16-0701_KFORCE, INC_D12_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO : Honorable Mayor and Members of the City Council
FROM: ~ Siegel, City Manager _,d)
SUBMITTED BY: Sam Penrod, Human Resources/Risk Man agV
DATE: August16,2016
8/16/2016
012
SUBJECT: Consideration of Waiving the Formal Request for Proposal/Request
for Qualification Process and Approval of Amendment to Personal
Services Agreement for As-Needed, Temporary, Professional
Staffing Services with KFORCE, Inc.
RECOMMENDATION :
By motion,
1. Waive the formal Request for Proposal (RFP) or Request for Qualifications
(RFQ) process pursuant to the City of San Juan Capistrano Municipal Code
Section 3-4.306 (e)(3) for temporary, professional staffing services related to
the Personal Services Agreement with KFORCE, Inc.; and
2. Approve the Seventh Amendment to the Personal Services Agreement with
KFORCE, Inc., to perform as-needed professional staffing services and
authorize the City Manager to execute the Amendment.
DISCUSSION/ANALYSIS :
The City contracts for as-needed, temporary staffing services with several staffing
agencies, including KFORCE, Inc. KFORCE currently provides clerical staffing
assistance in the Community Services Department to cover a vacancy that is the result
of a staff member who is out on an unpaid extended leave.
The Personal Services Agreement (PSA) with KFORCE was amended on June 21,
2016, and an additional $30,000 was added to the contract, resulting in a new not-to-
exceed dollar amount of $150,000. In addition to the already-approved dollar amount,
the term of the PSA needs to be extended, and staff is recommending that the term run
through June 30, 2017.
City Council Agenda Report
August 16, 2016
Page 2 of 2
FISCAL IMPACT:
There is no additional fiscal impact to extend the term of the PSA.
ENVIRONMENTAL REVIEW :
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061 (b)(3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Extension of a Professional Services Agreement with KFORCE, Inc.,
to provide temporary clerical staffing would not be an activity with potential to cause
significant effect on the environment and therefore exempt from CEQA. A Notice of
Exemption (NOE) will be posted should the project receive final approval.
PRIOR CITY COUNCIL REVIEW :
On June 21, 2016, the City Council approved the Sixth Amendment to the Personal
Services Agreement with KFORCE, Inc.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
KFORCE, Inc.
ATTACHMENTS:
Attachment 1-KFORCE, Inc., Personal Services Agreement
Attachment 2-Seventh Amendment KFORCE, Inc., Personal Services Agreement
PE~SONAL SERVICES AGREEMENT
THIS AGREEMENT Is made, entered Into, and shalt become effective this 1st day
of July, 2012 (the ~Effe ctive Oate"), by and between the City of San Juan Capistrano
(hereinafter referred to as the "City") and KFORCE INC. (hereinafter referroo to as the
·consu~anr). The tenns of this Agreement shall apply to staffing services provided by the
Irvine, CA office of Kf"tce Inc.
RECITALS:
WHEREAS, the City currently desires to retain the servioos 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:
Soctlon 1. ScopQ of Work.
The scope of wor1< to be perfonned by the Consultant shall consist of professional
staffing services as set forth In Exhibit"A," ettached and lncorporate<l here in by reference.
City agrees · that It is responsible for supervising Consultant's temporary employees
(uAsslgned Individual"): Ctty shall not permit or requ ire an Assfgned Individual {I) to perform
services outside of the scope of his or her assignment, (il) to sign contracts or statements
(including SEC documents), 011) to make any management decisions, (lv) to sign, endorse,
wire, transport or otherwise convey cash, securities, checks, or any negoUable Instruments
or valuables, (v) to pe·rform services remotely (e.g., Or:J 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 Indiv idua l or (vi) to operate machinery (other than office
machines) or automotiVe equipment. Since Consultarit Is not a professional accounting
firm, City agrees that it will not permit or require Consultant's Asslgned 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 15fgn their own
names on financl8.1 statements or tax returns. To the extent that them are any conflicts
between the provisions described In Exhibit "A" and those provisions contained within this
Agreement, the provisions In this Agreement shall control.
Soctlon 2. Tenn.
'•
This Agreement shall commence on the effective date and shall tennlnate, no lat«
than June 30, 2013, aubjeot to Section 13 (Tennlnatlon).
1
AHachmenl1
Sectlon 3. £?mp1.msation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $25,000
at the rate set forth In Exhibit "A," attached and lncorporated .hereln by reference.
