Item 5 - Approval of 1st Amendment to Agmt with waterTalent LLC, for Water Treatment Plant On-Call Temp. Staffing ServicesJuly 7, 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway July 7, 2020 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 2 t CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities TD . (858) 668-4750 or tdepriest@poway.org Approval of First Amendment to Agreement with waterTalent LLC, for Water Treatment Plant On-Call Temporary Staffing Services On May 28, 2020, the City Manager approved an Agreement with waterTalent LLC, a staffing agency for temporary on-call staffing services for the Water Treatment Plant (WTP) for a not-to-exceed amount of $50,000. The temporary staffing services are needed while the City actively recruits for two vacancies at the WTP, and it is requested that the Agreement's not-to-exceed amount of $50,000 be increased to a not-to-exceed amount of $270,360, to maintain waterTalent LLC services for a minimum of six months and a maximum of one year. Recommended Action: It is recommended that the City Council approve the First Amendment to the Standard Agreement for Services with waterTalent LLC for temporary staffing services to increase the Agreement limit by $220,360 for a total not-to-exceed amount of $270,360 and authorize the City Manager to execute the necessary documents. Discussion: The City is facing staffing challenges at the WTP as a result of two vacancies. The WTP has six Water Treatment Plant Operator (Operator) positions. Currently, there are two vacant positions for which an active recruitment is occurring. The WTP is operating at a minimal staffing level and the City, along with the State and Nation, are still under a state of emergency due to the COVID-19 pandemic. The vacant shifts were being filled by the WTP Supervisor; however, this interim staffing solution is not sustainable. In addition, the City must position itself to be ready should COVID-19 impact the current Operators at the WTP. In May 2020, staff contracted with waterTalent LLC, a temporary staffing agency, to provide two qualified Operators at $108/hour to assist in operating the WTP, conduct sampling, testing, record 1 of 4
July 7, 2020, Item #5water quality data and reporting WTP status to the Supervisor. The Agreement was for a not-to-exceed amount of $50,000. As the recruitment for the two new Operators is underway, the Agreement's total fee needs to be increased in order to keep waterTalent LLC services for a minimum of six months and a maximum of one year to provide for reliable staffing coverage and maintain service levels at the WTP. As the vacant positions are filled, the temporary Operators would be on an as-needed basis to address any future vacancies that may occur. The total revised Agreement amount will increase from $50,000 to a not-to-exceed amount of $270,360. The revised Agreement amount includes costs for two assigned Operators at 960 hours each for a total cost of $207,360, and a contingency amount of $63,000. Professional services for on-call temporary staffing for the WTP were not planned for in the operating budget; however, overall savings in the WTP operating budget, including salary savings from vacant positions, will be utilized to absorb the cost of this Amendment. Except for amending the Agreement's compensation provisions, all other terms and conditions remain in effect, including the Agreement's term of one year (expiring June 15, 2021) and its t_wo additional one-year extensions. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is sufficient funding available in the Water Supply, Treatment and Storage Division's Fiscal Year 2020-21 Budget to award the contract. Savings from vacancies will be used to offset the cost of this service. Public Notification: None. Attachments: A. First Amendment to the Standard Agreement for Services with waterTalent, LLC. Reviewed/ Approved By: Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
July 7, 2020, Item #5FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 7th day of July, 2020, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and waterTalent LLC, a California corporation, ("CONSULT ANT"). RECITALS 1. CITY and CONSULTANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated May 28, 2020, (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing services to CITY. 2. The AGREEMENT has a term of one year 1, and further provides, inter alia, that the AGREEMENT may be extended for two additional one year terms upon approval of the CITY' s City Manager. 3. CITY and CONSULT ANT now agree to amend the compensation and reimbursement provisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of $50,000 to a not-to-exceed amount of $270,360. 4. This FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES (the "FIRST AMENDMENT") is necessary to amend the compensation and reimbursement provisions of the AGREEMENT. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows: 3 of 4 C. Term of Agreement. City shall pay Contractor a fee not to exceed $270,360. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess ofTwenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten ( 10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at ATTACHMENT A
July 7, 2020, Item #5the time incurred. Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year first above written. CITY OF POWAY, a municipal corporation By ____________ _ Chris Hazeltine, City Manager ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 4of4 waterTalent LLC By ______________ _ Tyler Reifert, President 2