets, and provides
continuing expert advice on budget expenditures.
The Agreement with Robert Curtis has proven to be beneficial to both the Police Department and
the City. In FY 2007-08, Mr. Curtis administered 10 grants totaling over $3.5 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 implement the Combined Hiring Plan to
add (40) police officers and (10) non-sworn civilian positions to the Police
Department's table of organization.
• Worked with Police Administration to prepare a Department Reorganization
proposal and other budget reductions to save the City almost $4 million in FY
2008-09.
• Prepared the Police Department's Measure Z budget for FY 2007-08 and FY
2008-09 to fund additional police positions and needed equipment.
• Worked with IT staff to expand the Red Light Camera program.
• Worked with Patrol to author a Weed & Seed grant application seeking $1.3
million in federal funding over five years. The grant is pending approval in
October 2008.
• Worked with IT staff to design, fund and purchase an in-car crime mapping
program, and a CAD/RMS/ARS upgrade.
• Developed a plan and funding sources to replace the aging analog surveillance
system at the central police facility with astate-of--the-art digital system with 2-
year retention of recorded images.
• Worked with city staff to earmark Drug and Gang set aside funding to support
anti-gang and anti-drug programs administered by the Parks & Recreation
Department and Operation Phoenix.
The Police Department is proposing to renew the Professional Services Agreement with Robert
Curtis in FY 2008-09 for a total not to exceed $51,300, five-percent less than FY 2007-08, which
will provide the City with additional budget savings. Robert Curtis will work a flexible schedule
each week for a total of approximately 790 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 FY
2008-09 General Fund budget to fund the.contract with Robert Curtis.
Adopt Resolution.
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RESOLUTION NO.
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 2008/09.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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
2008/09, a copy of which is attached hereto, marked Exhibit A, and incorporated herein by
reference.
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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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 2008/09.
1 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 , 2008, by the following vote, to wit:
Council Members:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
AYES NAYS ABSTAIN ABSENT
The foregoing Resolution is hereby approved this
Approved as to Form:
F. Penman, City Attorney
Rachel G. Clark, City Clerk
day of , 2008.
Patrick J. Moms, Mayor
City of San Bernardino
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EXHIBIT "A"
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 21~` day of July, 2008, by and between Robert
Curtis, Civilian Administrative Manager ("MANAGER") and the City of San 8emardino
("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:
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.
EXHIBIT "A"
Q 1 b. The MANAGER will be responsible for overseeing any existing Police
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Department grants and will research the feasibility of obtaining additional grant
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funds over the next fiscal year.
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5 2. COMPENSATION AND EXPENSES.
g a. For the services delineated above, the CITY shall pay the MANAGER the sum
7 of 565.00 per hour. The monies paid to the MANAGER over a single fiscal
8 year shall not exceed 551,300. It is anticipated that the MANAGER will work a
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weekly flexible schedule for a total of 790 hours in fiscal year 2008-09.
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b. During the course of the MANAGER'S work related duties, he will be required
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12 to travel to different meetings and functions. On those occasions, the
13 MANAGER will be authorized to use vehicles provided to him by the Police
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15 c. The MANAGER will submit monthly invoices to the Police Department's ~
16 Administrative Services Captain or his designee, who will review, approve, and
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then forward to the City Finance Department for a request for payment. The
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City Finance Department will begin payments only after receiving a complete
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20 W-9 form and a copy of the MANAGER'S Social Security card.
21 3. TERM.
22 The term of this Agreement shall be for a period of one year, commencing July 1, 2008,
~ and terminating on June 30, 2009, unless previously modified, amended, or cancelled by the
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written mutual consent of the parties.
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EXHIBIT "A"
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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 Bemardino 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.
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EXHIBIT "A"
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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 Califomia, and all other applicable laws.
8. GOVERNING LAW.
This Agreement shall be enforced and. interpreted under the laws of the State of
Califomia.
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"
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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:
2008
Robert Curtis
Date: , 2008
ATTEST:
Rachel G. Clark, City Clerk
Approved as to Form:
F. Penman, City Attorney
By:
City of San Bernardino
By:
Fred Wilson, City Manager
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