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HomeMy WebLinkAbout16- Human Resources ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: LINN LIVINGSTON Subject: Resolution Authorizing the DIRECTOR OF HUMAN Execution of an Amendment to the RESOURCES Professional Services Agreement between the City of San Bernardino and Bruce Dunams. Dept: HUMAN RESOURCES Date: NOVEMBER 3, 2010 M/CC Meeting Date: NOVEMBER 15, 2010 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Signature Contact person: Linn Livingston Phone: 384-5161 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Not to exceed $40,700 Source: (Acct. No.) 001-180-5505-0000-0001 (Acct. Description) Finance: Council Notes: O — &6 9 Agenda Item No. Ap 1-/5-,)-D1 D x CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION --Staff Report —--- I Subject: Resolution Authorizing the Execution of an Amendment to the Professional Services Agreement i Between the City Of San Bernardino and Bruce Dunams. Background: 1 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 Amendment to the Professional Services Agreement with Bruce Dunams is to extend his contract 1 services, without benefits, to continue supervision of the Code Enforcement Division until the hiring of a Code Enforcement Division Manager, or January 10, 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 of this Resolution. Financial Impact Funds for this contract, which will not exceed $40,700, are available in the Community Development Department's account (001-180-5505-0000-0021). This Amendment is equal to $15,700 above the original 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 11/8/10: $71,263 Balance after approval of this item: $30,563 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. 3 HR:Agenda Items/SR.Dunams Ext.11-15-10 IeW lAzen,L�t Pages COPY 1 Resolution No. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 4 BERNARDINO AND BRUCE DUNAMS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 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 Amendment to the Professional Service 8 9 Agreement between the City of San Bernardino and Bruce Dunams for Consulting Services in 10 the Code Enforcement Division, a copy of which is attached hereto and incorporated hereirl 11 marked as Exhibit"A." 12 SECTION 2: The authorization granted hereunder shall expire and be void and of no 13 further effect if the Amendment to the Professional Services Agreement between the City of San 14 Bernardino and Bruce Dunams is not executed by both parties and returned to the Office of th 15 City Clerk within sixty (60) days following the effective date of the Resolution. 16 17 18 19 20 21 22 23 24 25 co -1- 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO 2 THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND BRUCE DUNAMS. 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, held 6 on day of , 2010, by the following vote, to wit: 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 9 MARQUEZ DESJARDINS 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON MCCAMMACK 14 15 Rachel G. Clark, City Clerk 1� The foregoing resolution is hereby approved this day of 18 , 2010. 19 20 Patrick J. Morris, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 jA: c�/l�r•—� 25 nda Items/Reso Side Ltr BRUCE 11-15-10 —2— EXHIBIT °A" 1 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN BRUCE DUNAMS 2 AND THE CITY OF SAN BERNARDINO 3 The AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is mad - 4 and entered into this 15th day of November, 2010, by and between the CITY OF SAN 5 BERNARDINO, a charter city ("CITY"), and BRUCE DUNAMS, an individual (hereafte 6 referred to as"CONSULTANT"): 7 WITNESSETH: s 9 WHEREAS, parties hereto entered into a Professional Services Agreement dated August - 10 9, 2010 for the services of Code Enforcement Consultant; and 11 WHEREAS, CONSULTANT asserts that he remains competent, trained and qualified 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 Amendment to Professional Services, 16 II Agreement; 17 NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: 1s 1. AMENDMENT TO EMPLOYMENT AGREEMENT. The Amendment to the 19 Professional Services Agreement amends only those terms contained herein; such terms no 20 21 covered by this Amendment shall remain in full force and effect as set forth in said Professional 22 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$40,700. -1- _ y 1 B. In no case shall the total cost of the services delineated above exceed $40,700. 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 January 10, 4 2011, or until total compensation in the amount of $40,700 has been made, whichever come 5 first, unless previously modified, amended or cancelled. This is approximately$15,700 above the 6 approved compensation amount set forth in the Professional Services Agreement. 7 The CITY shall have the ri ght to terminate this Agreement at any time by giving a writte 8 notice of termination to CONSULTANT. 9 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to 11 Professional Services Agreement on the 15th date of November, 2010. 