SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT
This Second Amendment (“Second Amendment”) to the Independent Contractor Agreement dated January 1, 2019 as amended by the First Amendment dated January 1, 2022 (collectively, the “Agreement”) is made and entered into by and between the City of San Bernardino, a charter city and municipal corporation, and Dignity Health, a California nonprofit public benefit corporation d/b/a St. Bernardine Medical Center; Community Hospital of San Bernardino, a California nonprofit public benefit corporation as of February __, 2022.
The Parties agree as follow:
1. The Parties amend Section E of the Key Informational Terms of the Agreement to extend the Term through December 31, 2024.
2. The Parties amend Part II (Services and Fees), Section b, Subsection 3 of the Agreement to include the following additional rows in the table:
Police Officer
Annual Cost
Police Officer Hr.
Rate with Benefits
Overtime Hourly
Rate
Effective September 1,
2021
$170,891 $82.16 $84.70
Effective July 1, 2022 $174,735 $84.00 $88.66
Effective July 1, 2023 $178,680 $85.90 $90.96
Effective July 1, 2024 $182,745 $87.86 $93.30
3. Parties delete Part I, Section 1.7 of the Agreement.
4. Parties amend the last sentence of Part I, Section 1.2 to read as follows:
“Contractor shall select the Personnel to perform the Services under this Agreement. If Affiliate requests alternative Personnel be assigned to perform the Services, the Parties agree to meet and confer in good faith regarding the request. Contractor may reassign or replace Personnel at its sole and absolute discretion. Affiliate’s sole remedy for Contractor’s refusal to reassign or replace Personnel shall be to terminate this Agreement without cause.”
5. Parties delete the final bullet point of Part II, Section a, Subsection (2) of the Agreement .
6. Except as modified by this Second Amendment, all provisions of the Agreement shall remain in full force and effect for the term thereof. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.
7. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
SIGNATURES ON FOLLOWING PAGE
SIGNATURE PAGE TO
SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT
IN WITNESS WHEREOF, this Second Amendment has been executed on behalf of the Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit corporation d/b/a St. Bernardine Medical Center
dated: February __, 2022 ____________________________________ By: ________________________________
Its: ________________________________
Community Hospital of San Bernardino, a California nonprofit public benefit corporation dated: February __, 2022 ____________________________________ By: ________________________________
Its: ________________________________
CONTRACTOR
City of San Bernardino, a charter city and municipal corporation Dated: February __, 2022 ____________________________________ By: Robert D. Field
Its: City Manager