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17-0620_KFORCE, INC._E8_Agenda ReportCity of San Juan Capistrano Agenda Report 6/20/2017 EB TO : Honorable Mayor and Members of the City Council FROM : $n Siegel, City Manager SUBMITTED BY: Sam Penrod, Human Resources/Risk Manag 6 PREPARED BY: Grace Montejano, Management Ana l ys ~Jti""' DATE: June 20, 2017 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 : 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 and authorize the City Manager to execute the Eighth Amendment to the Personal Services Agreement with KFORCE, Inc., to perform as-needed professional staffing services. DISCUSSION/ANALYSIS : The City contracts for as-needed, temporary staffing services with several staffing agencies, including KFORCE, Inc., which has provided temporary staffing services since 2012. KFORCE currently provides clerical staffing assistance in the Community Services Department. The Personal Services Agreement (PSA) with KFORCE was last amended on August 21, 2016, extending the contract until June 30, 2017. Additionally, the not-to-exceed amount of $150,000 is set to be expended. Staff is recommending that an additional $40,000 be added to the contract, resulting in a new not-to-exceed amount of $190,000, and that the term of the PSA be extended to run through June 30, 2018 . City Council Agenda Report June 20, 2017 Page 2 of 2 FISCAL IMPACT: All funding for temporary, professional staffing services is offset by the salary and benefit savings of vacant positions that are included in the current and following fiscal year's budgets. There is no cost to extending the term of the contract. ENVIRONMENTAL REVI EW : 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. PRIOR CITY COUNCIL REVIEW: On August 16 , 2016, the City Council approved the Seventh 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 and Amendments Attachment 2-Proposed Eighth Amendment PE~SONAL SERVICES AGREEMENT THIS AGREEMENT Is made, entered Into , and shall become effective this 1st day of July, 2012 (the "Effecllve Oatej, by and between the City of San Juan Capistrano (hereinafter referred to as the 11City") and KFORCE INC, (hereinafter referred to as the ·consuhanr). The tenns of this Agreement shall apply to staffing services provided by the Irvine, CA office of Kf~·ce Inc. 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: Soctlon 1. Scope of Work. The &cope of work to be perfonned by the Consultanlaha11 eonals t of professional staffing services as aet forth In Exhibit "A," attached and Incorporate<! herein by reference. City agrees · that It Is responsible for supervising Consultant's temporary employees (uA&slgned lndtvldualj: Ctty shall not penni! or require an Assigned Individual (I) lo perform services outside of the scope of his or her assignment, (II) to sign contracts or statements (including SEC documents}, (Ill) to make any management decisions, (lv) to sign, endorse, wire, transport or otherwise convey cash, seeuritles, checks, or any negoUable lnsbuments or valuables, (V) to pe'rforrn services remotely (e.g., on premises other !han Chy's or City's cu11tomer's premises), or to use computers, software or network equipment owned or licensed .by the Assigned lndMdual or (vi) to operate machinery (other than offiCe machines) or automotive equipment. Since Consultarit Is not a professional accounUng flnn, Oily agrees thai It will not permit or require Constdtant'a Asslgned Individual (a) to render an opinion on behalf of Consultant or on City's behalf regan:11ng financial statements~ (b) to ~lgn the name of Consultant on any document or (c) to sign their own names on financial statements or tax returns. To the extent that there are any conflicts between the provisions descr1bed In Exhlbft •A" and those provisions contained Within this Agreement, the provisions In this Agreement shall control. Soctlon 2. Term . .. This Agreement shall commence on the effective date and shall tellnlnate, no lat« Chan June 30 1 2013, subject to Section 13 (Termination). 1 ATTACHMENT 1 Soctlon 3. ~Qmponsation. 3.1 Amount. Total compensation for 1he services horeunder aha II not e)(oeed $25,000 at the rate set forth In Exhibit "A,• at1ached and lnoorporated.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 relatlon to the not to exceed omount. City will either tennlnate the assignment or Increase the not-to~x~d amount prior to attalnm~nt of the not-to-exceed dollar amount Imitation. 3.2 Method of Payment. Subject to Section 3.1, Consultant's A&slgned Individual will submit a time sheet for City's verification and approval at the end of each week. CHy'a approval thereby will indicate Its acx:eptance of the terms provided In Consultant's Job arTBngement letter confirming the engagb'ment of that Assigned Individual. Consultant shall submit monthly invoices based on total services which have been completed for soch preceding monthly period and Consultant's Invoices are due within thirty (30) days of receipt. begally.teq~o~ired avertime--{~edef:ai.Jaw.r-equiJes-iA-&XGe&.>-GI-4~aw~ek~late-taw-var~lll-be-bllloo at-eAa.aM-eRe-t:latf (1 14) limes-tJ:Ie.mnmal-billiAg-rate: AI the City's discretion, Contractor's Assigned Individual may be required to worts the Cjly's 9/60 work schedule . The work week Is Monday-Thursday 7:30A.M.