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12-0201_ROBERT HALF INTERNATIONAL INC_Personal Services Agreement First AmdFirst 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 division Accountemps ("Consultant") is made and entered into, to be effective the 1s` 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 and 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 term shall not exceed $50,000 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SP,�J JUAN CAP1`STRANO arry Warner, Mayor CONSULTANT bent alf International, Inc. A City Cl APPROVED AS TO FORM: Omar Sandoval, City Attorne PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _1st_ 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 division Accountemps, (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. Consultant's Assigned Individual will assist financial Services develop and complete the 2012 — 2014 budget development project. 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). SD 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 %) 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. 2 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. 3 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. Astatement on an insurance certificate will not be accepted in lien of the actual endorsement 4 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 awned, 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. E 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 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 ©fficeTeam 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. R Section 18. Pricinq. 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 $317,000 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) 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: Omar Sand val, City Attorney CIT F SAN N CAP TRANO K en P. rt st, City Manager ROBERT UALF INTERNATIONAL INC, By: Cyn Karapogosian, Sr. Regional VP 14 liqj ACcOLI n tem S- A Ro berl Halt C alpany EXHIBIT "A" February 6, 2012 Bear Lori, 28202 Cabot Road. Suite 416 Laguna Niguel. CA 92677 Phone: 949.365.0220 Fax: 949.365.0657 Please let this letter confirm the hourly bill rate for the selected Accountant of $32.24 per hour. Thanks, Jennifer Caison Branch Manager Accountemps 28202 Cabot Road, Suite 416, Laguna Niguel,CA 92677 Accountemps has interviewed this candidate. We usually check calldidiju 106onces by asking spc-At. gveslions of selected previous employers with regard to qualifications and work history. Accountemps has not verified all reprasentolions made by Ilse candldota in this resume. We recommend that our clients also perform their own reference checking. CITY OF SAN JUAN CAPISTRANO ACCOUNTANT 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 To perform a variety of professional accounting functions including analyzing accounts, posting to the general ledger, preparing and monitoring budget activities and reconciling bank'statements; to prepare a variety of financial reports and records; and to assist with technical and clerical accounting functions. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Accounting Manager, ESSENTIAL FUNCTION STATEMENTS Essential responsibilities and duties may include, but are not limited to, the following: Essential Functions: 1. Audits and analyzes accounting transactions; posts receipts to the general ledger including accounts payable and receivable, employee payroll, fringe benefits, fixed assets and special assessment districts; audits journal entries. 2. Prepares a variety of financial reports on transactions; reconciles bank accounts; prepare cash control. 3. Assists with the annual audit; coordinates with the auditor; provides financial statements and records. 4. Prepares year-end financial reports; analyzes revenue and expenditure reports; summarizes discrepancies. 5. Assists in the development, implementation and modification of accounting systems and programs; writes computer programs; recommends modifications as appropriate. 6. Oversees the maintenance and updating of accounting systems; ensures compliance with mandates and guidelines. 7. Investigates City claims related to property damage, injuries, bad checks and delinquencies; estimate amounts; contacts claimant; may confer with legal counsel. 8. Maintains and oversees administration of the fixed asset program. 9. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of accounting and finance. 10. Participates in a variety of clerical and technical accounting functions; provide assistance at the front counter. 11. Performs related duties and responsibilities as required. CITY OF SAN JUAN CAPISTRANO Accountant (Continued) QUALIFICATIONS Knowledge of: Professional accounting principles and practices. Principles and procedures of financial record keeping and reporting. Principal practices of budget preparation and monitoring. Accounting hardware and software systems. Modern office procedures, methods and equipment including computers Pertinent Federal, State and local codes, caws and regulations. Skill In: Performing a variety of professions! accounting duties, Understanding and interpreting accounting principles and practices. Preparing and interpreting a variety of financial statements, reports and analyses, Operating a computer including a variety of accounting software programs. Overseeing administration of the fixed asset program. Working Independently in the absence of supervision. Communicating clearly and concisely, both orally and in writing. Establishing and maintaining cooperative working relationships with those contacted in the course of work. 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: ExlRerlence: Three years of professional accounting experience, Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in accounting, finance or a related field. WORKING CONDITIONS Environmental Conditions: Office environment; exposure to computer screens. Physlcai Conditions: Essential functions may require maintaining physical condition necessary for sitting for prolonged periods of time; visual acuity for reading numerical figures. 