HomeMy WebLinkAbout08 - Amendment No. One to Agreement for Temporary Laborer Services - AmendedAMENDED
July 26, 2016
Item No. 8
AMENDMENT NO. ONE TO
SERVICES AGREEMENT
WITH CATHYJON ENTERPRISES, INC. DBA HB STAFFING FOR
TEMPORARY LABORER SERVICES
THIS AMENDMENT NO. ONE TO SERVICES AGREEMENT ("Amendment No.
One") is made and entered into as of this 26th day of July, 2016 ("Effective Date"), by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and CATHYJON ENTERPRISES INC., DBA HB STAFFING, a
California corporation ("Contractor"), whose address is 2120 Main Street, Suite 250,
Huntington Beach, California 92648, and is made with reference to the following:
RECITALS
A. On April 20, 2015, City and Contractor entered into a Services Agreement
("Agreement") for Temporary Laborer Services.
B. Since entering into the Agreement, the volume of work needed by the City
covered by the Agreement is higher than originally anticipated. Such work
includes providing temporary laborer services ("Project").
C. The parties desire to enter into this Amendment No. One to increase the total
compensation for the Agreement to account for the increased volume of work not
anticipated at the time of executing the Agreement and to reflect supplement
conditions to the Scope of Services to the Agreement, as amended by this
Amendment No. One.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
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,
including all reimbursable items and subcontractor fees, shall not exceed One Hundred
Sixty Five Thousand Dollars and 00/100 ($165,000.00), 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
for additional "Services" (as defined in the Agreement) to be performed in accordance
with this Amendment No. One, including all reimbursable items and subconsultant fees,
in an amount not to exceed Forty Five Thousand Dollars and 00/100 ($45,000.00).
CATHYJON ENTERPRISES, INC. DBA HB STAFFING Page 1
2. SUPPLEMENTAL SCOPE OF SERVICES
Exhibit A to the Agreement shall be supplemented to include the Supplemental
Scope of Services, attached hereto as Exhibit A-1 and incorporated herein by reference.
Any reference to Exhibit A in the Agreement shall hereafter refer to Exhibit A to the
Agreement as supplemented by Exhibit A-1 attached hereto.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
CATHYJON ENTERPRISES, INC. DBA HB STAFFING Page 2
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: 7Za 611L
By: - ��br-
Aaron
C. Harp
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Attachment:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONTRACTOR: CATHYJON
ENTERPRISES INC., dba HB STAFFING,
a California corporation
Date:
By:
Cathy Volpe
President
Date:
By:
Jonathan Paul
Secretary
[END OF SIGNATURES]
Exhibit A-1 — Supplemental Scope of Services
CATHYJON ENTERPRISES, INC. DBA HB STAFFING Page 3
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• OTHER CONDITIONS
o No single temporary laborer shall (1) work more than nine hundred ninety
nine (999) hours for the City in any twelve month period covered by this
Agreement or (2) have previously been members of the California Public
Employees' Retirement System (CaIPERS).
CATHYJON ENTERPRISES, INC. DBA HB STAFFING Page A-1