12-0201_ROBERT HALF INTERNATIONAL INC_Personal Services Agreement First Amd (3)First Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the City of San
Juan Capistrano ("City") and Robert Half International, Inc., through its divisions
Accountemps and Office Team, ("Consultant') is made and entered into, to be effective
the 1St 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 February 1, 2012; 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.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
(SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONSULTANT
9y:
NZe Team
ATTEST
Maria
APPROVED AS TO
Omar Siri-d64, City Attorney
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this _1 st
day of February, 2012 (the "Effective Date"), by and between the City of San Juan
Capistrano (hereinafter referred to as the "City") and Robert Half International Inc.,
through its divisions Accountemps and OfficeTeam, (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.
City agrees that it is responsible for supervising Consultant's temporary employees
("Assigned Individual"). City shall not permit or require an Assigned Individual (i) to perform
services outside of the scope of his or her assignment, (ii) to sign contracts or statements
(including SEC documents), (iii) to make any management decisions, (iv) to sign, endorse,
wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments
or valuables, (v) to perform services remotely (e.g., on premises other than City's or City's
customer's premises), or to use computers, software or network equipment owned or
licensed by the Assigned Individual or (vi) to operate machinery (other than office
machines) or automotive equipment. Since Consultant is not a professional accounting firm,
City agrees that it will not permit or require Consultant's Assigned Individual (a) to render
an opinion on behalf of Consultant or on City's behalf regarding financial statements, (b) to
sign the name of Consultant on any document or (c) to sign their own names on financial
statements or tax returns. 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, 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 $25,000
at the rate set forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant shall have no obligation to continue performance once the not to exceed
dollar amount limitation of $25,000 has been attained. Furthermore, City shall have the
responsibility to monitor fees charged in relation to the not to exceed amount. City will
either terminate the assignment or increase the not -to -exceed amount prior to
attainment of the not -to -exceed dollar amount limitation. City shall be responsible for all
charges for services in the event City fails to notify Consultant of termination of the
assignment or fails to increase of the not -to -exceed amount.
3.2 Method of Payment.
Subject to Section 3.1, Consultant's Assigned Individual will submit a time
sheet for City's verification and approval at the end of each week. City's approval thereby
will indicate its acceptance of the terms provided in Consultant's job arrangement letter
confirming the engagement of that Assigned Individual. Consultant shall submit monthly
invoices based on total services which have been completed for such preceding monthly
period and Consultant's invoices are due within thirty (30) days of receipt. Legally required
overtime (federal law requires in excess of 40 hours a week, state law varies) will be billed
at one and one-half (1 '/2) times the normal billing rate. Conversion fees, if any, will be
owed and invoiced upon the hiring of Consultant's Assigned Individual, and payment is due
within thirty (30) days of receipt of invoice. The City will pay monthly invoices in accordance
with this Section.
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 during normal business hours 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
City's employees.
K
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, with the exception of Consultant's third party background check
vendor. 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 negligent 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.
Reserved.
Section 8. Time of Essence.
Reserved.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government directly related to the provision of services under this
Agreement.
Section 10. Conflicts of Interest.
Consultant covenants, to the best of its ability, 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.
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Section 11. Indemnity.
To the fullest extent permitted by law, Consultant agrees to hold harmless the City
and its elective and appointive boards, officers, and employees from any and all third party
liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for
personal injury or death of any person, or damages of any nature, only to the extent directly
arising out of, the negligence, 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 and to the extent not caused by or
resulting from the negligence, recklessness and/or wrongful conduct of the City, or any of
its elective or appointive boards, officers, agents, employees, subcontractors, or
independent contractors. 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, employees, subcontractors, or independent contractors.
Section 12. Insurance.
On 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 VI or better.
12.1 Comprehensive General Liability.
Consultant shall maintain in full force 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.
12.2 Comprehensive Automobile Liability.
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.
