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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. 2 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. 4 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