12 13 Date: , 2010 By: Patrick J. Morris, Mayor 14 City of San Bernardino 15 Pate 2)0i 0 Bruce Dun.am.. 16 17 18 ATTEST: 19 Rachel Clark, City Clerk 20 21 APPROVED AS TO FORM: 22 By: 2 3 JAMES F. PENMAN, 24 City Attorney 25 HR:Ai!enda Items/Reso First Amend Ltr BRUCE 11-15-10 -2- 1 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN BRUCE DUNAMS 2 AND THE CITY OF SAN BERNARDINO 3 The AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is mad 4 and entered into this 15th day of November, 2010, by and between the CITY OF SAN 5 BERNARDINO, a charter city ("CITY"), and BRUCE DUNAMS, an individual (hereafter 6 referred to as "CONSULTANT"): 7 WITNESSETH: s 9 WHEREAS,parties hereto entered into a Professional Services Agreement dated August 10 9, 2010 for the services of Code Enforcement Consultant; and 11 WHEREAS, CONSULTANT asserts that he remains competent, trained and qualified 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 Amendment to Professional Service 16 Agreement; 17 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1s 1. AMENDMENT TO EMPLOYMENT AGREEMENT. The Amendment to the 19 Professional Services Agreement amends only those terms contained herein; such terms no 20 21 covered by this Amendment shall remain in full force and effect as set forth in said Professional 22 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 558.00, not to exceed $40,700. -1- i I B. In no case shall the total cost of the services delineated above exceed $40,700. 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 January 10, 4 2011, or until total compensation in the amount of $40,700 has been made, whichever come 5 first, unless previously modified, amended or cancelled. This is approximately$15,700 above the 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 written 8 notice of termination to CONSULTANT. 9 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to 11 Professional Services Agreement on the 15th date of November, 2010. 12 13 Date: , 2010 By: Patrick J. Morris, Mayor '. 14 City of San Bernardino 15 Dunams If 16 17 18 ATTEST: 19 Rachel Clark, City Clerk 20 21 APPROVED AS TO FORM: 22 23 By J F. PENMAN, 24 C. y ttorney 25 HR:Agenda Items/Reno First Amend Ltr BRUCE 11-15-10 -2- r , I PROFESSIONAL SERVICES AGREEMENT 2 This Agreement is entered into this 9th day of August,2010,by and between Bruce 3 Dunams ("CONSULTANT"), and the City of San Bernardino ("CITY"). 4 WITNESSETH: 5 WHEREAS, the City Manager has determined that it is advantageous and in the best 6 interest of the CITY to engage a consultant to assist in transferring CITY's Code Enforcement 7 Department functions into the Community Development Department; and 8 9 WHEREAS, the Deputy Director of Code Enforcement position was vacated in June 10 2010 and during the recruitment process for a Code Enforcement Division Manager position the 11 Director of Community Development determined that a consultant's assistance is necessary to 12 produce a comprehensive transition of functions; and 13 WHEREAS, it has been determined that CONSULTANT is the most qualified to 14 perform said services; and 15 NOW,THEREFORE, the parties hereto agree as follows: 16 cr-nnr nU ER- N,T0-ce SLR r!�_a_.�_ 17 For the compensation hereinafter provided, CITY hereby engages the services of 18 CONSULTANT to provide transitional assistance of code enforcement functions into the 19 Community Development Department. 20 2. COMPENSATION AND EXPENSES. 21 22 A. For the services delineated above, the CITY shall pay CONSULTANT an hourly 23 rate of$58.00,not to exceed$24,995. 24 B. In no case shall the total cost of the services delineated above exceed $24,995. No 25 other expenditures made by CONSULTANT shall be reimbursed by CITY. 1 r ' t 1 13. TERM. 2 The services set forth herein shall commence on August 9, 2010, and shall remain in full 3 force and effect until the position of Code Enforcement Division Manager is filled or until 4 compensation in the amount of $24,995 has been made, whichever comes first, unless 5 previously modified, amended or cancelled by the written mutual consent of both parties. 6 This Agreement may be terminated at any time by thirty (30) days' written notice by 7 either party. 8 4. INDEMNITY. 9 10 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and 11 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 12 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 13 under this Agreement. 14 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, 15 and volunteers from any and all clams, actions, or losses, damages and/or liability resulting 16 ! from CONSULTANT's negligent acts or omissions arising from the CONST TT.T A NTI z 17 performance of its obligations under this Agreement. 18 In the event the CITY and/or the CONSULTANT is found to be comparatively at fault 19 for any claim, action, loss, or damage which results from their respective obligations under this 20 21 Agreement, the CITY and/or CONSULTANT shall indemnify the other to the extent of its 22 comparative fault. 