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