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12-0701_APR CONSULTING, INC._H11_Agenda ReportTO: Karen P. Brust, FROM; Tom Bokosky, 6/19/20'12 SUBJECT. Consideration of Approving the First Amendment to a Personal Services Agreement with APR Consulting, Inc., for Administrative and Maintenance Services. RECOMMENDATION: By motion, approve a First Amendment to the Personal Services Agreement with APR Consulting, Inc., for Administrative and Maintenance Services. SITUATION. The City of San Juan Capistrano began contracting with APR Consulting, Inc. (APR) in June of 2010 to fill vacant positions caused by employee injuries and unplanned absences. Currently, there is a vacant Maintenance Worker Il position in the Public Works department and a vacant Administrative Coordinator position in the Community Services department, due to work related injuries. There is also a vacant part-time Office Assistant position in Public Works, which is expected to be filled in Fiscal Year 2012/2013. These positions are being staffed by APR under an existing Personal Services Agreement, which terminates on June 30, 2012. Staff recommends extending the Personal Services Agreement to June 30, 2013. This amendment will allow the departments to continue to provide services, while Human Resources and the departments work on a long term staffing solution. None. FINANCIAL CONSIDERATIONS: To date, the City has paid $84,477 on the not to exceed $100,000 agreement. For Fiscal Year 201212013, the projected cost to staff the three positions through APR is $82,040, which is $15,152 less than the estimate attached to the Fiscal Year 2011/2012 Agreement. The proposal is to increase the budget $90,000 for a total cost not to exceed $190,000. The proposed increase is offset by $179,000 in salary and benefits savings, and is included in the proposed Fiscal Year 2012/2013 Budget. Agenda Report Page 2 NOTIFICATION: APR Consulting, Inc. RECOMMENDATION: June 19, 2012 By motion, approve a First Amendment to the Personal Services Agreement with APR Consulting, Inc., for Administrative and Maintenance Services. Respectfully submitted, Tom Bokosky Human Resources Manager Attachments: 1. Personal Services Agreement 2. First Amendment PERSONAL SERVICES AGREEMENT s� 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 AIR 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 'I. 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. 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 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 6. 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 perforin 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 andfor 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 situs), 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 9. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law° E-Veri . 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 httos://e-verafv.uscis.gov/enroll/. Consultant shall certify its registration with L -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. K, Section 12. Insurance. Can 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 Nest'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 farce and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000), 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 ($1,000,000). 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 4 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 19 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 Resoluilon. 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. Entire Agreement. 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. CITY OF AN JUAN 'rIST !► 1 NO am r �Y :. O a ATTEST: Mara Mor 's , ty jerk f MM. 411WIlij N M KM M LM EXHIBIT A Maintenance Worker - hourly bill rate $16.10 !hr (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. Gigs 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 !hr 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. City Position Maintenance Worker ii Office Assistant (PT) Administrative Coordinator Senior Maintenance Worker Department Public Works Public Works Community Services Public Works APR Consulting, Inc. Costs APR Week/Year Equivalent Hourly Position Rate Maintenance 40/2,080 Worker $16.10 Administrative Clerk $1610 Administrative Clerk $16.00 Hours Per Total Annual Week/Year Cost to the City 40/2,080 $33,488.00 30/1,560 $25,272.00 40/2,080 $33,280.00 Maintenance Worker $16.10 40/320 2 $5,152.00 $97,192.00 Total Cost Expended to Date $7,343.62 $5,299.20 $6,208.00 $660.00 $19,510.82 First Amendment to Personal Services Agreement THIS AMENDMENT to the Personal Services Agreement between the City of San Juan Capistrano ("City") and APR Consulting, Inc. ("Consultant") is made and entered into, to be effective the Vt day of July 2012, as follows: RECITALS WHEREAS, City has retained the services of Consultant to provide professional staffing services pursuant to that Agreement dated as of July 1, 2011; and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW THEREFORE, in consideration of the promises of mutual covenants contained therein, City and Consultant agree to amend the Agreement between City and Consultant as follows: Section 2. Term. The term of the Agreement is hereby extended to June 30, 2013, Section 3. Compensation. Total compensation for the services provided during the extended term shall not exceed $90,000 payable as set forth in Exhibit "A." All other provisions of the Agreement not amended hereunder shall remain in full force and effect. (SIGNATURE PAGE FOLLOWS) 1 ATTACHMENT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO MM Larry Kramer, Mayor CONSULTANT APR Consulting, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney EXHIBIT A SCOPE OF WORK Consultant will provide professional staffing services as needed and determined by the City, at the City's sole discretion. gill rates have been determined for the following services: Administrative Clerk - hourly bill rate of $16.20 Maintenance Worker - hourly bill rate of $16A0 Maintenance Worker I - hourly bill rate of $16.50 Bill rates for other services will vary, from $15.00 to $48.00 per hour, based on the knowledge, skills and abilities of the individuals assigned to the City. Actual bill rate will be negotiated at time of placement. The City may directly employ (convert) an Assigned Individual at no cost or "conversion fee" once the Assigned Individual has completed 520 hours of work. The City may end an assignment at any time.