HomeMy WebLinkAbout2015-140 I
RESOLUTION NO. 2015-140
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
4 THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN
5 BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to
9
10 execute a Second Amendment to the Contract Employment Agreement between the City of San
11 Bernardino and Brian Turnbull attached hereto as Exhibit "A" and incorporated by reference
12 herein as if fully set forth.
13
SECTION 2. This authorization shall expire and be deemed void and of no further effect if the
14
15
Agreement is not executed by both parties and returned to the Office of the City Clerk within
16 sixty (60) days following the effective date of this resolution.
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
2 THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN
3 BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7 6th day of July, 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ X
to
11 BARRIOS x-
12 VALDIVIA x-
13 SHORETT X
14
NICKEL X
15
16
JOHNSON —x-
17 MULVIHILL x-
18
19 Georg nn Hanna, C, City Clerk
2o The foregoing Resolution is hereby approved this /S day of July, 201
21
22
R. Carey Dav' , Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
25 �
By:
26
27
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2
2015-140
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR
CDBG AND CIP PROJECT MANAGEMENT SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 6th day of
.T„13, , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Brian Turnbull, an individual, (the "CONTRACT EMPLOYEE") (individually CITY or
CONTRACT EMPLOYEE may be referred to as a "PARTY" and collectively CITY and
CONTRACT EMPLOYEE may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on July 24, 2014 the CITY and CONTRACT EMPLOYEE entered into that certain
Agreement titled CONTRACT EMPLOYMENT AGREEMENT BEWTWEEN THE CITY OF
SAN BERNARDINO AND BRIAN TURNBULL FOR PROJECT MANAGEMENT
SERVICES RELATED TO THE COMPLETION OF VARIOUS COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS (the "Agreement"); and,
WHEREAS, on November 19, 2014 the CITY and CONTRACT EMPLOYEE entered into the
first amendment titled AMENDMENT NUMBER ONE TO THE CONTRACT
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR CDBG PROJECT MANAGEMENT SERVICES (the "First
Amendment"); and,
WHEREAS, CITY and CONTRACT EMPLOYEE desire to amend the Agreement for CDBG
AND CIP PROJECT MANAGEMENT SERVICES and desire to amend their rights, duties, and
liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 1. Services Provided, lines 8-15 "Scope of Services" shall be amended to read as
follows:
"Scope of Services. For the remuneration stipulated,
TURNBULL shall provide the professional services described
below and in the attached Exhibit"A" Scope of Services.
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES
Page 1 of 3
2015-140
TURNBULL shall provide project management services as
assigned by the Director of Parks or his/her designee for
Community Development Block Grants and Capital Improvement
Projects."
2. Section 2. Compensation, lines 18-24 "Compensation" shall be amended to read as follows:
"Compensation. CITY hereby agrees to pay TURNBULL an
hourly rate of$35.00, not to exceed $48,800.00 during Fiscal Year
2015-16 without prior City Council approval. Other than this
compensation, TURNBULL shall not be entitled to any other
compensation, leave accruals, retirement or other benefits of
regular employees employed by the CITY. Time sheets recording
hours spent and work performed shall be submitted in accordance
with the policies as those apply to the CITY."
3. Section 3. Term and Notification, lines 11-14 "Term" shall be amended to read as follows:
"Term.This Agreement shall commence on the Effective Date and
continue until the funds are exhausted or June 30, 2016, whichever
occurs first, unless the Agreement is previous terminated as
provided for herein."
[Signature Page Follows]
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES
Page 2 of 3
2015-140
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR
CDBG AND CIP PROJECT MANAGEMENT SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: , 2015 CONTRACT EMPLOYEE
By:
Brian Turnbull
Dated , 2015 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES
Page 3 of 3
2015-140
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR
CDBG AND CIP PROJECT MANAGEMENT SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 6th day of
1„l y , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Brian Turnbull, an individual, (the "CONTRACT EMPLOYEE") (individually CITY or
CONTRACT EMPLOYEE may be referred to as a"PARTY" and collectively CITY and
CONTRACT EMPLOYEE may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS,on July 24, 2014 the CITY and CONTRACT EMPLOYEE entered into that certain
Agreement titled CONTRACT EMPLOYMENT AGREEMENT BEWTWEEN THE CITY OF
SAN BERNARDINO AND BRIAN TURNBULL FOR PROJECT MANAGEMENT
SERVICES RELATED TO THE COMPLETION OF VARIOUS COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)PROJECTS (the "Agreement"); and,
WHEREAS, on November 19, 2014 the CITY and CONTRACT EMPLOYEE entered into the
first amendment titled AMENDMENT NUMBER ONE TO THE CONTRACT
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR CDBG PROJECT MANAGEMENT SERVICES (the "First
Amendment"); and,
WHEREAS, CITY and CONTRACT EMPLOYEE desire to amend the Agreement for CDBG
AND CIP PROJECT MANAGEMENT SERVICES and desire to amend their rights, duties, and
liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 1. Services Provided, lines 8-15 "Scope of Services" shall be amended to read as
follows:
"Scope of Services. For the remuneration stipulated,
TURNBULL shall provide the professional services described
below and in the attached Exhibit"A" Scope of Services.
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES
Page 1 of 3
2015-140
TURNBULL shall provide project management services as
assigned by the Director of Parks or his/her designee for
Community Development Block Grants and Capital Improvement
Projects."
2. Section 2. Compensation, lines 18-24 "Compensation" shall be amended to read as follows:
"Compensation. CITY hereby agrees to pay TURNBULL an
hourly rate of$35.00, not to exceed $48,800.00 during Fiscal Year
2015-16 without prior City Council approval. Other than this
compensation, TURNBULL shall not be entitled to any other
compensation, leave accruals, retirement or other benefits of
regular employees employed by the CITY. Time sheets recording
hours spent and work performed shall be submitted in accordance
with the policies as those apply to the CITY."
3. Section 3. Term and Notification, lines I 1-14 "Term" shall be amended to read as follows:
"Term.This Agreement shall commence on the Effective Date and
continue until the funds are exhausted or June 30, 2016, whichever
occurs first, unless the Agreement is previous terminated as
provided for herein."
[Signature Page Follows]
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES
Page 2 of 3
2015-140
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR
CDBG AND CIP PROJECT MANAGEMENT SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: 2015 CONTRACT EMPLOYEE
Brian Turnbull
Dated 2015 CITY OF SAN BERNARDINO
By:
en Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: 7
AMENDMENT NUMBER TWO TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR CDBG AND CIP PROJECT
MANAGEMENT SERVICES
Page 3 of 3