11-1101_APR CONSULTING, INC._D12_Agenda Report111112011
AGENDA REPORT D12
TO: Karen P. Brust, City Mana
FROM: Cathy Salcedo, Executive Services Manager
SUBJECT: Consideration of Approval of the Personal Services Agreement with APR
Consulting, Inc. for Administrative and Maintenance Services in the Public
Works and Community Services Departments
RECOMMENDATION:
By motion, approve a Personal Services Agreement with APR Consulting, Inc. for
Administrative and Maintenance Services in the Public Works and Community Services
Departments.
SITUATION:
The City of San Juan Capistrano began utilizing the services of APR Consulting, Inc. (APR)
to fill vacant positions in the event of an employee injury or an unplanned absence. In June
of 2010, the vacancy of Maintenance Worker II in the Public Works department was filled
under this circumstance. The City continued to retain APR to fill the vacant positions of part-
time Office Assistant in Public Works, Administrative Coordinator in the Community Services
department, and most recently, an additional temporary vacancy in the Public Works
department. This contract would not extend beyond .lune 30, 2012, with a provision to
terminate the contract should the City so desire for any reason, and for a not to exceed
amount of $100,p00. The entire cost of the contract, which is valid July 1, 2011 through June
30, 2012 is $97,320. Through October 31, 2011, the City has paid APR roughly $32,490
leaving a balance of approximately $65,000 for the remainder of fiscal year 2011-2012.
COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS:
None at this time.
FINANCIAL CONSIDERATIONS:
The f ollowing chart illustrates what APR Consulting, Inc. currently charges for the
individuals filling the following positions: Maintenance Worker Il, Office Assistant (PT)
Administrative Coordinator, and Senior Maintenance Worker. With approximately 36
weeks remaining in the current Fiscal Year 2011-2012, the total amount payable to APR
Consulting, Inc. would equal approximately $67,000 for all four positions. There are
salary savings in the amount of approximately $126,413 (Attachment 2) remaining from
the currently vacant, but funded, part-time Office Assistant position along with salary
Agenda Report
Page 2
November 1, 2011
savings resulting from three full-time employees being on leave to fund the contract
positions via APR Consulting, Inc.
APR Consulting, Inc. Costs
NOTIFICATION:
APR Consulting, Inc.
RECOMMENDATION:
By motion, approve a Personal Services Agreement with APR, Inc. for Administrative
and Maintenance Services in the Public Works and Community Services Departments.
Respectfully submitted,
Cathy Salcedo
Executive Services Manager
Attachments:
1. Personal Services Agreement
2, Salary Savings Calculation
P epared by,
or Doll
Administrative Coordinator
APR Equivalent
Hourly
Hours Per
Total Annual
City Position
Department
Position
Rate
Week/Year
Cost to the City
Maintenance
Maintenance
Worker II
Public Works
Worker
$16.10
40/2,080
$33,488.00
Office
Administrative
Assistant (PT)
Public Works
Clerk
$16.20
30/1,560
$25,272.00
Administrative
Administrative
Coordinator
Community Services
Clerk
$16.00
40/2,080
$33,280.00
Senior
Maintenance
Maintenance
Worker
Public Works
Worker 1
$16.50
40/320
$5,280.00
$97,320A0
NOTIFICATION:
APR Consulting, Inc.
RECOMMENDATION:
By motion, approve a Personal Services Agreement with APR, Inc. for Administrative
and Maintenance Services in the Public Works and Community Services Departments.
Respectfully submitted,
Cathy Salcedo
Executive Services Manager
Attachments:
1. Personal Services Agreement
2, Salary Savings Calculation
P epared by,
or Doll
Administrative Coordinator
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this day
of July, 2011, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and APR Consulting, Inc. (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, the City currently desires to retain the services of the Consultant
regarding the City's proposal for professional staffing services; and
WHEREAS, the Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of professional
staffing services as set forth in Exhibit "A," attached and incorporated herein by reference.
