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HomeMy WebLinkAbout09 - Amendment to Temp LaborSEW PpRr CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 9 February 11, 2014 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mike Pisani, Municipal Operations Department Co- Director 949 644 -3055, mpisani @newportbeachca.gov PREPARED BY: Rachell Wilfert APPROVED: O._� TITLE: Approve Amendment No. Two to Agreement for Temporary Laborer Services with Advanced Resources, LLC. ABSTRACT: The Municipal Operations Department ( "MOD ") uses a temporary labor service during periods of high demand. To supplement City staff, MOD also utilizes temporary employees to fill in for vacancies created through retirements and promotions before the positions can be filled through the recruitment process. RECOMMENDATION: Approve the Amendment No. Two to the Agreement with Advanced Resources, LLC for temporary laborer services, and authorize the Mayor and City Clerk to execute the agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this purchase. It will be expensed to the Services — Professional/Technical accounts in various divisions of the Municipal Operations Department, 31XX -8080. DISCUSSION: On April 11, 2013, MOD sent out a Request for Proposals ( "RFP ") for Temporary Labor Services. The RFP closed on April 25, 2013, and as a result of the RFP, the City entered into an Agreement with Advanced Resources, LLC for temporary laborer services for a total amount not to exceed $120,000 and termination date of September 30, 2014. The Municipal Operations Department uses a temporary laborer services on a seasonal basis during the summer periods of high demand to perform miscellaneous beach maintenance duties. Over the term of the agreement MOD had the need for Approve Amendment No. Two to Agreement for Temporary Laborer Services with Advances Resources, LLC. February 11, 2014 Page 2 temporary employees to fill vacancies created through retirements and promotions in the Refuse and Parks Divisions. The original agreement only accounted for the costs necessary to staff seasonal summer help for the summer seasons of 2013 and 2014. In order to fund the services of the additional employees, MOD is requesting to increase the total not to exceed amount of the current agreement by $130,000. The temporary employees currently utilized in the Refuse and Parks Division will end service once the transition to CR &R commences on March 31; however, the Department will utilize temporary labor assistance during the summer months. The Municipal Operations Department recommends the approval of Amendment No. Two to increase the compensation of the agreement with Advanced Resources, LLC by $130,000 for a total amount not to exceed $250,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: VL Mike Pisani Co- Director Attachments: A. Amendment No. Two to Service Agreement with Advanced Resources LLC for Temporary Laborer Services 4 Attachment A: Amendment No Two to Services Agreement with Advanced Resources, LLC for Temporary Laborer Services AMENDMENT NO. TWO TO SERVICES AGREEMENT WITH ADVANCED RESOURCES, L.L.C. FOR TEMPORARY LABORER SERVICES THIS AMENDMENT NO. TWO TO SERVICES AGREEMENT ( "Amendment No. Two ") is made and entered into as of this 6th day of February, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and ADVANCED RESOURCES, L.L.C., a California limited liability company ( "Contractor"), whose address is 1300 Bristol Street North, Suite 100, Newport Beach, CA 92660, and is made with reference to the following: RECITALS A. On May 29, 2013, City and Contractor entered into a Services Agreement ( "Agreement") for temporary laborer services ( "Project"). B. On December 2, 2013, City and Contractor entered into Amendment No. One to reflect revised billing rates. C. City desires to enter into this Amendment No. Two to increase total compensation. D. City and Contractor mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, It is mutually agreed by and between the undersigned parties as follows: COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, as amended, including all reimbursable items fees, shall not exceed Two Hundred Fifty Thousand Dollars and 001100 ($250,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Contractor's additional compensation in accordance with this Amendment No. Two, including all reimbursable items, in an amount not to exceed One Hundred Thirty Thousand Dollars and 00/100 ($130,000.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1- 30 - I'-(- CITY OF NEWPORT BEACH, a California municipal corporation Date: By: wt AD By: Aaron ., Harp Rush Hill City Attorney 0 Mayor ATTEST: CONTRACTOR: ADVANCED Date: RESOURCES, L.L.C., a California limited liability company Date: By: By: Leilani I. Brown Riaz Chaudhary City Clerk President [END OF SIGNATURES] Advanced Resources, L.L.C. Page C -2 e