Consultant shall have no obligation to continue performance once the not to exceed
dol!ar 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 Imitation.
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 Coneuftant's job arrangement letter
confirming the engagb'ment 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. begaUY-4'eqYired
evertimeifedefa~~ires-fA-&XG~Gl:lrs-a-weel<~tate-taw-vafieG}-wliJ..be.billed
at~Ae-aHG-eRe-Balf (1 %) time&-tl:le-oo rmat-billiAg.r-ate,. All he City's discretion. Contractor's
Assigned Individual may be required to work the Cjtv'e 9/80 work schedule . The work
week Is Monday-Thursday 7:30A.M.-5:30A.M. and alternate Fridays from 7:30A.M. to
4:30P.M. The City will pay monthly Invoices In accordance with this Section.
3.3 Records of Expenses.
Consuttant shall keep complete and accurate records of all costs and
expenses Incidental to services covered by thls Agreement. These records will be made
available at reasonable times durlng normal business hours to the City. Invoices shall be
addressed as provided for in Section 14 below.
Soctlon 4. hdopendent 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 whicf1 accrue to
City's employees.
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Section 5. LlmltatJona Upon Subcontracting and Assignment
The experience, knowledge, capability and reputation of Consultant, Ita principals
and employees were a substanUaf inducement for the City to enter Into thls Agreement.
Consultant shall not contract with any other entity to perform the servfces required without
wrlHen approval of the City, With the exception of Consultant's third party background check
vendor. This Agreement may not be assigned, voluntarily or by operatlon of law, without
the prior written approval of the City. If Consultant Is permitted to subcootract any part of
this Agreement by City, Consultant shall be responsible to the City for the negligent act&
and omissions of Its subcontractor as It Is for persons directly employed. Nothing
conta ined in this Agrdement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
ConsuHant. City will deal directly with and will make all payments to Consullanl
Sectlon 6. Changes to Scope of Work.
For extra work not part of this Agreement. a written authorization from City Is
required prfor 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 ex~ute an addendum to this Agreement setting forth with particularfty all
terms or the new agreement, lncfudlng bul not limited to any additional Consultanrs fees.
Section 7. Familiarity with Work and/or Construction Site.
Reserved. ,.
Section 8. Tlmo of Essence.
Reserved.
Section B. Compli a nce with Law.
Consultant shall comply with all applicable taws, ordinances, codes and regulations
of federal, state and loca l government directly re lated to the provision of services under this
Agreement.
Section 10 , Conflicts o( Interest.
Consultant covenants, to the best of its ability, that It presently has no Interest and
shall not acquire any ,~nlerest, direct or Indirect, which would conflict In any manner or
3
degree with the perfonnance of the services contemplated by this Agreemenl
SectJon 11. Indemnity.
To the fullest extent permitted by law, Consuttent agrees to hold harmless the City
and its elective and appolntlve boards, officers, and employees from any and all third party
liabilities, expenses, or damages of any nature, Including reasonable attorneys' fees, for
bodily Injury or death n.f third party person, or physical damage to tangible property, only to
the ex1ent directly arising out of, the negligence, and/or lntenUonal wrongful conduct of
Consultant. Consultant's agents, officers, employees, subcontractor'8, or Independent
contractors hired by Consultant In the performance of the Agreement and to the extent not
caused by or resultlng from the negligence, reckle5sness and/or wrongful conduct of the
City, or any of its electlve or appointive boards, officers, agents, employees,
subcontractors, or Independent contractors. The Consultant shall have no responsibility for
negllgenoe, recklessness and/or wrongful conduct of the City, or any of Its elective or
appointive boards, officers, agents, employees, subcontractors, or Independent
contractors.
Sectlon 12. Insurance.
On or before beginning any of the sef\ltces or wor1< called for by any term of this
Agreement, Consultant, at Its own cost and expense, shall carry, maintain for the duration
of 1he agreement, anC: 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 INOrk on any
subcontract until an 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 Caliromla and having Q minimum Best's Guida Rating of A-Class VI or
better. ·
12.1 Comprehensive General Uabflity.
Consultant shall maintain in full force and effect Comprehensive General
Uabl1lty coverage In an amount not less than one million dollars per occurrence
($1 ,000,000), combined single limit coverage for risks ascsociated with the work
contemplated by this agreement
12.2 Comprehensive Automobile Liability.
Consu~ nt shall maintain in fuU 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 Worker&' Compensation.