Consultant will maintain workers' compensation insurance in accordance with the Labor
Code of California and covering all employees of the Contractor providing any service in the
performance of this agreement. Such insurance shall be endorsed to:
(1) Waive the insurer's right of Subrogation against the City and City Personnel.
A statement on an insurance certificate will not be accepted in lieu of the actual
endorsement
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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 premises owned, occupied or used
by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant.
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 receive compensation as set forth in Section 3.2. Consultant
shall comply with City's request to provide certificate of insurance demonstrating
Consultant's compliance with all of City's insurance provisions requirements prior to the
assignment of Consultant's Assigned Individual.
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.
Either party shall have the right to terminate this Agreement without cause by giving
thirty (30) days' advance written notice of termination to the other party.
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.
Any respective obligations of Consultant or City hereunder which by their nature
would continue beyond the termination, cancellation or expiration of this Agreement shall
survive such termination, cancellation or expiration.
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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: Accountemps and OfficeTeam
28202 Cabot Rd., Suite 416
Laguna Niguel, CA 92677
Attn: Regional Manager
With a copy to: Robert Half International Inc.
2613 Camino Ramon
San Ramon, CA 94583-9128
Attn: Client Contracts Department
(415) 402-6970 (facsimile)
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, and costs.
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. 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. This Agreement is only applicable to, and the only Consultant branch and
division obligated under this Agreement are, the Accountemps and OfficeTeam divisions of
the branch located at 28202 Cabot Road, Suite 416, Laguna Niguel, California 92677.
Notwithstanding any language to the contrary contained in this Agreement or attachment
hereto with regard to fixed-price, deliverables, acceptance of deliverables, or milestones,
Consultant shall be compensated on an hourly basis only. Consultant is in the business of
providing temporary staff augmentation and does not provide project -based services or
deliverables.
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Section 18. Pricing.
Consultant may increase its rates for the services provided under this Agreement to
reflect increases in Consultant's own costs of doing business, including costs associated
with higher wages for workers and/or related tax, benefit and other costs. Consultant will
provide written notice of any increase in its rates for the services, and such increase will be
prospective, starting as of the effective date Consultant specifies.
Section 19. Reference Checks.
Consultant checks references only by asking specific questions to select past
employers with regard to skills and work history before placing an individual on his or her
first assignment.
Section 20. Conversion.
In the event that City wishes to convert any of Consultant's Assigned Individual
within twelve (12) months after the last day of the assignment, City agrees to pay a
conversion fee. The conversion fee calculation is one percent (1 %) for each thousand
dollars of the annual compensation of Consultant's Assigned Individual (e.g. 30% for a
$30,000 compensation package) multiplied by the aggregate annual compensation, to a
maximum of thirty percent (30%) for OfficeTeam and thirty-five percent (35%)
Accountemps. City agrees to pay a conversion fee if Consultant's Assigned Individual to
City is hired by an affiliate or business entity as a result of City's subsequent referral of
Consultant's Assigned Individual to that company.
Section 21. Resume Confidentiality.
City agrees to hold in confidence the identity of Consultant's candidates and their
resume, social security number and other legally protected personal information.
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
-Oq (H J�(
Omar Sando V al, City Attorney
CITY -OF SANWUAN CAPISTRANO
st, City"Manager
ROBERT HALF INTERNATIONAL INC. EOE
In
.;21 1 / 2---
pogosian, Sr. Regional VP
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Specialized Administrative Staffing
EXHIBIT A
Position: Customer Service Representative
Hourly Bill Rate: $25.96
Heather Kwon, Division Director
28202 Cabot Road, Suite 416
Laguna Niguel, CA 92677
Phone: 949-364-3443
Fax: 949-365-0657
OfficeTeam has interviewed this candidate. We usually check candidate references by asking specific questions of selected previous employers with regard to
qualifications and work history. OfficeTeom has not verified all representations made by the candidate in this resume. We recommend that our clients
also perform their own reference checking.
