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HomeMy WebLinkAboutEMPLOYMENT SYSTEMS INC (ESI) - 1997-10-06� - (13 ) 10/06/97 Council/Agency Agenda - Page 13 E-17. (City Council) Approve Contract With Emplovment Svstems Incorporated For Employment Systems Incorporated For Ambulance Operator/Fire Intern - (EM 600.10) Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Employment Systems, Inc. to Supply Personnel to the City. Submitted by the Fire Chief [Approved 7-0] E-18. (City Council) Approve The Substitution Of Bonds And Subdivision Agreement For Tract Nos. 14659 & 14978 (Sherwood) From PLC Land Company To Lyon Shores #116, L.P. (Holly-Seacliff Development Agreement Area) - (14 420.60) 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012300, 3SM88988100 (Tract No. 14659), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively; 2. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012100, 3SM88987800 (Tract No. 14978), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively; 3. Accept Lyon Shores #116, L..P. subdivision Agreement and Bond Nos. 3SM90898800 and 3SM90898900 (American Motorists Insurance Company) (Tract No. 14659) the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and 4. Accept Lyon Shores #116, L.P. Subdivision Agreement and Bond Nos. 3SM90899000 and 3SM90899100 (American Motorists Insurance) (Tract 14978), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and, 5. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action. Submitted by the Public Works Director [Approved 7-0] E-19. (City Council) Authorize The Public Works Director To Sion Southern California Edison Letter Of Approval - To Hang Banners On Beach Boulevard From Edinger Avenue To Adams Avenue - (SO 600.10) Authorize the Public Works Director to sign the Southern California Edison letter dated August 25, 1997 regarding the use of Southern California Edison street light poles for decorative banners. Submitted by the Public Works Director [Approved 7-0] E-20. (City Council) Accept Three Affordable Housing Units From Bridges America Foundation Inc., For A Term Of 30 Years - Agreement Containinq Covenants Affecting Real Property (CDBG Program) - 7611 Nichols Street - (BR 600.10) 1. Accept the Agreement Containing Covenants Affecting Real Property located at 7611 Nichols Street in Huntington Beach to restrict three units for lower (CDBG) income (80% of Orange County median) families for a period of 30 years. 2. Approve and direct the Mayor and City Clerk to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County Recorder. Submitted by the Economic Development Director [Approved 7-0] (13) Council/Agency Meeting Held: / 0% L /9 7 Deferred/Continued to: E Approved ❑ Conditionally Approved ❑ Denied 4 _ 7--a City. Clerk's Signature Council Meeting Date: 10/6/97 Department ID Number: FD 97-015 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat ram`---T- PREPARED BY: . MICHAEL P. DOLDER, Fire Chief SUBJECT: APPROVE CONTRACT WITH MPLOYMENT SYSTEMS INCORPORATED FOR AMBULANCE OPERATOR/FIRE INTERN Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City renew the agreement with Employment Systems Incorporated (ESI), which expires October 31, 1997, to provide leased personnel to staff the City's Ambulance Program? Funding Source: The. Fire Department's FY 1997/98 Ambulance Program Budget Account (E-AA-FR-315) identifies a contractual services amount of $622,313 for funding salary and benefits. This budget amount is totally offset by transfers from the FireMed fund for ambulance transport costs. Recommended Action: Motion to approve and authorize the Mayor and City Clerk to execute the Agreement with Employment Systems Incorporated in the amount not to exceed $622,313 to provide leased ambulance operator/fire intern personnel to the City. Alternative Action(s):. 1) Do not sign this Agreement, which would prevent staffing of the City's Ambulance Program. Negotiations with a private ambulance provider would need to be initiated for ambulance transport to continue; 2) Staff ambulances with City employees with a commiserate overall cost increase. Analysis: In November 1996, the City entered into its fourth, one-year contract with ESI to provide eighteen limited term (three years) ambulance operator/fire interns. Based on our past success with ESI's leased employees, staff recommends the approval of a new one- year contract (Attachment 1) for the period beginning November 1, 1997. This Agreement, as in the past, covers ALL personnel salary and benefit costs for the leased positions. This Agreement also reflects