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Consultant 'NiU maintain wori<&n~' compensation lnsuranca In a~rdance with the labor
Code ot Callromf_'l and covering ea employees of lhe contractor proVIding any service In the
performance of this agreement. Such lnsuranoo shell be endorsed to:
(1) Wafve the Insurer's right of Subrogation against the City and City Personnel.
A ~foment on 11n Insurance corttncat• wfllnot b• •cc•pled In H1u ofth• actual endo13em•nt
12.4 Proof of Insurance Requlrements/Endonsement.
Prior to begiMing any work under thts Agreement, Consultant shall submit
the insurance certificates , and an additional Insured endorsement naming City, its officers ,
employees, agents, and volunteers as add~lonal insureds as respects each of tile
following : Liability arising out of actlvftles parfonned by or on behalf of Consultant, klcludlng
the premises owned , occupied or used by Consuttant; or automobiles owned, leased,
hired, or borrowed by Consultant.
12.5 Notice of Canoellatlonffennlnation of Insurance.
The above policy/policies shall not lemllnaCe, nor shaU they be cancelled, nor
the coverages reduced, until after thirty (30) days' wriUen notice is given to City, except that
ten (10) daye' notice shall be given If there Is a cancellation due to failure to pay a
premium.
12.6 Tenns of Compensation.
Consultant shall receive compensation" set forth In Section 3.2. Consultant
shall comply with Ctty's reqliesl to provide certificate of Insurance demonstrating
Consultant's (:Ompll anca with all of City 's lnsumnce provisions requirements prior to the
assignment of Consultant'a Assigned lndMdua l.
12.7 Notice to Proceed.
Consutt:~nl shall not proceed with any work under this Agreement unUI the
City has Issued a written "Not ice to Proceed" verifying that Consultant has complied wi1h all
insurance requirements of this Agreement.
Section 13. TennlnnUon.
This Agreement may be terminated by any party by providing ten (1 0) days' notice to
the other party.
Any resp ect ive obligations of Consultant or City hereunder Which by their nature
would continu e beyond the tennlnat ion, canc ekation or expirat ion of this Agreement shall
survive such termination, cancellatlon or expiration.
5
Section 14. Notice.
All notices shall be personalty delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses a haN
be used fot dellvery of service of process:
To City:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto ·
San Juan capistrano, CA 92675
Attn: Human Resourc6s Department
KFORCE
1!'01 East Palm Ave.
Tampa, FL 33605
Attn: Contracts Management
Soctlon 16. Attorneys' Feos.
If any action at law or In equity Is necessary to enforce or Interpret the terms of lhls
A9reement. the prevailing party shall be entitled to reasonable attorneys' fee$, and costs.
Section 16. Dispute Resolution.
In the event of a dbpute arising between the parties regarding performance or
Interpretation of this Agreement, the dispute may be resolved by binding arbitration urider
the auspices of the Judicial Arbitration and Mediation Service (" JAMSj.
Section 17. ,['ltlre Agreement
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes alt previous negotiations between them pertaining to the subject
matter thereof. Notwithstanding any language to the contrary contained In this Agreement
or attachment hareto with regard to faxed-prfC{;l, dellverablas, acceptance of dellverables, or
milestones, Consultant shall be compensated on an hourty basis only.
Section 18. Pdctng.
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 assoclated
with higher wages for workers and/or related tax, benefit and other costs. Consultant will
provide written notioe of any lncreese In Its rates for the seiVIces, and such Increase will be
prospective, starting as of.the effect lve date Consultant specffies.
Section 19. Reference Checks.
'
Consultant checks references by asking speolfic questions to select past employers
6
with regard to akllle and work history before placing an Individual on his or her first
assjgnment and a completed Live Scan conflnnlng no criminal hlstory.
SociJon 20. Conversion.
In the event that City wishes to convert any of Consultant's Assigned JndMdual, after
1040 hours of billed ~etvlces, the City agrees to pay a oonverslon fee of $0.00 (zero
donars).
Section 21. Resume ConfldentJalltv.
City agrees to hold In confidence the Identity of Consultanra candidates .and their
resume, social security numbe r and other legally protected personal lnfonnatlon.
(SIGNATURE PAGE FOLLOWS)
7
IN WITNESS WHEREOF, the parties hereto have executed thls Agreement.
KFORCE INC.