6/19/2012 AGENDA REPORT H10 V-P, TO: Karen P. Brust, City M/a ~ FROM: Tom Bokosky, Human Resources Manager SUBJECT: Consideration of Approving the First Amendment to the Personal Services Agreement with Robert Half International, Inc., through its Division Accountemps RECOMMENDATION: By motion, approve the First Amendment to the Personal Services Agreement with Robert Half International, Inc., through its division Accountemps. SITUATION: Human Resources is recruiting to fill a vacant Accountant and the newly created Senior Accountant position in the Finance Department. In the interim, accounting services are being provided by two professional staffing firms, Select Staffing and Accountemps. The positions will not be filled prior to the expiration of the Accountemps Agreement on June 30, 2012. Staff is requesting that City Council approve extending the Agreement to June 30, 2013, and increasing the budget from $25,000 to $50,000. This Amendment will provide the Finance Department needed staffing support while Human Resources completes the recruitments. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None. FINANCIAL CONSIDERATIONS: The cost of the current Agreement is not to exceed $25,000, incurred at a rate of $38.94 per hour. To date, the City has incurred $19,472 in expenses. The proposed Amendment will increase the Personal Services Agreement budget by $25,000 and the total cost of the Agreement is not to exceed $50,000. The increased cost is offset by $35,000 in salary and benefits savings, while the position is vacant, and is included in the proposed Fiscal Year 2012/2013 Budget. Agenda Report Page 2 NOTIFICATION: Accountemps RECOMMENDATION: June 19, 2012 By motion, approve the First Amendment to the Personal Services Agreement with Robert Half International, Inc., through its division Accountemps. Respectfully submitted, - zz-,7 Tom Bokosky Human Resources Manager Attachment: 1. Personal Services Agreement 2. First Amendment 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 division Accountemps, (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 snake 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 (ether 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. Consultant's Assigned Individual will assist Financial Services develop and complete the 2012 — 2014 budget development project.. Sectlon 2. Teruo. This Agreement shall commence on the effective date and shall terminate, no later than June 30, 2012, subject to Section 13 (Termination). ATTACHMENT 1 Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder si al1 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 weep. 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 ane -half (1 '/z) 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. 4 Sections. 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 deaf directly with and will make all payments to Consultant. Section 6. Changes to Scope of Waris. 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 bythe 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. 3 Section 11. indemnity. To the fullest:extent permitted by law, Consultant agrees to hold harmless the: City and its elective and appojntive 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 V1 or better. 12.1 Comprehensive General Liability. Consultant shall maintain in full force and effect Comprehensive. Gene.ral 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 Trot he accepted in lieu of the actual endorsement 4 12.4 Proof of Insurance Require ments/Endorse'rnent. Prier to beginning any work under this Agreement, Consultant shalt 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 respect,; each of the following: Liability arising out of activities performed by or on behalf of Consu Itant, including the premises owned, occupied or used by Consultant', or automobiles owned, (eased, 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. 5 Section 't4.14.. Notice`. All notices shall be personally delivered or mailed to the below listed addresses, or to suchother 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 Adetanto San Juan Capistrano, CA 92675 Attn' Human Resources Department To Consultant: Accountemps 28202 Cabot Rd., Suite 416 Laguna Niguel, CA 92677 Attm 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 taw 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 Actreernent. 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 Of€iceTeam 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 o. 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 au;gmentatlon and does not provide project -based services or deliverables. 0 Section 18. Pricing.. Consultant may increase its rates forth e 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 Chicks. 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. 300/0 for a $30,000 compensation package) multiplied by the aggregate annual compensation, to a maximum of thirty percent (30%) for CfficeTeam. 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 Confidential i1y. 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) 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, APPROVED AS TO FORM: bw M OrAha - ' Omar Sand val, City Attorney CtT,Y-QF SA. N CAf'RANO Kyen P. 'Prost, City Pulanager ROBE .RT HALF INTERNATIONAL INC, ..7 A., a BY: Cyro Karapogosian, Sr. Regional VP A R*(.jbt1r1: Flail C',mr -pansy: EXI-ALIT "Ars February 6,20:12 Dear Lori, 28242 Cabot Road Stele 415 Laguna Niguel, CA 92677 Phone. 949.755.a220 Fax; a49.365.0e57 Please let this letter confirm the hourly bill rate for• the selected Accountant of $32424 pts hour. Thanks, Jennifer Caison Branch Manager Ac:s:otantetrx.lis 2112.02 Cabot l: pad:, Suite 416, I,a on.a Niguel,CA 92677 Accountemps hos inwviewed this candidalo. We t svolfy ch"CGR& liner refulOACes by asking specific questions of sok sled previous employers wilt regard to quoWications and work hiAory. Accounlemtss hos nol verified all rvprnsentarions mado_ by the candidole in !his reaume. We recommend Ihat our Clients crisp purfarm their own ralerente checking. CITY OF SAN JUAN CAPISTRAN€3 AccouNTANT Class specifications are intended to present a descriptive list of Me range of duties performed by employees fn the class. Specifications are not latended to reflect aff duties performed within the job. DEFINITION To {perform a variety of professional accounting functions including analyzing accounts, posting to the general ledger, preparing and monitoring budget activities and reconciling bank statements, to prepare a variety of financial reports and records; and to assist with technical and clerical accounting functions. SU ERVISION RECEIVED AND EXERCISED Receives direction from the Accounting Manager: ESSENTIAL FUNCTION STATEMENTS . Essential responsibilities and duties may include,,but are not limited to, the following: Essential Functions: 1: Audits and analyzes accounting transactions; posts receipts to the general ledger including accounts payable and receivable, employee payroll, fringe bene#its, fixer) assets and special assessment districts; audits journal entries. 