to: honorable mayor and members of the city council 1y0)

City of San Juan Capistrano Agenda Report

TO: Honorable Mayor and Members of the City Council

FROM: Michelle Bannigan, Assistant Finance Director 1Y0) DATE: February 16, 2016

2/16/2016

F16

SUBJECT: Consideration of a Third Amendment to the Personal Services Agreement for Professional Staffing Services (Government Staffing Services, Inc. dba MuniTemps)

RECOMMENDATION:

By motion, approve the Third Amendment to the Personal Services Agreement with Government Staffing Services, Inc. dba MuniTemps for professional staffing services.

EXECUTIVE SUMMARY:

The City currently has a contract with Government Staffing Services, Inc. dba MuniTemps (MuniTemps) to provide temporary staffing services for an Interim Customer Service Supervisor. However, currently the City's Accountant is performing the duties as Interim Customer Service Supervisor. As a result, temporary staffing is needed to backfill the Accountant position until the recruitment for the Customer Service Supervisor position has been completed. Salary savings from the vacant Customer Service Supervisor position are sufficient to fund both the Accountant's increased hourly rate for the acting status pay as well as the temporary staffing services to be provided by Munitemps. Staff is recommending approval of the Third Amendment (Attachment 1 ), which modifies the scope of work to include temporary staffing services related to the Accountant position.

DISCUSSION/ANALYSIS:

The City has contracted with MuniTemps since March 2015 (Attachment 2) for temporary staffing services in the Customer Service Division of the Finance Department due to its Customer Service Supervisor vacancy. In May 2015, the First Amendment to the Personal Services Agreement increased the compensation amount from $10,000 to $45,000 (Attachment 3). In July 2015, the Second Amendment to the Personal Services Agreement increased the compensation from $45,000 to $146,350 and extended the term of the contract from September 30, 2015, to June 30, 2016. Staff is recommending modifying the scope of work to include temporary staffing services related to the Accountant position.

City Council Agenda Report February 16, 2016 of 2

FISCAL IMPACT:

The costs are offset by salary and benefit savings from the vacant Customer Service Supervisor position.

ENVIRONMENTAL IMPACT:

Not applicable.

PRIOR CITY COUNCIL REVIEW:

On July 21, 2015, the City Council approved the Second Amendment to the Personal Services agreement, which extended the term of the agreement to June 30, 2016, and increased the not-to-exceed amount to $146,350.

COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:

This item does not go through the Commission/Committee process,

NOTIFICATION:

Compliance Office, Government Staffing Services, Inc. dba MuniTemps

ATTACHMENTS:

Attachment 1 - Third Amendment Attachment 2 - Personal Services Agreement Attachment 3 - First Amendment Attachment 4 - Second Amendment

THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT

THIS AGREEMENT is made, entered into, and shall become effective this __ day of 2016, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Government Staffing Services, Inc. dba MuniTemps (hereinafter referred to as the "Consultant").

RECITALS

WHEREAS, City has retained the services of Consultant to provide an Interim Customer Service Supervisor pursuant to the scope of work included in the Agreement dated March 16, 2015; and,

WHEREAS, the City amended the Agreement in the First Amendment to the Agreement, dated as of May 11, 2015; and,

WHEREAS, the City amended the Agreement in the Second Amendment to the Agreement, dated as of July 21, 2015; and,

WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder.

AMENDMENT

NOW THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the Agreement between City and Consultant as follows:

Section 1. Scope of Work.

The scope of work to be performed by the Consultant shall consist of professional temporary staffing services as needed by the City.

Section 2. Term.

This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue through June 30, 2017.

Section 3. Compensati.on.

Total compensation for the services hereunder shall not exceed $146,500. The City may hire (convert) any employee of the Consultant at buyout fee of 9% of annual salary offered to Consultant employee by the City after completion of 980 hours of billed services. The hourly rate shall be set at the time the employee is retained by the City based on the experience and market rate for such work.

1 ATTACHMENT 1 -Page 1 of 3

Section 4. Remaining Provisions of Agreement.

Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

ATTEST:

Maria Morris, City Clerk

APPROVED AS TO FORM:

E) abeth Hull, Deputy City Attorney

CITY OF SAN JUAN CAPISTRANO

By: ________________________ _

Pam Patterson, Esq., Mayor

CONSULTANT

By: ________________ ~~----John Herrera, President/CEO Government Staff Services, Inc. dba MuniTemps

2 ATTACHMENT 1 - Page 2 of 3

3 ATTACHMENT 1- Page 3 of3

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made, entered into, and shall become effective this 16th day of March, 2015, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Government Staffing Services, Inc. dba MuniTemps (hereinafter referred to as the "Consultant").

RECITALS:

WHEREAS, City desires to retain the services of Consultant regarding the City's proposal for professional temp staffing services; and

WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services.