-5:30A.M. and alternate Fridays from 7:30 A.M.lo 4:30 P.M. The City will pay monthly Invoices In acoordanoe with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of an coats and expenses Incidental to servl~s covered by thls Agreement. These records Will be made available at reasonable tlmea dur1ng normal business hours to the City. Invoices shall be addressed as provided for in Sec!Jon 14 below. Soctlon 4. h~Jopendont 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 beneflt6 whlcfl accrue to City's employees. 2 Section 5. Limitations Upon Subcontracting and Asslgnmont The uperlence, knowledge, capability and reputation of Consultant, Ita principals and employees were a substanUallnduoement for the City to enter Into thfs Agreement. Consultant a han not contnlct with any olher entity to perform the servlc:es required without written approval of the City, wHh the exception of Consultant's third party background chack vendor. This Agreement may not be assigned, voluntarily or by operation of law, without the prior wrftten approval of the City. If Consultant Is permitted to subcontract any part or this Agreement by City, Consultant &hall be responsible to the City for the negligent acts and omissions of Its subcontractor as II Ia for persons directly employed. Nothing contained in this Agrdement shall create any conlrectual relationships between any subcontractor and City. All persons engaged in the wort< will be considered employees of Consultant. City will deal directly with and Will make all payments to Consulfanl Soctlon 6. Chonges to Scope of Work. For extra work not part of this Agreement, a written authorization from Ctty Is required prior to ConsuHant undertaking any extra work In the ~vent of a change In the Scope orWori< provided ror In the contract documents as requested by the Clty.lhe Parties hereto shall execute an addendum to this Agreement setting forth with partlct~larity all terms or the new agreement, Including but not limited to any addlllonal Consuttanrs fees. Soctlon 7. Familiarity w1U1 Work and/or Construction Slto. Reserved. ,. Suction 8. Tlmo of Essence. Reserved. Soctlon 9, Compllanco with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, &tate and local government directly related to the provision of services under this Agreement. SectJon 10. Conflicts of Interest. Consultant covenanhl, to the best of Its ability, that It presently has no Interest and shall not acquire any ,:nterest, direct or Indirect, which would ~nfllct In any manner or 3 degree with the perfonnance of the services contemplated by this Agreement SeotJon 11. Indemnify, To the fullest extent permttted by law, Consuttant agrees to hold hannless the City and Its elective and appointive boards, officers, and employees from any and all third party llabiiHies, expenses, or damages of any nature, Including reasonable attorneys' fees, for bodily Injury or death n• third party person , or physical damage to tangible property, only to tho extent directly arising out of, the negligence. and/or Intentional wrongful conduct of Consultant. Consultant'& agents, officers, employee&, subcontractors, or Independent contractors hired by Consultant In the performance of the Agreement and to the extent not caused by or resuiUng from the negligence, recklessness and/or wrongful conduct of the City, or any of Its elective or appointive boards, office rs, agents, employees, subcontractors, or Independent contractors. The Consultant shall have no responsibility for negligence, recklessness and/or wrongful <X'Induct of the City, or any of its elective or appointive boards, officers, agents, employees, subcontractors, or Independent contractors. Section 12. lnsunmco. On or before beginning any of the sef\'Wes or worl< called for by any term of this Agreement, Consultant, at Its own cost and expense, shall carry, maintain for the duration of the a9reement, ancl provide proofihereofthat 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 IN'Ork on any subcontract until an lnsucance required of lhe Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers In good standing with the State of California and having a minimum Best's Guide Rating of A-Class VI or better, 12.1 Comprehensive G&neral Uabtlity. Consultant shall maintain in full force and effect Comprehensive General Uabltlty coverage in an amount not le&a than one million dollars per occurrence ($1 ,000,000), combined single llmlt coverage for risks associated with the work contemplated by this agreement 12.2 Comprehensive Automobile Liability. Consult.!' ntshall maintain in fuW force and effect Comprehensive Automobile Liability coverage, Including owned, hired and non-owned vehicles In an amount not less than one million dollars per occurrence ($1,000,000). 12.3 Workers' Compensation. 