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Agenda Item
ASR
Control 23-000935 |
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MEETING
DATE: |
12/19/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Zac
Henson (714) 834-7452 |
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Joe
Sly (714) 667-3209 |
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Subject: Approve Amendment No. 7 for
Temporary Staffing
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: $49,795 |
Annual Cost: FY 2024-25 $99,863 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 10/18/2022 #32, 12/14/2021 #28,
12/15/2020 #29 |
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RECOMMENDED
ACTION(S):
Authorize the County Procurement
Officer or Deputized designee to execute Amendment No. 7 to the subordinate
contract with Acro Service Corporation for Temporary Staffing, effective
January 1, 2024, through December 31, 2025, to increase the contract amount not
to exceed by $200,000, for a cumulative total amount not to exceed $1,700,000.
SUMMARY:
Approval of Amendment No. 7 to the
subordinate contract for Temporary Staffing will allow OC Public Works to
maintain business continuity, public safety and customer services during peak
workload periods due to temporary absences, retirements or other vacancies.
BACKGROUND
INFORMATION:
OC Public Works utilizes Acro
Service Corporation (Contractor) for Temporary Staffing (Services) to maintain
business continuity, public safety and customer service during peak workload
periods when there are administrative staffing needs due to temporary absences
and retirements.
The subordinate contract allows
vacancies to be staffed temporarily while recruitments are in progress. OC
Public Works is concurrently assessing its needs to determine which vacant
positions are critical and need to be staffed during emergencies and consulting
with the County Procurement Office (CPO) for other alternatives to ensure that
the County is using the lowest cost vendor for temporary staffing.
Prior Board of Supervisors (Board),
CPO and Deputy Purchasing Agent (DPA) actions are summarized in the table
below.
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Date |
Action |
Amount |
Effective
Date |
End
Date |
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3/29/2018 |
CPO
issued Regional Cooperative Agreement MA-017-18010018 (RCA) for Staffing with
Contractor |
N/A |
3/29/2017 |
12/31/2019 |
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4/12/2018 |
OC
Public Works entered into Subordinate Contract MA-080-18011696 (Contract) in
accordance with 2018 Contract Policy Manual (CPM) Section 3.3-102 requiring
Board approval for service agreements exceeding $100,000 per year |
$100,000 |
4/12/2018 |
12/19/2019 |
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12/15/2018 |
CPO
administratively approved Amendment No. 1 to the RCA to amend Scope of Work |
N/A |
12/15/2018 |
12/31/2019 |
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9/16/2019 |
DPA
executed Amendment No. 1 to renew the Contract |
$200,000
(cumulative not to exceed (NTE) $300,000) |
1/1/2020 |
12/31/2021 |
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12/15/2019 |
DPA
executed Amendment No. 2 to increase NTE amount |
$200,000
(cumulative NTE $500,000) |
1/1/2020 |
12/31/2021 |
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1/1/2020 |
CPO
administratively approved Amendment No. 2 to extend the RCA |
N/A |
1/1/2020 |
12/31/2021 |
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6/9/2020 |
DPA
executed Amendment No 3 to the Contract to update the Notices Provisions of
the Contract in Article 6 |
No
contract cost increase |
6/9/2020 |
12/31/2021 |
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12/15/2020 |
Board
approved Amendment No. 4 increase Contract NTE |
$300,000
(cumulative NTE $800,000) |
1/1/2021 |
12/31/2021 |
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12/14/2021 |
Board
approved Amendment No. 5 to renew the Contract and increase the NTE amount |
$400,000 (cumulative
NTE $1,200,000) |
1/1/2022 |
12/31/2022 |
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1/1/2022 |
CPO
administratively approved Amendment No. 3 to extend the RCA |
N/A |
1/1/2022 |
12/31/2023 |
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10/18/2022 |
Board
approved Amendment No. 6 to renew the Contract and increase the NTE amount |
$300,000 (cumulative
$1,500,000) |
1/1/2023 |
12/31/2023 |
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1/1/2022 |
CPO
administratively approved Amendment No. 4 to extend the RCA |
N/A |
1/1/2024 |
12/31/2025 |
Amendment Nos. 1, 2 and 3 to the
Contract did not require Board approval as the 2019 CPM Section 3.3-102
required Board approval for service agreements exceeding $200,000 per year.
Initially the Contract and its
subsequent amendments did not require Board approval as it was estimated that
usage would not exceed the Board approval threshold for service agreements.
However, the usage necessary to maintain business continuity and compliance
with mandates now meets the threshold requiring Board approval.
OC Public Works is procuring Amendment No.
7 to the subordinate Contract for Services in accordance with the 2021 CPM
Section 3.3-102.
The Orange County Preference Policy
is not applicable to subordinate contracts based on RCAs.
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Previous Request 1/1/2023 -
12/31/2023 |
Current Request 1/1/2024 -
12/31/2025 |
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Contractor |
Requested
Contract Amount |
Usage as of November 2023 |
Contractor |
Requested
Contract Amount |
Anticipated Usage |
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1 |
$300,000
(cumulative $1.5 million) |
$791,351
(cumulative) |
1 |
$200,000
(cumulative $1.7 million) |
$150,000 |
The request for the one-year
renewal term is $100,000 less than the previous request as OC Construction will
no longer be utilizing the contract for temporary staffing. OC Survey will
continue to utilize the contract to supplement positions for surveying, drafting
and engineering.
OC Public Works is recommending the
Board approve Amendment No. 7 to the subordinate Contract with the Contractor
for Services, effective January 1, 2024, through December 31, 2025, to increase
the Contract amount NTE $200,000, for a cumulative total amount NTE $1.7
million. The previously approved amount does not roll over to the renewal term.
The Contractor’s performance has
been confirmed as satisfactory. OC Public Works has verified there are no
concerns that must be addressed with respect to Contractor’s ownership/name,
litigation status or conflicts with County interests.
This Contract does not currently
include subcontractors or pass through to other providers. See Attachment B for
the Contract Summary Form.
Prior to Contract expiration, OC
Public Works will evaluate its business needs and as appropriate propose an
amendment to the Contract based on the RCA, if extended; or propose a new
subordinate contract against a new RCA from CPO; or issue a solicitation to
continue Services.
Compliance
with CEQA: This
action is not a project within the meaning of CEQA Guidelines Section 15378 and
is therefore not subject to CEQA since it does not have the potential for
resulting in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment. The approval of this
agenda item does not commit the County to a definite course of action in regard
to a project since it involves an amendment to an existing Contract to provide
temporary staffing to fill staffing shortages, resulting in no physical change
to the environment. This proposed activity is therefore not subject to CEQA.
Any future action connected to this approval that constitutes a project will be
reviewed for compliance with CEQA.
FINANCIAL
IMPACT:
Appropriations
for this Contract are included in Budget Control 080, OC Public Works, OC
Flood, Fund 400 and OC Road, Fund 115, FY 2023-24 Budget and will be included
in the budgeting process for future years. Due to the as-needed nature of the
Contract usage, the percent breakdown per funding source is unknown.
The proposed Contract includes a provision
stating the Contract is subject to, and contingent upon, applicable budgetary
appropriations being approved by the Board for each fiscal year during the term
of this Contract. If such appropriations are not approved, this Contract may be
immediately terminated without penalty to the County.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Amendment No. 7 to Subordinate Contract MA-080-18011696 with Acro Service
Corporation
Attachment B - Contract Summary Form
Attachment C - Regional Cooperative Agreement MA-017-18010018 with Acro Service
Corporation
Attachment D - Redline to Subordinate Contract MA-080-18011696 with Acro
Service Corporation