NOW, THEREFORE, City and Consultant mutually agree as follows:

Section 1. Scope of Work.

The scope of work to be performed by the Consultant shall consist of professional temp staffing services as it relates to the Customer Service Supervisor position. (Refer to Exhibit "A" for job description.) and consultant's business procedures.

Section 2. Term.

This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than September 30, 2015, subject to Section 13 (Termination).

Section 3. Compensation.

3.1 Amount.

Total compensation for the services hereunder shall not exceed $10,000 at a rate of $49.50 per hour. The City may hire (convert) any employee of the Consultant at buyout fee of 9% of annual salary offered to Consultant employee by the City after completion of 980 hours of billed services.

3.2 Method of Payment.

Subject to Section 3.1, Consultant shall submit by- weekly invoices based on total services which have been satisfactorily completed for such by-weekly period. The City will pay monthly progress payments based on approved weekly timesheets in accordance with this Section.

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ATTACHMENT 2

3.3 Records of Expenses.

Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below.

Section 4. lndepen_dent Contractor.

It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees.

Section 5. Limitations Upon Subcontracting and Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant.

_Section 6. Changes to Scope of Work.

For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees.

Section 7. Familiarity with Work and/or Construction Site.

By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City.

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ATTACHMENT 2

Section 8. Time of Essence.

Time is of the essence in the performance of this Agreement.

Section 9. Compliance with Law.

Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government.

Section 10. Conflicts of Interest.

Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant.

Section 11. Copies of Work Product.

At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing.

Section 12. Ownership of Documents.

All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services.

Section 13. Indemnity.

To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive

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ATTACHMENT 2

boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.

To the fullest extent permitted by law, City agrees to protect, defend, and hold harmless Consultant and its board members, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of City, City's agents, officers, employees, subcontractors, or independent contractors of the City. The only exception to City's responsibility to protect, defend, and hold harmless the Consultant, is due to the negligence, recklessness and/or wrongful conduct of the Consultant, or any of its board members, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by City.

Section 14. Insurance.

On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better.

14.1 Comprehensive General Liability.

Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($2,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit.

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ATTACHMENT 2

14.2 Comprehensive Automobife Liability.

Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and nonowned vehicles in an amount not less than one million dollars per occurrence ($2,000,000.00).

14.3 Workers' Compensation.

If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law.

14.4 Proof of Insurance Requirements/Endorsement.

Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers.

14.5 Errors and Omissions Coverage

Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($2,000,000). Prior to beginning any work underthisAgreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied.

14.6 Notice of Cancellation/Termination of Insurance.

The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium.

14.7 Terms of Compensation.

Consultant shall not receive any compensation until all insurance provisions have been satisfied.

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ATTACHMENT 2

14.8 Notice to Proceed.

Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement.

Section 15. Termination.

This agreement will be terminated when: the City completes the recruitment for the Interim Customer Service position. At such time, the City will provide the Consultant with ten (10) days' notice to terminate the agreement.

In addition, this Agreement may be terminated by any party with or without cause immediately by providing written notice (i.e. email) to the other party.

Section 16. Notice.

All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process:

To City:

To Consultant:

City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Michelle Bannigan, Assistant Finance Director

Government Staffing Services, Inc., dba: MuniTemps PO Box 718 Imperial Beach CA 91933 Attn: Compliance Office

Section 17. Attorneys' Fees.

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

Section 18. Dispute Resolution.

In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").

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ATTACHMENT 2

Section 19. Entire Agreement.

This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof with the exception of the Exhibit "A" discussed in Section 1.

1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.


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ATTACHMENT 2


CUSTOMER SERVICE SUPERVISOR

Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are nat intended to reflect all duties performed within the job.

DEFINITION

To direct, supervise, and coordinate the activities and operations of the Customer Service Division which includes both the main City counter and Water counter; to oversee all aspects of billing, payment collection, cash balancing, business licensing, and customer relations; to provide customer service at the Water Services public counter; to administer, maintain, and update the utility billing system; and to provide highly responsible and complex support to the Administrative Services Director.

SUPERVISION RECEIVED AND EXERCISED

Receives general supervision from Assistant Administrative Services Director.

Exercises direct supervision over technical, clerical, and field services staff.

ESSENTIAL FUNCTION STATEMENTS- Essential responsibilities and duties may include, but are not limited to, the following:

Essential Functions :

{ Assumes management responsibility for all day-to-day services and activities of the Customer Service Division including the main City and Water Services public counters, field services, and contracted meter reading services.

2. Manages and participates in the development and implementation of goals, objectives, policies and priorities for Customer Service Division.

3. Prepares and administers departmental budget; monitors expenditure; processes and authorizes the payment of Customer Service invoices.

4. Monitors and evaluates Customer Service work practices and procedures; provides related recommendations and implements changes necessary to improve operational efficiency.

