HomeMy WebLinkAbout09-Human Resources
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
LINN LIVINGSTON
DIRECTOR OF HUMAN
RESOURCES
Subject: Resolution Authorizing the
Execution of a Second Amendment to
the Professional Services Agreement
between the City of San Bernardino and
Bruce Dunams.
Dept: HUMAN RESOURCES
Date: JANUARY 5, 2011
MICC Meeting Date: JANUARY 10, 2011
Synopsis of Previous Council Action:
On November 15, 2010, Mayor and Common Council approved the resolution authorizing the
execution of an amendment to the Professional Services Agreement between the City of San
Bernardino and Bruce Dunams.
Recommended Motion:
Adopt Resolution.
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Contact person:
Linn LivinQston
Phone:
384-5161
Supporting data attached:
Yes
Ward:
All
FUNDING REQUIREMENTS: Amount:
$16.300 (Not to exceed $57.000)
Source: (Acct. No.)
001-180-5011-0000-0001
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. q
Me c b\ .- \ D- \ t
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution Authorizing the Execution of a Second Amendment to the Professional Services Agreement
Between the City of San Bernardino and Bruce Dunams.
Backf!round:
The Code Enforcement Division Manager position was vacated in June, 2010. Mr. Dunams was
retained in August, 2010, to assist the Code Enforcement Division during the recruitment process for a
Code Enforcement Division Manager. Additionally, with the adoption of the 2010/2011 budget, the
Community Development Department was established and integrated the Code Enforcement Division.
The new department will benefit from Mr. Dunams' knowledge in completing the transition.
This Second Amendment to the Professional Services Agreement with Bruce Dunams is to extend his
contract services, without benefits, to continue supervision of the Code Enforcement Division until the
hiring of a Code Enforcement Division Manager, or February 15, 2011, whichever comes first. The
vacancy has provided an overall cost savings to the City. The Human Resources Department
anticipates the hiring of this position prior to the expiration of Mr. Dunams' contract. The Human
Resources Department supports the recommendation ofthis Resolution.
Financial Impact
Funds for this contract, which will not exceed $57,000, are available in the Community Development
Department's account (001-180-5505-0000-0021). This Second Amendment is equal to $16,300 above
the previous contract agreement. Savings will be generated from vacancies in the Code Enforcement
Division since July 1, 2010.
Account: 001-180-5505-0000-0021 Budgeted Amount: $221,900
Balance as of 1/4/11: $60,064 Balance after approval of this item: $43,764
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Recommendation:
Adopt Resolution.
HR:Agenda Items/SR.Dunams Ext.I-1 0-11
1
Resolution No.
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRUCE DUNAMS.
2
4
12
SECTION 2: The authorization granted hereunder shall expire and be void and of n
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The City Manager of the City of San Bernardino is hereby authorized an
7
directed to execute on behalf of said City the second Amendment to the Professional Service
8
9
Agreement between the City of San Bernardino and Bruce Dunams for Consulting Services i
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the Code Enforcement Division, a copy of which is attached hereto and incorporated herei
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marked as Exhibit "A."
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further effect if the second Amendment to the Professional Services Agreement between the Cit
14
of San Bernardino and Bruce Dunams is not executed by both parties and returned to the Offic
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of the City Clerk within sixty (60) days following the effective date of the Resolution.
16
III
17
III
18
III
19
III
20
III
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III
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23 III
24 III
25 III
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1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRUCE DUNAMS.
2
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 the Common Council of the City of San Bernardino at a
meeting thereof, he1
6 on
day of
,2011, by the following vote, to wit:
7
8 COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT
9 MARQUEZ
DESJARDINS
10
BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
MCCAMMACK
14
15
16
Rachel G. Clark, City Clerk
17
The foregoing resolution IS hereby approved this
day 0
18
, 2011.
19
20
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
22
23
JAMES F. PENMAN,
City Attorney
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By: L 1. t1~
HR:A~a Items/Reso Side Ltr BRUCE 1-10-11
25
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I EXHIBIT "A" I
1
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN BRUCE DUNAMS
AND THE CITY OF SAN BERNARDINO
2
3
The SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMEN
4
is made and entered into this 10th day of January, 2011, by and between the CITY OF SA
5
BERNARDINO, a charter city ("CITY"), and BRUCE DUNAMS, an individual (hereafte
6
referred to as "CONSULTANT"):
7
WITNESSETH:
8
9
WHEREAS, parties hereto entered into a Professional Services Agreement dated Augus
10
9,2010 for the services of Code Enforcement Consultant; and
11
WHEREAS, CONSULT ANT asserts that he remains competent, trained and qualifie
12
for the position; and
13
WHEREAS, Section 17 of the aforesaid Professional Services Agreement allows suc
14
Agreement to be amended by a written agreement executed by the parties; and
15
WHEREAS, the parties desire to enter into the second Amendment to Professiona
16
Services Agreement;
17
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
18
1. SECOND AMENDMENT TO EMPLOYMENT AGREEMENT. The secon
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Amendment to the Professional Services Agreement amends only those terms contained herein.