CITY OF SAN JUAN CAPISTRANO
CUSTOMER SERVICES REPRESENTATIVE
Class specifications are intended to present a descriptive list of the range of duties performed by employees
in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
J
To perform a variety of customer service functions including greeting, screening and assisting City visitors;
providing information and assistance in person or on the telephone pertaining to City policies and
procedures; resolving customer and citizen complaints; receiving payments, issuing receipts, inputting data
into the computer and performing related activities in assigned area; reconciling a cash drawer; and
performing a variety of clerical functions related to,assigned area of responsibility.
SUPERVISION RECEIVED -AND EXERCISED
Receives general supervision from the assigned higher level staff.
ESSENTIAL FUNCTION STATEMENTS—Essential responsibilities and duties may include, but are not
limited to, the following:
Essential Functions:
1. Serve as receptionist for assigned area; receive and route telephone calls; respond to customer
and citizen questions and complaints; take messages as appropriate.
2. Assist the public in person, on the telephone and via email; provide information on City policies and
procedures; locate staff; direct visitors to scheduled meetings and appointments.
3. Receive and record payments of City revenue; collect monies and issue change; operate the cash
register; balance and reconcile cash drawer and petty cash; issue receipts; prepare daily bank
deposit; and input data into the computer.
4. Receive, sort and distribute incoming and outgoing mail; provide a variety of routine record keeping
duties.
5. Assist other City staff, as needed, with the usage of centralized equipment including postage meter,
mailing scale, fax machine, vending machines.
6. Maintain lobby and common areas in a clean and orderly fashion.
7. Maintain a variety of files and records; ensure information is current and accurate; research and
retrieve files, as necessary.
8. Maintain a variety of printed material and supplies necessary for the assigned function.
9. Perform related duties and responsibilities as assigned.
City of San Juan Capistrano
Customer Service Representative
When assigned to any Utility Customer Service area:
10. Assist utility customers with their accounts; set up new accounts; distribute welcome letters; update
customer accounts as necessary; process open and closed accounts; coordinate account
adjustments including payments plans, returned checks, name change and related adjustments,
11. Notify customers and maintain records on delinquent accounts, non -payments, returned checks and
payment arrangements; prepare shut-off notices and courtesy tags
12. Coordinate and maintain contact with field personnel; complete work orders regarding water leaks,
main breaks, high bills, fire hydrants, and water quality problems; arrange for turn -ons and shut -offs.
13. Perform a variety of collection functions; assign accounts to collection service; follow-up on
payments and notify agencies when accounts are paid; recommend write-off of unpaid accounts,
process bankruptcy notifications.
When assigned to Front Lobby area:
10. Receive and process new business license applications including related items for specialized
operations such as filming, massage or vending, etc. through issuance of permit; route to
appropriate staff for approval as necessary; interpret and explain policies and requirements related
to permit procedures; and maintain files and materials necessary for business license processing.
11. Issue parking permits; maintain records on permits issued; and interpret and explain policies and
requirements related to permit procedures
12. Perform a variety of data entry functions including processing accounts receivable invoices,
purchase orders, inputting journal entries and budget adjustments.
QUALIFICATIONS
Knowledge of:
Principles and practices of effective customer service techniques.
Basic accounting principles and practices.
Principles and practices of record keeping methods and techniques.
Cash handling and reconciliation techniques.
Modern office procedures, methods and computer equipment.
Basic principles of mathematics.
Principles of basic report preparation
Pertinent federal, state and local laws, codes and ordinances.
Ability to:
I Maintain tactfulness and courtesy in difficult situations.
3 Perform a variety of customer service and clerical accounting functions.
Maintain and calculate customer accounts and permit applications.
' Correctly interpret and explain City policies and procedures.
Perform mathematical calculations accurately and quickly.
Operate office equipment including computers and supporting word processing software and spreadsheet
applications.
Type at a speed necessary for successful job performance.