4 Consultant will maintain worl<8f'B' compensation Insurance In accordance With the Labor Code of canromt" and covering ea employeos of lhe contractor pi'OV!dlng any eervloe In the performance of thla agreement. Such Insurance ahall be endorsed to: (1) Waive the Insurer's right of Subrogation against the City end City Personnel. A •t.ment on •n ln$urance corlincat• will not be •ccaptad In Rau oftht sctualendors.ment 12.4 Proof of Insurance Requlrementa/Endoraement. Poor to begiMing any wort( under thl& Agreement, Consultant shall submit the Insurance ~rtifioat68, and an additional Insured elldo11ement naming City. its offlcer~, employees, agents, and volunteers as additional Insureds aa respects each of the following : Liability arising out of actlvttles perfonned by or on behalf of Consultant. Including the premises owned , occupied or used by Consuftant; or automobiles owned, leased, hired, or borrowed by Consultant. 12.5 Notic:e of Cancellitlon/Tennlnation of lns"rance. The above policy/policies shall not lemllnale, nor sha.U they be cancelled, nor the coverages reduced, until after thlrty (30) days• written notice is given to City, except that ten (10) daya• notice &hall be glv~n If there Is a cancellalion due to failure to pay a premium. 12.8 Tenns of Compensation. Con&ultanl &haft receive compensation" &et furth In Section 3.2. Consultant shall comply with CHy's reqUest to provide certificate of Insurance demonstrating Consultant's compHanco with all of City's Insurance provisions requirements prior to the assignment of Consultant'• Anlgned lndMdual. 12.7 Notice to Proceed. Conaultc~nr shall not proceed with any work under this Agreement unUI the City has Issued a written "Notice to Proceed" verifying that Consultant has oornplied with all insurance requirements of this Agreement Section 13. ·Tannlnntlon. Thls Agreement may be terminated by any party by providing ten (10) days' notice to the other party. Any respective obligations of Consultant or City hereunder which by their nature would continue beyond the termlna llon, canceKatlon or expiration of this Agreement shall survive such tennlnatlon, c:ancellaUon 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. The&e addresses shaH be used for' delivery of service of prooass: To City: To Consurtanl: City of San Juan Capistrano 32400 Paaeo Adelanto · San Juan capistrano, CA 92675 Attn: Human Resou~s Department KFORCE 1!101 East Palm Ave. Tampa, Fl33605 Attn: Contracts Management Soctlon 16. Attomovs' Feos. If any action at law or In equity I~ necessary to enforce or Interpret the terms of lhl~ Agreement. the prevaHing party shall be entitled to reasonable attorneys' rees, and costs. Sectlon 16. Dispute Resolulion. In the event of a dl&pute arising between the parties regarding performance or interpretatlon of this Agreement, the dispute may be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 11. E_rytlro Agreement This Agreement constitutes the entire understanding and agreement between the parties and supersedes atr prelflous negotlations between them pertaining to the subJect matt or thereor. Notwithstandtna any language Ia the contrary contained In this Agreement or attachment hiireto with regard to fixedi)rlce, deltvemblas, acceptance of dellverables, or milestones, Consultant shall be compensated on an hourly basis only. Section 18, Pricing. Consultant may lncrease Its mtes for the services provided under thls Agreement to reneot Increases In Consultant'a own costs of doing business, Including costs assoclated with higher wages for worners and! or related tax, benefit and other costs. Consultant will provide written notioe of any lnorease In Its rntes for1he seiVIoes, and such Increase will be prospective, starting as of .the effective date Consultant specffies. Soc11oo 19. Beferenco Checks . • Consullanl checks references by asking specific questions to select past employers 6 with regard to akiUe and wort< history before placing an lndMdual on his or her first .assignment and a completed Live Scan connnnlng no criminal hlstOfY. Soctlon 20, Conversion. In the event that City wlahee to convert any of Consultanfs Assigned lndMdual, after 1040 hours of billed ~rvlces, lh~ City agrees to pay a oonverslon fee of $0.00 (zero donars). Section 21 . Resume Confldenthtlltv. City agrees to hoi~ In confidence ihe Identity of Consultanfs candldates~nd their resume, social security number and other legally protected peraonallnl'omlatlon. (SIGNATURE PAGE FOUOWS) 7 IN WITNESS WHEREOF, the parties heretQ have executed this Agreement. KFORCE INC. / APPROVED AS TO FORM : ( tULu t_Llll~,· j~_ tTnar S<)n8'ovctl. City Allor~ 8 Exhlb~A Consultant will provide profe5slonal8tefflng services es needed to the City. Bill rates will vary from $18.00 to $50.00 per hour based on the knowledge, Bkllls and abRitles of the tempol'ary employees provided lo City. Actual bUI rate Will be negotlate<ht time of placement. .. 9 Flret AnMndment to Pareon•l Service• Ag .... ment THIS AMENDMENT to the Personal Services Agreement between the City of San Juan Caplstmno i"City1 and KFORCE Inc., {"Consultant") Ia made and entered Into, to be effective the 1 day of Septembe r 2014, aa follows: RECITALS WHEREAS, City has retained the services of Consultant to provide profe6slonal staffing services 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 heraunder. AMENDMENT NOW lliEREFORE, In consideration of the promises of mutual covenants contained therein, City and Consultant agree to amend the Agreement between City and Consultant aa follows: Section 2. Tenn. The tenn of the Agreement Is horeby extended to June 30, 2015. AD other provisions of the Agreement not amended heraunder shan remain In full force and effed. (SIGNATURE PAGE FOLLOWS) 1 IN WITNESS WHEREOF, tne parties hereto have e)(ecuted this Agreement. APPROVEO~S TO FORM : {#/ I ---~· -d~-L .