23 5. INSURANCE. 24 While not restricting nor limiting the foregoing, during the term of this Agreement, the 25 provision for comprehensive public, general and automobile liability insurance shall be waived 2 1 as CONSULTANT is a sole-proprietor. If the status of sole-proprietorship should change during 2 the Term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive 3 public, general and automobile liability insurance in the amount of $1,000,000.00 combined 4 single limit, and shall file copies of said policies with the CITY's Risk Manager prior to 5 undertaking any work under this Agreement. CITY shall be set forth as an additional named 6 insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished 7 8 to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 9 The provision for statutory workers' compensation coverage will be waived as to CONSULTANT is a sole-proprietor. If the status of sole-proprietorship should change during 11 the Term of this Agreement, CONSULTANT shall file copies of statutory worker's 12 compensation coverage with the CITY's Risk Manager immediately and the CITY shall be set 13 forth as an additional named insured for the policy. The Certificate of Insurance furnished to the 14 CITY shall require the insurer to notify City of any change or termination in the policy. 15 NOT:-DISCPIMINATION. 16 In the performance of this Agreement and in the hiring and recruitinent of employees, , 17 CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, 18 discrimination in employment of persons because of their race, religion, color,national origin, 19 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 20 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 21 22 12940 of the California Government Code. 23 7. INDEPENDENT CONTRACTOR. 24 CONSULTANT shall perform work tasks provided by this Agreement but for all intents 25 and purposes, CONSULTANT shall be an independent contractor and not an agent or employee 3 I of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all 10 2 payment of Income Tax, Social Security, State Disability Insurance Compensation, 3 Unemployment Compensation, and other payroll deductions for CONSULTANT and its 4 officers, agents, and employees, and all business licenses, if any are required, in connection 5 with the services to be performed hereunder. 6 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 7 CONSULTANT warrants that it possesses or shall obtain and maintain a business 8 9 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, 10 Permits, qualifications, insurance and approval of whatever nature that are legally required of 11 CONSULTANT to practice its profession. 12 9. NOTICES. 13 Any notice to be given pursuant to this Agreement shall be deposited with the United 14 States Postal Service,postage prepaid and addressed as follows: 15 TO 7= C'ITV: i6 City Manager's Office 300 North "D" Street 17 San Bernardino, CA 92418 TO THE CONSULTANT: 18 Bruce Dunams 1556 Kyle Court 19 Riverside, CA 92507 10. ATTORNEYS'FEES 20 21 In the event that litigation is brought by any party in connection with this Agreement, 22 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 23 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 24 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 25 hereof. The costs, salary and expenses of the City Attorney and members of his office in 4 I enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 2 purposes of this paragraph. 3 11. ASSIGNMENT. 4 CONSULTANT shall not voluntarily or by operation of law, assign, transfer, sublet or 5 encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior 6 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 7 8 and shall constitute a breach of this Agreement and cause for the termination of this Agreement. 9 Regardless of CITY's consent,no subletting or assignment shall release CONSULTANT of 10 CONSULTANT's obligation to perform all other obligations to be performed by 11 CONSULTANT hereunder for the term of this Agreement. 12 12. VENUE. 13 The parties hereto agree that all actions or proceedings arising in connection with this 14 Agreement shall be tried and litigated either in the State courts located in the County of San 15 Ee;1jard�.no, State of Cal,'-"—jia or the U.S. vrSu�t Coui� jvr*j�jv Cenual Drsu�t of Califvij;ia, 16 Riverside Division. The aforementioned choice of venue is intended by the P arties to be 17 mandatory and not permissive in nature. 18 13. GOVERNING LAW. 19 This Agreement shall be governed by the laws of the State of California. 20 14. SUCCESSORS AND ASSIGNS. 21 22 This Agreement shall be binding on and inure to the benefit of the parties to this 23 Agreement and their respective heirs, representatives, successors, and assigns. 24 15. HEADINGS. 25 The subject headings of the sections of this Agreement are included for the purposes of 5 ter. 1 convenience only and shall not affect the construction or the interpretation of any of its 2 provisions. 3 16. SEVERABILITY. 