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12-0820_PROJECT PARTNERS, INC._Agenda Report_D8City of San Juan Capistrano TO: Karen P. Brust FROM: Tom Bokosky, DATE: July 16, 2013 Agenda R ort City M moo'/ Human Resources 6r 7/16/2013 t: SUBJECT: Consideration of Approving the Second Amendment to the Personal Services Agreement to Perform Water Operations Services; and the Appropriation of Funds (Project Partners, Inc.) RECOMMENDATION: By motion, Approve the Second Amendment to the Personal Services Agreement with Project Partners, Inc., to perform water operations and water engineering services; and, 2. Amend the personnel budget for Fiscal Year 2013-2014 as follows: Appropriate additional funds to the personnel budgets for the Capital Improvement Fund and the Groundwater Recovery Plant Operations Fund by $27,331 and $40,411, respectively, and decrease the personnel budgets for the Water Operations Fund and Sewer Operations Fund by $55,416 and $12,326, respectively. EXECUTIVE SUMMARY: The City contracts with Project Partners, Inc., for water operations and water engineering services. Due to vacancies in the Public Works and Utilities Department, staff recommends that the City Council approve a Second Amendment to the Personal Services Agreement by increasing the Agreement amount by $171,340, for a total cost not to exceed $413,340, through December 31, 2013. These services are necessary to maintain regulatory compliance and to meet water production goals. DISCUSSION/ANALYSIS: There are three vacancies in the Public Works and Utilities Department; an Associate Engineer, the Utilities Operator III — Groundwater Recovery Plant position and the Rate and Administration Manager. These vacancies result in $219,796 in salary and benefit savings for the period of July 1, 2013, through December 31, 2013, which offsets the City Council Agenda Report July 16, 2013 Paae 2 of 3 increased Agreement amount of $171,340. During this period, the City will be actively recruiting to fill these vacancies. Due to the Utilities Operator III — Groundwater Recovery Plant vacancy, on August 20, 2012, the City and Project Partners, Inc., entered into a Personal Services Agreement, at an hourly rate of $83.00, for a total cost not to exceed $50,000. These services are necessary to comply with the City's Domestic Water Supply Permit, which is issued by the California Department of Public Health and to meet water production goals. Since August 2012, Human Resources has been recruiting for the vacant Operator position but has received little response. Over the next six months Human Resources will continue to recruit for this position and evaluate options to fill the vacancy, which may be presented to the City Council for consideration. On December 4, 2012, the City amended the Agreement with Project Partners, Inc., to also provide the Public Works and Utilities Department professional water engineering services to support its Proposition 50, the Cal/Trans Ortega/1-5, sewer and other existing projects. These services are being provided by a registered professional engineer, with water, sewer, design and distribution experience. The hourly rate for these services is $81.75 and the Agreement was increased $192,000, for a total cost not to exceed $242,000, through June 30, 2013. Staff recommends that the City Council approve the Second Amendment to the Personal Services Agreement with Project Partners, Inc., by extending the term to December 31, 2013, and increasing the Agreement amount by $171,340, for a total cost not to exceed $413,340. This will allow Project Partners, Inc., to continue to provide water operations and water engineering services, while Human Resources recruits to fill the vacant positions. FISCAL IMPACT: Through April 30, 2013, the City has paid $166,471 towards the not to exceed amount of $242,000. The recommended Second Amendment will increase the Personal Services Agreement amount by $171,340, for a total cost not to exceed $413,340, through December 31, 2013. This increased amount is offset by $219,796 in salary and benefit savings, which are included in the Fiscal Year 2013/2014 Adopted Budget. A budget adjustment is needed to adjust the available salary savings between the budgeted funds to fund the contract as follows: Increase the Capital Projects Fund 50 $27,331 Decrease the Water Operations Fund 60 ($55,416) Increase the Groundwater Recovery Plant Operations Fund 62 $40,411 Decrease the Sewer Operations Fund 70 ($12,326) Total Net Impact to Enterprise Funds $00 ENVIRONMENTAL IMPACT: Not applicable. City Council Agenda Report July 16, 2013 Pacie 3 of 3 PRIOR CITY COUNCIL REVIEW: • On December 4, 2012, the City Council approved the First Amendment to the Personal Services Agreement with Project Partners, Inc. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Project Partners, Inc. ATTACHMENTS: Attachment 1 — Personal Services Agreement Attachment 2 — First Amendment Attachment 3 — Second Amendment PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of August, 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Project Partners, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, the City currently desires to retain the services of the Consultant regarding the City's proposal for professional staffing services; and WHEREAS, the Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of professional staffing services as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2013, subject to Section 13 (Termination). Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $50,000 at a rate of $83.00 per hour, as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. ATTACHMENT 1 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 14 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 4 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 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. Indemni . 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. 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 VII or better. K3 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: Project Partners, Inc. 23195 La Cadena Dr., Suite 101 Laguna Hills, CA 92653 Attn: Atousa Johnson 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. 5 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. (SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST. Marlow� risJC0--lerk APPROVED A TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRA Larry Kramer; Iyo CONSULTANT By: < 6 EXHIBIT A Scope of Work SENIOR PLANT OPERATOR Project Partners is proposing to provide the City of San Juan Capistrano a senior water treatment plant operator to assist the Assistant Utilities Director and the operations staff with the operations and maintenance of the City's water production facilities, and specifically the existing groundwater recovery plant. Duties will include the monitoring, servicing, and managing the automated valves and level indicators, optimizing filter and treatment procedures to help meet regulatory agencies compliance. Our senior water treatment plant operator will also provide service and maintenance assistance to chemical feed systems to provide consistently safe drinking water and to supervise and perform required chemical tests and adjust chemical treatment of plant processes as directed. As a seasoned operator, he will help maintain records and prepare reports and coordinate activities with other divisions and departments, outside agencies, and the general public. Our senior water treatment plant operator will also assist in managing the City's water systems through the supervisory control and data acquisition (SCADA) system. He will assist in troubleshooting the system failures and resolve complex issues with a main focus on the desalter. He will participate in the development and implementation of goals, priorities for the water treatment facility's operation and maintenance. Our proposed staff is Mr. Paul Abadilla. Mr. Abadilla has • Over 15 Years Of Experience In The Field Of Water Treatment Operations • California Water Treatment Grade IV certificate from the State of California , • California Water Distribution Grade IV certificate from the State of California • Over Five Years Of Experience As A Senior/Chief Treatment Plant Operator For 5 Years • Extensive Desalter Operations Experience Compensation The billing rate for a Senior Plant Operator is $83.00 per hour. 7 First Amendment to Personal Services Agreement THIS AMENDMENT to the Personal Services Agreement between the City of San Juan Capistrano ("City") and Project Partners ("Consultant") is made and entered into, to be effective the 4th day of December, 2012, as follows.- RECITALS ollows: RECITALS WHEREAS, City has retained the services of Consultant to provide professional water operations services pursuant to that Agreement dated as of August 20, 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 3. Compensation. Total compensation for the services provided during the term shall not exceed $242,000 at a rate of $83.00 per hour for senior plant operator services and $81.75 per hour for water engineering services. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. (SIGNATURE PAGE FOLLOWS) ATTACHMENT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: ria Morris, icy C e k Wns D AS TO FORM: gten, City Attorney CITY OF SAN 4UAN CAPISTRANO ayor CONSULTANT By: r ' P rtners/ i N�� Second Amendment to Personal Services Agreement THIS AMENDMENT to the Personal Services Agreement between the City of San Juan Capistrano ("City") and Project Partners ("Consultant") is made and entered into, to be effective the 16th day of July, 2013, as follows: RECITALS WHEREAS, City has retained the services of Consultant to provide professional water operations and water engineering services pursuant to that Agreement dated as of August 20, 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 this Agreement is extended through December 31, 2013. Section 3. Compensation. Total compensation for the services provided during the term shall not exceed $413,340 at a rate of $83.00 per hour for senior plant operator services and $81.75 per hour for water engineering services. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. (SIGNATURE PAGE FOLLOWS) 1 ATTACHMENT 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO John Taylor, Mayor CONSULTANT By: s� P oject P ers, I c. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493.1171 (949) 493.1053 FAX wwwsanjuancapistranaorg MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO ROY L. BYRNES, M,D LARRY KRAMER DEREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, July 16, 2013, in the City Council Chamber in City Hall, to consider: "Consideration of Approving the Second Amendment to a Personal Services Agreement to Perform Water Operations Services (600.30)" — Item No. D8. 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, July 15, 2013, 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.san4uancapistrano.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 _sanivancapistrano.orq. Maria Morris, CMC City Clerk cc: Project Partners, Inc. Scan Juan Capistrano: Piwserving the Past to Enhance the Future