15-0831_SELECT STAFFING_Professional Services Agreement PROFESSIONAL. SERVICES AGREEMENT
tr
THIS AGREEMENT is made, entered into, and shall become effective this,,
day of August, 2015, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Select Staffing, (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal for professional temp staffing services; and,
WHEREAS, 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 temp staffing services as it relates to the Customer Service Supervisor
position, and consultant's business procedures, presented as Exhibit "A," attached
hereto and incorporated herein by reference.
Section 2. Terre.
This Agreement shall commence on the effective date and shall terminate, and
all services required hereunder shall be completed, no later than June 30, 2016, subject
to Section 13 (Termination).
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $10,000
at an hourly rate mutually agreed to by the Consultant and the City.
3.2 Method of Payments
Subject to Section 3.1, Consultant shall submit by-weekly invoices based
on total services which have been satisfactorily completed for such by-weekly period.
The City will pay monthly progress payments based on approved weekly timesheets 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 to the City. invoices shall be addressed as
provided for in Section 16 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.
...... .. ........................ .. .................. ... .... .. . ......... .. ....... ... ......... ....
2
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. 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. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise
approved by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, 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, arising out of, or in any way connected with
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 only exception to
Consultant's responsibility to protect, defend, and hold harmless the City, is due to the
.. ..... . ......... ........ ........ ....
3
sole negligence, recklessness and/or wrongful conduct of the City, or any of its elective
or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. 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.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive General Liability coverage in an amount not less than
two million dollars per occurrence ($2,000,000.00), combined single limit coverage for
risks associated with the work contemplated by this agreement. If a Commercial
General Liability Insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non-owned vehicles in an amount not less than two million dollars per occurrence
($2,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
4
14.4 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 insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or
borrowed by Consultant. The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors
and Omissions Coverage (professional liability coverage) in an amount of not less than
Two million Dollars ($2,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the City's General Counsel for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lationfTermination 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance
provisions have been satisfied.
14.8 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 15. Termination.
This agreement will be terminated when: the City completes the recruitment for
the Customer Service Supervisor position. At such time, the City will provide the
Consultant with ten (10) days' notice to terminate the agreement.
In addition, this Agreement may be terminated by any party with or without cause
immediately by providing written notice (i.e. email) to the other party.
5
Section 16. 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 serAce of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michelle Bannigan, Assistant Finance Director
To Consultant: Select Staffing
22831 Lake Forest Drive
Lake Forest, CA 92630
Attn: Ana Bui, Branch Manager
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Governing Law.
This Agreement shall be governed by the laws of the State of California. Venue shall be
in Orange County.
Section 19. Entire Apireement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof with the exception of the Exhibit "A' discussed in Section 1.
.... ..... ............. ... ........ .... . ......... ......... ........
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Cindy Russ Il, CFO/City Treasurer
SELECT STAFFING
By: (140jzvr��
Ana Bui, BLadch Mager
ATT '
Maria M ris'�C*, Clerk
APPROVED AS TO FORM:
Jef(BallAggr, City Affo-rney
7
CITY OF SAN JUAN CAPISTRANO
CUSTOMER SERVICE SUPERVISOR
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 direct, supervise, and coordinate the activities and operations of the Customer Service Division which
includes both the main City counter and Water counter; to oversee all aspects of billing, payment
collection, cash balancing, business licensing, and customer relations; to provide customer service at the
Water Services public counter; to administer, maintain, and update the utility billing system; and to
provide highly responsible and complex support to the Administrative Services Director,
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from Assistant Administrative Services Director.
Exercises direct supervision over technical, clerical, and field services staff.
ESSENTIAL FUNCTION STATEMENTS—1=ssential responsibilities and duties may include, but are not
limited to, the following..
Essential Functions:
1, Assumes management responsibility for all day-to-day services and activities of the Customer
Service Division including the main City and Water Services public counters, field services, and
contracted meter reading services.
2, Manages and participates in the development and implementation of goals, objectives, policies and
priorities for Customer Service Division.
3. Prepares and administers departmental budget; monitors expenditure; processes and authorizes the
payment of Customer Service invoices.
4. Monitors and evaluates Customer Service work practices and procedures; provides related
recommendations and implements changes necessary to improve operational efficiency.
5. Selects, trains, motivates and evaluates customer service personnel; provides or coordinates staff
training; works with employees to correct deficiencies; resolves employee issues as they arise.
6. Answers phones and provides customer service at the public counter; responds to customer inquiries
regarding accounts and water billing; addresses water quality complaints and questions.
7. Receives and processes water payments; evaluates and makes adjustments to customer accounts
as necessary; establishes payment arrangements for customers; starts and cancels water services.
8. Provides follow up and resolution to customer complaints including coordinating with other City
departments and/or outside agencies as required; responds to water related emergencies.
......... . ... ......... .............. ............
1
EXHIBIT A - Page 1 of 3
CITY OF SAN JUAN CAPISTRANO
Customer Service Supervisor(Continued)
9. Acts as System Administrator and ensures the proper functioning of the utility billing system; identifies
and troubleshoots system issues; updates and maintains billing software; coordinates and provides
systems training to employees.
10. Creates billing accounts for new services in the water system; creates and establishes new billing
tracts for new developments.
11. Coordinates the printing of departmental forms including door tags, water bills, and envelopes.
12. Oversees and administers meter reading service contracts; monitors and addresses issues regarding
contractor performance and accuracy.
13. Performs related duties and responsibilities as required.
QUALIFICATIONS
Knowledge of:
• General operation characteristics of parking and water systems for a governmental agency.
• Methods and techniques of water meter reading.
• Operational characteristics of meter mechanisms and timing devices.
• Principles and practices of effective customer service.
• General understanding of the principles and practices of water works operations and water quality.
• Modern office procedures, methods and equipment including computers.
• Principles of supervision,training and performance evaluation.
• Basic mathematical principles.
• Principles of basic report preparation.
• Pertinent Federal, State and local codes, laws and regulations.
Skill in:
• Overseeing and participating in the management of a customer service division.
• Directing, overseeing and coordinating the work of lower level staff:.
• Selecting, supervising, training and evaluating staff.
• Participating in the development and management of division goals, objectives and procedures.
• Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions and
implement recommendations in support of goals.
• Researching, analyzing and evaluating new service delivery methods and techniques.
• Providing customer service and dealing tactfully with the public.
• Interpreting and applying Federal, State and local policies, laws and regulations.
• Communicating clearly and concisely, Moth 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.
Experience:
Three years of experience in the customer service field including one year of supervisory and
water utility experience.
Training:
Equivalent to completion of the twelfth grade.
................ ...
2
EXHIBIT A- Page 2 of 3
CITY OF SAN JUAN CAPISTRANO
Customer Service Supervisor(Continued)
Licenses or Certifications:
Possession of, or ability to obtain, an appropriate, valid driver's license.
WORKING CONDITIONS
Environmental Conditlons:
Office environment; extensive public contact.
Physical Conditions:
Essential functions may require standing or sitting for prolonged periods of time; extensive use of
computer keyboards and telephones; requires visual acuity for reading computer screens.
3
EXHIBIT A - Page 3 of 3