DATE: December 5, 2017
SUBJECT:
Title
RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AS-NEEDED TEMPORARY STAFFING SERVICES AGREEMENT WITH AMERIT CONSULTING, INC., INCREASING THE AGREEMENT AMOUNT BY $200,000, INCREASING THE AGGREGATE TOTAL OF THE AGREEMENT FROM $990,000 TO $1,190,000 FOR SERVICES THROUGH JUNE 30, 2020
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EXECUTIVE SUMMARY:
This Agreement provides the San Diego Unified Port District (District) with temporary staffing services on an as-needed basis. The term of the Agreement is from July 12, 2017, and ends June 30, 2020. Funds under the Agreement are subject to annual budgeting with the current total aggregate amount not to exceed $990,000.
This 1st Amendment would increase the Agreement amount by an additional $200,000, increasing the total aggregate amount from $990,000 to $1,190,000, in order to continue short-term relief during leaves of absences, vacancies, and other planned or unplanned operational requirements needing personnel resources or filing gaps in employment.
On September 6, 2017, the County of San Diego public health officer declared a local public health emergency due to the ongoing Hepatitis A outbreak. On October 13, 2017, Governor Edmund G. Brown, Jr., issued an emergency proclamation for the State of California due to the outbreak.
At the time of award, $330,000 was evenly allocated for each of the three fiscal years with an approved budgeted amount of $259,000 in FY 17/18. Temporary staffing resources were secured as part of an action plan to prevent the spread of Hepatitis A on Tidelands. Additionally, due to vacancies and other unplanned gaps in employment, $864,447, or 87% of the total aggregate amount of this three year Agreement has already been committed through June 30, 2018. This additional $200,000 is requested to recoup the unplanned expenses for the preventative efforts from the Hepatitis A outbreak. Funding is available via departmental salary savings.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing Amendment No. 1 to the As-Needed Temporary Staffing Services Agreement with Amerit Consulting, Inc., increasing the maximum amount payable under the Agreement by $200,000, from $990,000 to a new maximum amount payable under the Agreement of $1,190,000.
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FISCAL IMPACT:
Funds for expenditures under this Agreement are incurred on an as-needed basis. The FY 17/18 approved budget includes $259,000 in temporary personnel expense. Although the original Agreement has a three-year term, the District anticipates the full amount to be expensed in the current fiscal year. As such, this Amendment (No. 1) to the Agreement results in an additional FY 17/18 budget requirement of $931,000 ($1,190,000 - $259,000 FY 17/18 temporary personnel budget); staff plans to fund the additional $931,000 through various departmental salary savings from vacancies.
Compass Strategic Goals:
A temporary staffing services agreement provides a short-term, cost-saving measure to ensure uninterrupted business flow in critical need areas.
This agenda item supports the following Strategic Goal(s).
• A Port with an innovative and motivated workforce.
DISCUSSION:
Five months into this three year Agreement, $864,447, or 87% of the total aggregate amount has already been committed through June 30, 2018 due to preventative efforts associated with the Hepatitis A outbreak and vacancies. A total of $332,384, or 34% has been committed to General Services for temporary staffing for five (5) ongoing vacancies and the Hepatitis A outbreak; Information Technology has a total of eight (8) ongoing vacancies with $146,178, or 15% committed through June 30, 2018; and the Office of the District Clerk has two (2) vacancies with a total of $112,216, or 11% committed through June 30, 2018. All other departments utilizing temporary staffing at this time have vacancies as well.
The $200,000 additional funding will replenish the amount of funding unanticipated and committed for the Hepatitis A outbreak in order to continue to provide a resource for as-needed temporary staffing for the remaining term of the Agreement ending June 30, 2020.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and found no legal concerns as presented, and has reviewed and approved the Amendment as to form and legality.
Environmental Review:
The proposed Board action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
In addition, the proposed Board action allows for the District to implement its obligations under the Port Act. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board action does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit Regulations. Therefore, issuance of a Coastal Development Permit or exclusion is not required.
Equal Opportunity Program:
Due to limited known subcontracting opportunities, no Small Business Enterprise goal was established for this Agreement.
PREPARED BY:
Shirley Hirai
Manager, Equal Opportunity
Attachment(s):
Attachment A: Agreement No. 151-2017RH
Attachment B: Draft Amendment No. 1