5. Selects, trains, motivates and evaluates customer service personnel; provides or coordinates staff training; works with employees to correct deficiencies; resolves employee issues as they arise.

6. Answers phones and provides customer service at the public counter; responds to customer inquiries regarding accounts and water billing; addresses water quality complaints and questions.

7. Receives and processes water payments; evaluates and makes adjustments to customer accounts as necessary; establishes payment arrangements for customers; starts and cancels water services.

8. Provides follow up and resolution to customer complaints including coordinating with other City departments and/or outside agencies as required; responds to water related emergencies.

1 EXHIBIT A

ATTACHMENT 2

CITY OF SAN JUAN CAPISTRANO Customer Service Supervisor (Continued)

9. Acts as System Administrator and ensures the proper functioning of the utility billing system; identifies and troubleshoots system issues; updates and maintains billing software; coordinates and provides systems training to employees.

10. Creates billing accounts for new services in the water system; creates and establishes new billing tracts for new developments.

11. Coordinates the printing of departmental forms including door tags, water bills, and envelopes.

12. Oversees and administers meter reading service contracts; monitors and addresses issues regarding contractor performance and accuracy.

13. Performs related duties and responsibilities as required .

QUALIFICATIONS

Knowledge of: • General operation characteristics of parking and water systems for a governmental agency. • Methods and techniques of water meter reading. • Operational characteristics of meter mechanisms and timing devices. • Principles and practices of effective customer service. • General understanding of the principles and practices of water works operations and water quality. • Modern office procedures, methods and equipment including computers. • Principles of supervision, training and performance evaluation. • Basic mathematical principles. • Principles of basic report preparation. • Pertinent Federal, State and local codes, laws and regulations.

Skill in: • Overseeing and participating in the management of a customer service division. • Directing, overseeing and coordinating the work of lower level staff. • Selecting, supervising, training and evaluating staff. • Participating in the development and management of division goals, objectives and procedures. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions and

implement recommendations in support of goals. • Researching, analyzing and evaluating new service delivery methods and techniques. • Providing customer service and dealing tactfully with the public. • Interpreting and applying Federal , State and local policies, laws and regulations. • Communicating clearly and concisely, both orally and in writing. • Establishing and maintaining cooperative working relationships with those contacted in the course of

work.

EXPERIENCE AND TRAINING GUIDELINES: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience: Three years of experience in the customer service field including one year of supervisory and water utility experience.

Training: Equivalent to completion of the twelfth grade.

2 EXHIBIT A

ATTACHMENT 2

CITY OF SAN JUAN CAPISTRANO Customer Service Supervisor (Continued)

licenses or Certifications: Possession of, or ability to obtain, an appropriate, valid driver's license.

WORKING CONDITIONS

Environmental Conditions: Office environment; extensive public contact.

Physical Conditions: . Essential functions may require standing or sitting for prolonged periods of time; extensive use of computer keyboards and telephones; requires visual acuity for reading computer screens.

3 EXHIBIT A

ATTACHMENT 2

FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT

THIS AGREEMENT is made, entered into, and shall become effective this ~ay of \v\0\\i . 2015, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Government Staffing Services, Inc. dba MuniTemps (hereinafter referred to as the "Consultant").

RECITALS:

WHEREAS, City has retained the services of Consultant for professional temporary staffing services pursuant to the scope of work included in the Agreement dated March 16, 2015; and,

WHEREAS, the City and Consultant desire to amend the terms ofthe Agreement as provided hereunder.

AMENDMENT



3.1 Amount.

Total compensation for the services provided shall not exceed $45,000.

(SIGNATURE PAGE FOLLOWS)

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ATTACHMENT 3



CONSULTANT

ATTEST:

Maria Morri


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ATTACHMENT 3

SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT

THIS AGREEMENT is made, entered into, and shall become effective this ~day of ; kt. , 2015, by and between the City of San Juan Capistrano (hereinafter referred to a the " ity") and Government Staffing Services, Inc. dba MuniTemps (hereinafter referred to as the "Consultant").

RECITALS

WHEREAS, City has retained the services of Consultant to provide an Interim Customer Service Supervisor pursuant to the scope of work included in the Agreement dated March 16, 2015; and,

WHEREAS, the City amended the Agreement in the First Amendment to the Agreement, dated as of May 11, 2015; and,

WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder.

AMENDMENT


Section 2. Term.

This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue through June 30, 2016.


3.1 Amount.

Total compensation for the services hereunder shall not exceed $146,500 . The City may hire (convert) any employee of the Consultant at buyout fee of 9% of annual salary offered to Consultant employee by the City after completion of 980 hours of billed services.

Section 4. Remaining Provisions of Agreement.

Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

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ATTACHMENT 4


CITY OF SAN JUAN CAPISTRANO BY:

Derek Reeve, Mayor

I CONSULTANT .

, ..


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ATTACHMENT 4