~~-- Hans Van Lig en. City Attorney 2 CONSULTANT . I .. Lq .. 1 . \ By: L.lL L.V· \fi~­ .. KFORCE . Inc. CJ-9-If' Second Amendment to Personal Services Agreement THIS AMENDMENT to the Personal Services Agreement between the City of San Juan Capistrano ("City") and KFORC E Inc., (''Cons ultant") is made and entered into, to be effective the 16 1h day of March 201 5, as f ollows: 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 1o 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 be1ween City and Consultant as follows: Section 3. Compensation Consultant will provide professional staffing services as needed to the City. Bill rates will vary from $1 e.oo to $55.00 pef hour based on the knowledge, skills and abilities of the temporary employees provided to lhe City. Actual bill rates wtll be negotiated at the time of placement. Total compensation for services hereunder shall 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 Agreemenl A TrEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney 2 CO~~ULJANT By:!t/L/1 ,/ ----KFORC~ IN WITNESS WHEREOF, lhe parties hereto have executed this Agreement. CO~~U~'ANT By:/_(L/l_lh~----- KFORCE , Inc. A~J:;O FORM: H~~:i~ily ·Atforney 2. Third Amendment to Personal Services Agroement THIS AMENDMENT to the Personal Services Agreement between the City of San Juan Ca pistrano ("City"~ and KFORCE, Inc., (''Consu ltant") is made and ente red Into, to be effective the 21 ' day of Apri12015, a~~ 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 1he terms of the Agreement as provi ded 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, Componsatlon. Consultant will provide professional staffing services as needed to the Clty. Bill rates will vary from $18.00 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 &hail 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 FO~M: City Attorney CITY OF SAN JUAN CAPISTRANO ~:~~=---~---------­Derek Reeve, Mayor IN WITNESS WHEREOF, the parties hereto have el<ecuted this Agreement. CITY OF SAN JUAN CAPISTRANO By: Dere!J-t~l-~~ CONSULTANT By: '\ . \ ATre.sl· . I \ 1 ; \ .\\ \\i\1 <.___(" APPROVED AS TO FORM: Jl :---··-J City Attorney Fourth Amendment to Pereonal Services Agreement THIS AMENDMENT to the Personal Setvices Agreement between the City of San Juan Capistrano ("City'') and KFORCE, Inc., ("Consultan1"} Is made and entered Into, to be effective the 1611\ day of June 2015, ms follows: RECITALS WHEREAS, City has retained the services of Consultant to provide professional staffing services pursuant to 1hal 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 City and Consultant as follows: Section 2. !.!!I!!. 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 ond abilities of the temporary employees provided to the City. Actual bill rates will be negotiated a1 the time of placement. Total compensation fat services hereunder shall not exceed $75,000. All other provisions of the Agreemonl not amended hereunder shall remain In full force and effect. (SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, lhe parties hareto have exeouted this Agreement. CITY OF SAN JUAN CAPIST!1ANO By. ___ lJ~{-~ De rek Reev e , Mayor 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 RANq ("Ci1y") a nq KFORC~, INC., ("Consu ltan t") is made and entered into, to b~ effective t he ~-4-day of ~. 2015, as f ollows: 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 consideralion 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. CITY OF SAN JUAN CAPISTRANO By:D~ ~,_g_ Derek Reeve, Mayor KFORCE, INC. (CONSULTANT} By:M~;;2 - 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 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 force and effect. [SIGNATURE PAGE FOLLOWS] 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. KFORCE, INC. (CONSULTANT) 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¢~~ eft 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 1st 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO KFORCE, INC. (CONSULTANT) ---- APPROVED AS TO FORM: - 2 EIGHTH AMENDMENT TO PERSONAL SERVICES AGREEMENT PROFESSIONAL TEMPORARY STAFFING SERVICES THIS EIGHTH 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 1st day of July, 2017, 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 Sections 2 and 3.1 of the Agreement as follows: - Section 2 -Term. The term of the Agreement is hereby extended to June 30, 2018. Section 3.1 -Compensation. Compensation Amount is amended to a total contract amount not-to-exceed $190,000. Professional, temporary staffing services for each position provided is not to exceed the budget funding available for the designated position. The amount stipulated 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. 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 APPROVED AS TO FORM : By: ____________ _ Jeff Ballinger, City Attorney 2