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HomeMy WebLinkAbout2011-001 1 Resolution No. 2011-1 2 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. 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1: The City Manager of the City of San Bernardino is hereby authorized an 8 directed to execute on behalf of said City the second Amendment to the Professional Service 9 Agreement between the City of San Bernardino and Bruce Dunams for Consulting Services i 10 the Code Enforcement Division, a copy of which is attached hereto and incorporated herei 11 marked as Exhibit "A." 12 SECTION 2: The authorization granted hereunder shall expire and be void and of 11 further effect if the second Amendment to the Professional Services Agreement between the Cit~ of San Bernardino and Bruce Dunams is not executed by both parties and returned to the OffiC~ I 13 14 15 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 21 III 22 23 III 24 III 25 III -1- 2011-1 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 joint regular meeting thereof, hel 6 on 10th day of January 7 8 COUNCILMEMBERS: AYES MARQUEZ X 9 DESJARDINS X 10 BRINKER X 11 SHORETT X 12 KELLEY X JOHNSON X 13 MCCAMMACK X 14 15 16 ,2011, by the following vote, to wit: NA YES ABSTAIN ABSENT fJ;aW.4 ~ ~~~~~< Rachel G. Clark, City Cl~k . f?uly{!~ ., * The foregoing resolution IS hereby approved this //nI day 04 I 17 18 January ,2011. 19 20 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney 23 24 By: L? 11~ HR:A~a Items/Reso Side Ltr BRUCE 1-10-11 25 -2 - , 2011-1 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, CONSULTANT asserts that he remains competent, trained and qualifie 12 for the position; and 13 WHEREAS, Section 17 of the aforesaid Professional Services Agreement allows sud 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 19 20 Amendment to the Professional Services Agreement amends only those terms contained herein; 21 such terms not covered by this Second Amendment shall remain in full force and effect as se 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. EXHIBIT "A" -1- 2011-1 1 B. In no case shall the total cost ofthe services delineated above exceed $57,000. N 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. 7 8 The CITY shall have the right to terminate this Agreement at any time by giving a writte 9 notice of termination to CONSULTANT. 10 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 Date9#l-U~o /1 ,2011 14 15 o / Date: Ie<"' IF..,'!' Jr;,. . 2011 ?-f 16 17 18 ATTEST: 19 l~~~~!ffi P? ~:t;'4~l:: 20 21 22 APPROVED AS TO FORM: lA'YI/t4-~~ F. PENMAN, ttomey 23 24 25 HR:Agenda Items/Reso Second Amend Ltr BRUCE 1-10-11 -2 -