APPROVED AS TO FORM :
( UiLLdu it {Ji.~:ti { Ernar San8'~v '"· City Attorney
a
Exhibit A
ConsuHant Will provide professional staffing services as needed to the Cfty. Blll rates
will vary from $16.00 to $50.00 per hour based on the knowledge, sJdlls and abRitles af
the temporary employees provided to City. ActuaJ bnl rate Will be negotlatecfat flme of
placement.
9
Firat Am•ndment to
Pareon•l Services Agi'Mment
THIS AMENDMENT to the Pers-onal Services Agreement between the City of San
Juan Capistrano iMCityJ and KFORC,?E Inc ., rconsultant1 Is made and entere<f Into, to
be effective the 1 day of September 2014, as follows:
RECITALS
WHEREAS, City has retained the services of Consultant to provfde profe6slonal
staffing seMOO$ pursuant to that Agreement dated as of July 1, 2012; and
WHEREAS, the City and Consultant desire to amend the tenns 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 Ia hereby extended to June 30,2015.
AU other provisiOns of the Agreement not amended hereunder shaD remain In full
force and effect.
(SIGNATURE PAGE FOLLOWS)
1
IN WITNESS WHEREOF, the parties hereto have executed this Ag reement.
CONSULTANT . I I
LQ .. 1 • '\
By: /_J.L U/ .. tE-e:----
.. KFORC E. Inc.
APPROVE lS TO FORM : lJ~j ~--·_
Hans Van Li~y AHorney
2
Second Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the City of San
Juan Capistrano ("Cily") and KFORCE Inc., ("Consultant") is made and entered into, to
be effective the 16 1h day of March 2015, as follows :
RECITALS
WHEREAS, City has retained the services of Consultant to provide professional
staffing services pursuant to that Agreement dated as of July 1, 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:
S ection 3. Compe nsation
Consultant will provide professional staffing services as needed to the City. Bill
rates will vary from $16.00 to $55.00 pe r hour based on the knowledge, skills and
abilities of the temporary employees provided to the City. Actual blll rates will be
negotiated at the time of placement. Total compensation for services hereunder shell
not exceed $45,000.
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
(SIGNATURE PAGE FOLLOWS)
1
IN WITNESS WHEREOF, the partles hereto have executed this Agreement.
CO ~~U l,A N T
eJlJl~--
KFORCE,Inc.
A TrEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
2
IN WITNESS WHEREOF, !he parties hereto have executed this Agreement.
CO~~U'jANT ,
By:!(}lfu~
KFORCE, Inc.
AT r Es· :: J
\ II
A~PPROV~t) fS TO FORM:
L./ .
Han n J~ily-At1orney
2
Third Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the
City of San Juan Ca pist rano ("City"~ and KFORCE, Inc., ("Consultant") is made and
entered Into, to be effec ti ve the 21 8 day of April2015, an fallows:
RECITALS
WHEREAS, City has retained the services of Consultant to provide
professional staffing services pursuant to that Agreement dated as of July 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:
Soctlon 3. Compensation.
Consultant will provide professional staffing services as needed to the City. Bill
rates will vary from $1B.OO to $55.00 per hour based on the knowledge, skills and
abilities of the temporary employees provided to the City. Actual bill rates will be
negotiated at the time of placement. Total compensation for services hereunder shall
not exceed $55,000.
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.
ATTEST:
Marla Morris, City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By:---,----------
Derek Reeve, Mayor
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:_~/U<~~ Dere~e, Mayor
CONSULTANT
By:.
APPROVED AS TO FORM:
l-1 ·------~
if f. -------
City Attorney
Fourth Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the
City of San Juan Capistrano ("City'') and KFORCE, Inc., ("Consultant"} Is made and
entered ln!o, to be effective the 18111 day of June 2015, 1:1s follows:
RECITALS
WHEREAS, City has retained the services of Consultant to provide
professional staffing services pursuant to that Agreement dated as of July 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 amen(! the Agreement between Cl1y
and Consultant as follows:
Soctlon 2. I!!l!b
The term of the Agreement Ia hereby extended to June 30, 2016.
Section 3. Compensation.
Consultant will provide professional staffing services as needed to the City. Bill
rates will vary from $18.00 to $55.00 per hour based on the knowledge, skllls and
abilities of the temporary employees provided to the City. Actual bill rates will be
negotiated at the time of placement. Total compensation fot services hereunder shall
not exceed $75,000.
All other provisions of the Agreement not amended hereunder shall remeln In full force
end effect.