20
such terms not covered by this Second Amendment shall remain in full force and effect as se
21
22
forth in said Professional Services Agreement dated August 9, 2010.
23
2.
COMPENSATION AND EXPENSES.
24
A.
For the services delineated in the Professional Services Agreement, the CIT
25 shall pay CONSULTANT an hourly rate of$58.00, not to exceed $57,000.
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1
In no case shall the total cost of the services delineated above exceed $57,000. N
B.
2
other expenditures made by CONSULTANT shall be reimbursed by CITY.
3
3.
TERM. The term of this Professional Services Agreement is extended to February 15
4
2011, or until total compensation in the amount of $57,000 has been made, whichever come
5
first, unless previously modified, amended or cancelled. This is approximately $16,300 above th
6
approved compensation amount set forth in the Professional Services Agreement.
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The CITY shall have the right to terminate this Agreement at any time by giving a writte
8
notice of termination to CONSULT ANT.
9
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment t
11
Professional Services Agreement on the 10th day of January, 2011.
12
13 Date:
,2011
By:
Patrick J. Morris, Mayor
City of San Bernardino
14
15
16
Date:
,2011
Bruce Dunams
17
18 ATTEST:
19
Rachel Clark, City Clerk
20
21
22
23
24
25
HR:Agenda Items/Reso Second Amend Ltr BRUCE 1-10-11
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1
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN BRUCE DUNAMS
AND THE CITY OF SAN BERNARDINO
2
3
The SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMEN
4
is made and entered into this 10th day of January, 2011, by and between the CITY OF SA
5
BERNARDINO, a charter city ("CITY"), and BRUCE DUNAMS, an individual (hereafte
6
referred to as "CONSULTANT"):
7
WITNESSETH:
8
9
WHEREAS, parties hereto entered into a Professional Services Agreement dated Augus
10
9,2010 for the services of Code Enforcement Consultant; and
11
WHEREAS, CONSULT ANT asserts that he remains competent, trained and qualifie
12
for the position; and
13
WHEREAS, Section 17 of the aforesaid Professional Services Agreement allows suc
14
Agreement to be amended by a written agreement executed by the parties; and
15
WHEREAS, the parties desire to enter into the second Amendment to Professiona
16
Services Agreement;
17
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
18
1. SECOND AMENDMENT TO EMPLOYMENT AGREEMENT. The secon
19
Amendment to the Professional Services Agreement amends only those terms contained herein;
20
such terms not covered by this Second Amendment shall remain in full force and effect as se
21
22
forth in said Professional Services Agreement dated August 9, 2010.
23
2.
COMPENSATION AND EXPENSES.
24
A.
For the services delineated in the Professional Services Agreement, the CIT
25 shall pay CONSULTANT an hourly rate of$58.00, not to exceed $57,000.
-1-
1
B.
In no case shall the total cost of the services delineated above exceed $57,000. N
2
other expenditures made by CONSULT ANT shall be reimbursed by CITY.
3
3.
TERM. The term of this Professional Services Agreement is extended to February 15
4
2011, or until total compensation in the amount of $57,000 has been made, whichever come
10
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment t
5
first, unless previously modified, amended or cancelled. This is approximately $16,300 above th
6
approved compensation amount set forth in the Professional Services Agreement.
7
The CITY shall have the right to terminate this Agreement at any time by giving a writte
8
notice of termination to CONSULT ANT.
9
11
Professional Services Agreement on the 10th day of January, 2011.
12
,2011
By:
Patrick J. Morris, Mayor
City of San Bernardino
13 Date:
14
15
16 Date: ,2011
17
18 ATTEST:
19
Rachel Clark, City Clerk
20
21
APPROVED AS TO FORM:
22 l"''Y11L4-_~
23 F. PENMAN,
24 ttorney
Bruce Dunams
25
HR:Agenda Items/Reso Second Amend Ltr BRUCE 1-10-11
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