To the extent that there are any conflicts between the provisions described in Exhibit "A"
and those provisions contained within this Agreement, the provisions in this Agreement
shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2012, subject to
Section 13 (Termination).
Section 3, Compensation.
3,1 Amount.
Total compensation for the services hereunder shall not exceed $100,000 at
various rates dependent upon position, as set forth in Exhibit "A," attached and
incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
ATTACHMENT 1
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 14 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed, (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there, and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
0
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law; E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or
access the registration page at https:He-verify.uscis.gov/enroll/. Consultant shall certify its
registration with E -Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Indemnity.
To the fullest extent permitted by law, Consultant agrees to hold harmless the City
and its elective and appointive boards, officers, agents, and employees from any and all
liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death
of any person, or damages of any nature, including interference with use of property, to the
extent arising out of, the negligence, recklessness and/or intentional wrongful conduct of
Consultant, Consultant's agents, officers, employees, subcontractors, or independent
contractors hired by Consultant in the performance of the Agreement. The Consultant
shall have no responsibility for negligence, recklessness and/or wrongful conduct of the
City, or any of its elective or appointive boards, officers, agents, or employees.
The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Consultant.
3
Section 12. Insurance.
4n or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
12.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,400,000), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
12.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence ($1,040,000).
12.3 Workers' Compensation,
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
12.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following; Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
12
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
12.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
12.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
12.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 13. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days` notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 14. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Human Resources Department
To Consultant: APR Consulting, Inc.
22632 Golden Springs Drive, Suite 380
Diamond Bar, CA 91765
Attn: Maria Dumatol
5
Section 15. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 16. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 17. EntireAgreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
(SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
CITY OF SAN JUAN CAPISTRANO
Sam Allevato, Mayor
CONSULTANT
7
EXHIBIT A
SCOPE OF WORK
Maintenance Worker - hourly bili rate $16.101hr (contracted & billed at 2010 rate)
Scope of work - Perform a variety of maintenance functions in public works, including
city sewer lines and pump stations, maintenance of public building and facilities, or
street maintenance, landscaping, irrigation, weed abatement, equestrian, open space
and right-of-way; and to perform a variety of maintenance functions relative to assigned
area of responsibility. Operates a variety of maintenance equipment. Digs ditches,
backfills trenches and holes, rakes, shovels. Assists in installing traffic signs and
markers.
Administrative Clerk - hourly bill rate $16.201hr
Scope of work - administrative office skills and customer service experience. Part of the
job duties include assisting residents at the front counter. data entry and extensive use
on a computer keyboard.
Administrative Clerk - hourly bill rate $ 16.00 thr
Scope of work - administrative office skills and customer service experience. Part of the
job duties include assisting residents at the front counter, data entry and extensive use
on a computer keyboard.
Maintenance Worker I - hourly bill rate $16.50 /hr (contracted & billed at 2011 rate)
Scope of work - Perform a variety of maintenance functions in public works, including
city sewer lines and pump stations, maintenance of public building and facilities, or
street maintenance, landscaping, irrigation, weed abatement, equestrian, open space
and right-of-way; and to perform a variety of maintenance functions relative to assigned
area of responsibility. Operates a variety of maintenance equipment. Digs ditches,
backfills trenches and holes, rakes, shovels. Assists in installing traffic signs and
markers.
1*14
1. U 8. 0... ' _ o
PI
APR
Total Annual
Equivalent
Hourly
Hours Per
Cost to the
City Position
Department
Position
Rate
Week/Year
City
Maintenance
Maintenance
Worker ll
Public Works
Worker
$16.10
4012,080
$33,488.00
Office
Administrative
Assistant (PT)
Public Works
Clerk
$16.20
3011,560
$25,272.00
Administrative
Administrative
Coordinator
Community Services
Clerk
$16.00
4012,080
$33,280.00
Senior
Maintenance
Maintenance
Worker
Public Works
Worker l
$16.50
40/320
$5,280.00
$97,320.00
PI
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