Understand and follow oral and written instructions.
k Communicate clearly and concisely, both orally and in writing.
f Maintain effective relationships with those contacted in the course of work.
City of San Juan Capistrano
Customer Service Representative
Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is
qualifying. A typical way to obtain the knowledge and abilities Would be:
Experience:
Two years of experience in customer service, including public contact.
Training:
Equivalent to the completion of the twelfth grade.
WORKING CONDITIONS
Environmental Conditions:
Office environment; exposure to computer screens; extensive customer/ public contact.
Physical Conditions:
Essential and marginal functions may require maintaining physical condition necessary for sitting for
prolonged periods of time; extensive use of computer keyboard.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
N'1V1i"M111/ U(I 11 CUt1[,Yl1d 7to.(Ng
TRANSMITTAL
TO:
Robert Half International Inc.
Jennifer Calson
28202 Cabot Road, Suite 416
Laguna Niguel, CA 92677
DATE: July 5, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CIN COUNCIL
SAM ALLEVATO
LAURAFREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: First Amendment to Personal Services Agreement — Professional Staffing Services
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreements. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Tom Bokosky, Human
Resources Manager at (949) 443-6321,
Enclosed is an original agreement for your records,
Cc; Tom Bokosky, Human Resources Manager
Sir l Jl�er�t C'rt/�i.�'t� rrt►n. I'l-cscl-)'ing the fort to E1117(mcc th(- I-11tirrc,
" Pi 'hart on 10,)", rucycled p,epm
32400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
wwwsanjuancaptstrano, oig
TRANSMITTAL
TO:
Accountternps
Attn: Regional Manager
28202 Cabot Rd., Suite 416
Laguna Niguel, CA 92677
DATE: March 2, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CIN COUNCIL
SAM ALLEVATO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Two (2) Personal Services Agreement — Professional Staff Services (Accountant and
Customer Service Representative)
Thank you for providing documentation confirming compliance with the terms of the
agreements related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreements. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Tom Bokosky, Human
Resources Manager at (949) 443-6321.
Enclosed is a copy of the agreements.
Cc: Tom Bokosky, Human Resources Manager
Robert Half International, Inc.
Sari. Juan Calfistrano: Preserving the lust to Enhance the Future
0 Prinlod an 100 recycled paper
Christz Jakl
From: Christy Jakl
Sent: Thursday, July 05, 2012 11:10 AM
To: Tom Bokosky
Cc: Laura Hendrix; Lori Doll
Subject: Robert Half Int'I First Amendment - Cust Svc Rep
Attachments: 12-0701 Robert Half First Amendment - Cust Svc Rep.pdf
Good Morning,
For your records, attached is the executed First Amendment for Robert Half International — Customer
Service Representative.
Thanks!
Christi JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Christv Jakl
From: Christy Jakl
Sent: Wednesday, February 29, 2012 11:57 AM
To: Lori Doll
Subject: Robert Half International
Attachments: 12-0201 Robert Half Intl - Professional Services.pdf, 12-0201 Robert Half Intl - Customer
Svc Rep.pdf
Hi Lori!
I forgot to do this for you yesterday.
Thanks!
Christi JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Today's Date:_ _02/09/12
CIP No. (if any):
Project Manager's Last Name
CONTRACT TRANSMITTAL
Bokosky
Council or CRA Meeting Date (if applicable): N/,
APPROVING AUTHORITY: (Check One)
❑ Mayor
❑ CRA Chair
ACity Manager
Transmittal Routing
(Check All That Apply)
® City Attorney
® City Manager
® City Clerk
Phone Extension:
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement:
Name(s)
Accounttem
OTHER INSTRUCTIONS:
Street
28202 Cabot Rd., Suite 416
I St Zip
a Niauel I CA 92677
Hi Omar,
Please review. This contract is for the Accountant in Financial Services. Let me know if you have any
questions. Please return to Lori.
THANK YOU! O
C
Form Date: 01-2004
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