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.
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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