4 If any provision of this Agreement is determined by a court of competent jurisdiction to 5 be invalid or unenforceable for any reason, such determination shall not affect the validity or 6 enforceability of the remaining terms and provisions hereof or of the offending provision in any 7 other circumstance, and the remaining provisions of this Agreement shall remain in full force 8 and effect. 9 10 17. ENTIRE AGREEMENT; MODIFICATION. 11 This Agreement constitutes the entire agreement and the understanding between the 12 parties, and supersedes any prior agreements and understandings relating to the subject matter 13 of this Agreement. This Agreement may be modified or amended only by a written instrument 14 executed by all parties to this Agreement. 15 n �T rrr TL rr TL Tj rl� the +: t, + 1 + a +1: Agreement the -day . 111 WIT IN SS YNTH ,R`.v_, she parties 110 have exccu ed tills rg«.eement on the -day 16 I. and- _at e first _ hope shown. 17 18 CITY F SAN BERNARDINO 19 1.1 LIN August 9, 2010 20 Charles Mc eely, City Aanaq Date 21 22 23 BRUCE I XA— MS August 9, 2010 25 Bruce Dunams, Professional Con Date r 6 EXHIBIT "A" 1 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN BRUCE DUNAMS 2 AND THE CITY OF SAN BERNARDINO 3 The AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is mad 4 and entered into this 15th day of November, 2010, by and between the CITY OF SAN 5 BERNARDINO, a charter city ("CITY"), and BRUCE DUNAMS, an individual (hereafte 6 referred to as "CONSULTANT"): 7 WITNESSETH: 8 WHEREAS, parties hereto entered into a Professional Services Agreement dated August 9 10 9, 2010 for the services of Code Enforcement Consultant; and 11 WHEREAS, CONSULTANT asserts that he remains competent, trained and qualified 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 II WHEREAS, the parties desire to enter into the Amendment to Professional Service 16 Agreement-, 17 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 18 1. AMENDMENT TO EMPLOYMENT AGREEMENT. The Amendment to the 19 Professional Services Agreement amends only those terms contained herein; such terms no 20 21 covered by this Amendment shall remain in full force and effect as set forth in said Professional 22 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 $40,700. -1- 1 B. In no case shall the total cost of the services delineated above exceed $40,700. 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 January 10, 4 2011, or until total compensation in the amount of $40,700 has been made, whichever come 5 first, unless previously modified, amended or cancelled. This is approximately$15,700 above the 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 written 8 notice of termination to CONSULTANT. 9 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to 11 Professional Services Agreement on the 15th date of November, 2010. 12 13 Date: 12010 By: Patrick J. Morris, Mayor 14 City of San Bernardino 15 Date: B 16 ';aLe: ;lie Duram s 17 1s ATTEST: 19 Rachel Clark, City Clerk 20 21 APPROVED AS TO FORM: 22 23 By JAMES F. PENMAN, 24 City Attorney 25 HR:A2enda Items/Reso First Amend Ltr BRUCE 11-15-10 -2- EXHIBIT "A" 1 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN BRUCE DUNAMS 2 AND THE CITY OF SAN BERNARDINO 3 The AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is mad 4 and entered into this 15th day of November, 2010, by and between the CITY OF SAN 5 BERNARDINO, a charter city ("CITY"), and BRUCE DUNAMS, an individual (hereafter 6 referred to as "CONSULTANT"): 7 WITNESSETH: 8 9 WHEREAS, parties hereto entered into a Professional Services Agreement dated August 10 9,2010 for the services of Code Enforcement Consultant; and 11 WHEREAS, CONSULTANT asserts that he remains competent, trained and qualified 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 Amendment to Professional Service 16 f Agreement; 17 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 18 1. AMENDMENT TO EMPLOYMENT AGREEMENT. The Amendment to the 19 Professional Services Agreement amends only those terms contained herein; such terms no 20 21 covered by this Amendment shall remain in full force and effect as set forth in said Professions 22 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 $40,700. -1- , 1 B. In no case shall the total cost of the services delineated above exceed $40,700. 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 January 10, 4 2011, or until total compensation in the amount of $40,700 has been made, whichever come 5 first, unless previously modified, amended or cancelled. This is approximately$15,700 above the 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 written notice of termination to CONSULTANT. 9 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment t 11 Professional Services Agreement on the 15th date of November, 2010. 12 13 Date: , 2010 By: Patrick J. Momis, Mayor 14 City of San Bernardino 15 I Date: �v1l1 Brme Dunams 16 17 1e ATTEST: 19 Rachel Clark, City Clerk 20 21 APPROVED AS TO FORM: 22 23 By: JAMES F. PENMAN, 24 City Attorney 25 HR:Aeenda Items/Reso First Amend Ltr BRUCE 11-15-10 -2-