(SIGNATURE PAGE FOLLOWS)
Attachment 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: __ l)d~
Derek Reeve, Mayor
CONSULTANT
8. d 4 !1: . Y·.-V-~~ 5 --~
APPROVED AS TO FORM:
FIFTH AMENDMENT TO
PERSONAL SERVICES AGREEMENT
PROFESSIONAL TEMPORARY STAFFING SERVICES
THIS FIFTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between
the CITY OF SAN JUAN CAPIST RA NO ("Cit y") anqKFORCE, INC ., ("Consultan t") is made
and entered into, to be effective th e .gy.t[_ d ay of ~bLW1
, 2015, as fo llows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated July 1, 2012, for Professional Temporary Staffing Servic~s (the
"Agreement"); 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 , the City and Consultant agree to the amend Section 3 .1 and Section 22 of the
Agreement as follows:
Section 3.1. Compensation Amount is amended to a total contract amount not to exceed
$120,000. Professional, temporary staffing services for each position provided is not to
exceed the budget funding available for the designated position. The amount stipulated for
each position is not a guarantee by the City to Consultant that said amount will be received by
Consultant. Rather, it represents the maximum authorization permitted without further Council
approval.
Section 22. Counterparts and Facsimile Signatures is hereby added. This Agreement may be
executed by the Parties in counterparts, which counterparts shall be construed together and
have the same effect as if all the Parties had executed the same instrument. Counterpart
signatures may be transmitted by facsimile, email , or other electronic means and have the
same force and effect as if they were original signatures .
All other provisions of the Agreement not amended hereunder shall remain in full for-ce
and effect.
[SIGNATURE PAGE FOLLOWS]
-1-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CllY OF SAN JUAN CAPISTRANO
By:D~~~
Derek Reeve, Mayor
KFORCE, INC. (CONSULTANT}
APPROVED AS TO FORM:
-2-
SIXTH AMENDMENT TO
PERSONAL SERVICES AGREEMENT
PROFESSIONAL TEMPORARY STAFFING SERVICS
THIS SIXTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and KFORCE, INC .,
("Consultant") is made and entered into, to be effective the 21st day of June, 2016, as
follows:
RECITALS
WHEREAS, the City and Consultant have entered into a Personal Services
Agreement dated July 1, 2012, for Professional Temporary Staffing Services (the
"Agreement"); 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, the City and Consultant agree to amend Section 3.1 and Section 22
of the Agreement as follows:
Section 3 .1. Compensation Amount is amended to a total contract amount not-to-
exceed $150,000. Professional, temporary staffing services for each position provided is
not to exceed the budget funding available for the designated position. The amount
stipulated for each position is not a guarantee by the City to Consultant that said
amount wi ll be received by Consultant. Rather, it represents the maximum authorization
permitted without further Council approval.
Section 22. Counterparts and Facsimi le Signatures is hereby added . This Agreement
may be executed by the Parties in counterparts, which counterparts shall be construed
together and have the same effect as if all the Parties had executed the same
instrument. Counterpart signatures may be transmitted by facsimile, email , or other
electronic means and have the same force and effect as if they were original signatures .
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 SAN JUAN C7RANO
anager
ATIEST:
APPROVED AS TO FORM :
By: ___________ _
Jeff Ballinger, City Attorney
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
KFORCE, INC. (CONSULTANT)
By : ___________ _
ATTEST:
By: ___________ _
Maria Morris, City Clerk
APPROVED AS TO FORM:
By:q#~.:--: eff Ballinge 'City Attorney
2
SEVENTH AMENDMENT TO
PERSONAL SERVICES AGREEMENT
PROFESSIONAL TEMPORARY STAFFING SERVICES
THIS SEVENTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and KFORCE, INC.,
("Consultant") is made and entered into, to be effective the 151 day of July, 2016, as
follows:
RECITALS
WHEREAS, the City and Consultant have entered into a Personal Services
Agreement dated July 1, 2012, for Professional Temporary Staffing Services (the
"Agreement"); 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, the City and Consultant agree to amend Section 2 of the Agreement
as follows:
Section 2-Term.
The term of the Agreement is hereby extended to June 30, 2017 .
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
[SIGNATURE PAGE FOLLOWS]
1 ATTACHMENT 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ___________ _
Ben Siegel, City Manager
KFORCE, INC. (CONSULTANT)
By: ___________ _
ATTEST:
By: ___________ _
Maria Morris, City Clerk
APPROVEDASTOFORM :
By : ____________ _
Jeff Ballinger, City Attorney
2