2, Prepares a variety of financial reports on transactions; reconciles bank accounts; prepare cash control. 3. Assists with the annual audit; coordinates with the auditor; provides financial statements and records. 4. Prepares gear -end financiat reports; analyzes revenue and expenditure reports; summarizes discrepancies. 5. Assists In the development, implementation and modification of accounting systems and programs; writes computer programs; recommends modifications as appropriate. 8. Oversees the maintenance and updating of accounting systems; ensures compliance with mandates and guidelines. 7. Investigates City claims related to property damage, injuries, bad checks and delinquencies; estimate amounts; contacts claimant; may confer with legal counsel. 8. Maintains and oversees administration of the fixed asset program. S. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of accounting and finance. 10. Participates in a variety of clerical and technical accounting functions; provide assistance at the front counter. 11. Performs related duties and responsibilities as required, CITY OF SAN.JUAN CAPISTRANO Accountant (Contfnued} QUALIFICATIONS Knowledge of: Professional accounting principles and practices.. Principles and procedures of financial record keeping and reporting, Principal practices of budget preparation and monitoring, Accounting hardware and software systems. Modernoffice procedures, methods and equipment including. computers. Pertinent Federal, State and local codes,, laws and regulations, Skill in: Performing a variety of professions! accounting duties, Understanding and interpreting accounting principles aW practices. Preparing and Interpreting a variety of financial statements., reports and analyses: Operating a computer including a variety of accounting software programs, Overseeing administration of the fixed asset program. Working independently In the absence of supervision. Communicating clearly and concisely, both orally and in writing, Establishing and maintaining cooperative working relationships with those contacted in the course of work. Ex2erlence and Training Guldeilnes Airy combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typicni quay to obtain the knowledge and abilities would be: Experience: Three years of professional accounting experience. Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in accounting, finance or a related field. WORKING CONDITIONS EnvironMental Conditions: Office environment; exposure to computer screens, Physical. Conditions. Essential functions may require maintaining physical condition necessary for sitting for prolonged periods of time; visual acuity for reacting numerical figures. 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 division Accountemps ("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 and 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 term shall not exceed $50,000 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. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorne 2 CITY OF SAN JUAN CAPISTRANO Larry Kramer, Mayor CONSULTANT Robert Half International, Inc. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www, san juancapistrano.Of9 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO LAURAFREESE LARRYKRAMER DEREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 19, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Approving the First Amendment to the Personal Services Agreement with Robert Half International, Inc., through its Division Accountemps" — Item No. H10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 18, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Tom Bokosky, Human Resources Manager. You may contact that staff member at (949) 443-6321 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk ,sanluancapistrano.org. Maria Morris, CMC City Clerk cc: Accountemps Sari .bran C,apibtran a: Preserving the Pass to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAx www. sanj uancapist rano. org TRANSMITTAL TO: Robert Half International Inc. Jennifer Calson 28202 Cabot Road, Suite 416 Laguna Niguel, CA 92677 DATE: June 22, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE 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 San Juan Capistrano: Preserving the Past to Enhance the Future " Frinted on 100% recycled paper 32400 PASBO ADELANTO SAN JUAN CAPISTRANO. CA 92875 (949) 493.1171 (949) 493.1053 RAX wwH:satUitancaplstrano.org TRANSMITTAL TO: Accounttemps 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 CITY COUNCIL SAM ALL EVATO LAURA FREESE LARRYKRAMER 09REK 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) 443-632.1. Enclosed is a copy of the agreements. Cc: "Tom Bokosky, Human Resources Manager Robert Half International, Inc. San Juan Capistrano: Preserving the Past to Enhance the Future 0 w Printod an 10Mretyded oecer• Christy Jakl From: Christy Jakl Sent: Monday, June 25, 2012 9:19 AM To: Tom Bokosky Cc: Laura Hendrix; Lori Doll Subject: First Amendment - Robert Half Int'I Attachments: 12-0701 First Amd - Robert Half Int'I.pdf Good Morning, For your records, attached is the executed First Amendment to the Robert Half International PSA. 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 ChristyJAI 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 J akl 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:— _02/09/1 CIP No. (if any): Project Manager's Last Name Transmittal Routing (Check All That Apply) ® City Attorney ® City Manager ® City Clerk CONTRACT TRANSMITTAL Bokosky Council or CRA Meeting Date (if applicable) APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair City Manager N/A Phone Extension: 6321 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) OfficeTeam OTHER INSTRUCTIONS: Street I City j St Zip 28202 Cabot Rd., Suite 416 Laguna Niquel CA 92677 Hi Omar, Please review. This contract is for the Customer Services Rep in Financial Services. Let me know if you have any questions. Please return to Lori. THANK YOU! O D\ \L� \,\� �-: oo,�,- . Form Date: 01-2004 D - 7 Today's Date: V �-- CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable):.,. U00— 19)201 Project Manager's Last Name:alaSl CIP No. (if any): APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair ❑ City Manager Transmittal Routing (Check All That Apply) Qf F City Attorney ❑ City Manager City Clerk Phone Extension: 6 3,�—( 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: OTHER INSTRUCTIONS: Form Date: 01-2004 D-7