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HomeMy WebLinkAbout08 - Amendment No. One to Agreement for Temporary Laborer ServicesTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report July 26, 2016 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Mike Pisani, Municipal Operations Director - 949-644-3055, mpisani@newportbeachca.gov PREPARED BY: Rachell Wilfert, Management Assistant, rwilfert@newportbeachca.gov PHONE: 949-644-3010 TITLE: Amendment No. One to Agreement for Temporary Laborer Services with Cathyjon Enterprises, Inc. DBA HB Staffing ABSTRACT: The Municipal Operations Department ("MOD") uses a temporary labor service during periods of high demand, such as the busy summer season. 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: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the Amendment No. One to the Agreement with Cathyjon Enterprises, Inc. DBA HB Staffing 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 service. It will be expensed to the Professional/Technical accounts in various divisions of the Municipal Operations Department. 8-1 Amendment No. One to Agreement for Temporary Laborer Services with Cathyjon Enterprises, Inc. DBA HB Staffing July 26, 2016 Page 2 DISCUSSION: On March 3, 2015, MOD sent out a Request for Proposals ("RFP") for Temporary Labor Services. Following an analysis of the proposals, the City entered into an Agreement with Cathyjon Enterprises DBA HB Staffing (HB Staffing) for temporary laborer services for a total amount not to exceed $120,000 and termination date of April 30, 2017. 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 additional temporary employees to provide help for projects related to the storm season and fill temporary vacancies. The original agreement only accounted for the costs necessary to staff seasonal summer help for the summer seasons of 2015 and 2016. In order to fund the services for the remainder of the contract term, MOD is requesting to increase the total not to exceed amount of the current agreement by $45,000. The Municipal Operations Department recommends the approval of Amendment Number One to increase the compensation of the agreement with HB Staffing by $45,000 for a total amount not to exceed $165,000. 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). ATTACHMENTS: Attachment A - Amendment No. One to Agreement ATTACHMENT A A MEI1 DMEN T NO. ONE TC SERIVIC9S1 AGRIE13MENT WITH CAIIHYIJON 9NTERIFIRIISES, INC. DEA FB SIIIAFIRING ACR 119MPORIA RIYI LABC RIERI SBRMICES THIS AMENDMENT NC. CNE TO SIBRVICBS AGREEMONT ("Arrieindment Nc. C ne "; is rriadei and ante ned into as cf this 26th day cf J L ly, 2016 Il"Effective ❑ate ",', by and ketwleeri the CITY OF NEWPORT BEACH, a Califcrnia municipal corporation and charter city ("City"), and CATHYJCN ENTERPRISIES INC., DBA FB 81AFRING, a Cailifc rniai cc rpc ration (" Ceniraictc r";, whc se address is 2120 Main SltneEt, Suites 250, H L ntirigtc ri Beach, Califcrnia 92 64 8, and is me de with ne fere nce tc the following: RECITALS A. On April 20, 2015, City and Cc ntractc r e me read into a Services Agneein-ie ni Ij"A grEernent") fem TerTipc rary Laborem Services. B. Elinae entering into the Agreemerill, the vclurTie of work needed by the City cove red by the Agreement is r ighe r than originally anticipated. Such work includes providing teimpc rary labc re n services Il"Project"). C. Tree parties desire to einieir into this AMndrrieint No. Cnei to increases the iota] cempeirisation fcr thea Agneieinieini to acccL nt fcr thea increased vols mei of wcirk ncil anticipated at the 1liM cf eixecL ting it ei Agreeirrieiriil. NOW, THERIEFCRIE, ill is mutually agrEed by and betwleen Ihei undersigneid partieis as follows: ' . COMPENSATION TO CONSIULTANT Slection 4.1 of the Agreeiment is arrieinced in its eiritireity and neplaced with Ihei following: "City shall pay Ceniractcn fcn thea Elervices cn a time and expeinsei ncit-tc- eixaeeic basis in aiccerdaricei with the provisicris cf 11his Slection and iter SlcihEdUIEi of Billing Raters ablacheid herello as Bxt ibit B and iricc rpc rated heireiiri by neference. Contracllor's ccirripEnsallicri fcr all Work peiricrmed in accordance with this AgmeMnt, incl ding all reiirribursablei illeims and subaentracter feels, stall not exceed C ne Hunc ned Sixty Five THo us aric Dolla nsi and 00/100 ($165,000.00;, wiir c L t pric r w ritllen aLthcrizatien from Ciiy. No billing rates changers shall be made duning the teirrri of this Agreeirrieini withc ut it ei pric r writllein approval cf Ciq." ]rhes total amended ccrripeinsaiien reflects Contractor's additional cempeinsaiicn far additional "Slerviiceis" (ass defined in thea Agreeiment,' tc bei perfcarieid in acccirdancei wiih this A mendmeint Ne. C nes, including all reiimbursablei iteirris and sl,bcensuliant feces, in an amcL nt nci tc exceed Forty Five Thousand Doillarsi and OOA 00 ($451,000.00). 21. IN TEG RIATI313 CONARIA CT Excerpt as expressly rricidified heireiri, all ether previsions, terms, and ccveinanis SEI fcrih in Ihei AgmeMnt shall remain unchanged and shall bei in full ticraei and eiffEC11. 8-3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below, APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By. 4C Aaron C. Harp aF.c_1b City Attorney ATTEST: Date: Leilani I. Brawn City Clerk. CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Diane B. Dixon Mayor CONTRACTOR: CATHYJON ENTERPRISES INC., dba HB STAFFING, a California corporation Date: AN Cathy Volpe President Date: By: Jonathan Paul Secretary [END OF SIGNATURES] CathyJon Enterprises, Inc. dba HB Staffing Page 2