the September 1, 1997 and March 1, 1998 federal and state mandated minimum wage increases. *QUEST FOR COUNCIL ACT•N MEETING DATE: 10/6/97 DEPARTMENT ID NUMBER: FD 97-015 Analysis (continued) The eighteen ambulance operator/fire interns provided by ESI will staff three ambulances, 24-hours per day, seven days per week. The City's ambulances provided approximately 5,350 emergency transports during the period October 1, 1996 through September 30, 1997. During the contract period, ESI met all of its obligations in a professional and timely manner. The ambulance operator/fire intern program, with its maximum three-year tenure for employees, have met all expectations. High caliber personnel with a fire service career goal continue to be attracted through ESI. A fourth ESI hiring list was established in early 1997 with over, 80 qualified personnel. During the last three years, thirty-four ambulance operator/.fire interns have been hired by various fire departments, including two in Huntington Beach. Seventeen other ambulance operator/fire interns have been selected to attend paramedic school for future career opportunities. The success of this program warrants continuation of the ESI Agreement. Environmental Status: None. Attachment(s): 1. Agreement Between the City of Huntington Beach and Employment Systems, Inc. to Supply Personnel to the City. 2. Copy of current Certificate of Insurance for Liability and Workers' Compensation. 9u- ,K". ,Q,, P.,, B„(AA:� RCA Author: Parker, ext. 5979 FD97-015 -2- 09/24/97 4:00 PM • U ATTACHMENT 1 ­ - I - V 0 0 A-5-3 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPLOYMENT SYSTEMS, INC. TO SUPPLY PERSONNEL TO THE CITY THIS AGREEMENT is made and entered into this 1" day of November , 1997, by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter referred to as "CITY," and EMPLOYMENT SYSTEMS, INC., a California corporation, hereinafter referred to as "ESI." WHEREAS, ESI is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and CITY authorized the implementation of a City Ambulance Program and requires the personal services of certain persons to perform the duties of ambulance operators/fire interns; and Program continuity and economic reasons exist which make it in the best interest of the CITY to discharge certain of its responsibilities through the use of ESI employees; and NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: 1. DEFINITIONS All terms used in this Agreement shall have the customary meaning afforded such terms unless the same are used in a technical or business context, in which event such terms shall have the technical and/or special meaning normally afforded such terms within the particular trade, industry, or business to which they relate. The following are the definitions of special terms used herein: 1.1 "Current payroll" means the payroll set forth in attached Exhibit A and incorporated by this reference due on a bi-weekly basis. 1.2 "Employees" means those individual persons who are subject to the terms of this Agreement and whose job type is identified in attached Exhibit B incorporated in this reference. 1.3 "Employee tax forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including US Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. 1.4 "Employer tax forms" means all forms required to fully and properly report the payroll to the United States, state and/or local governments, including United States Department 1 of the Treasury, Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insurance Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. 1.5 "Payment due date" means any date on or before the last day of each payroll period. 1.6 "Pay period" means the interval between payments to employees specified in attached Exhibit A. 1.7 "Payroll" means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state and local (if any) withholding taxes, employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs pursuant to the Federal Unemployment Tax. Act, employer costs for state unemployment taxes (if any), employer costs pursuant to. the Voluntary Compensation Plan (if any), employer listed service fees (as applicable), employer cost of Workers Compensation insurance , and employer cost of benefit programs listed on Exhibit A (or the cost of employer payments to employees paid in lieu of employee participation these benefit programs). 2. IMPLEMENTATION 2. L Relationship of Parties. Effective at the commencement of business on the lst day of November, 1997, ESI will provide to CITY those of its employees who are identified in attached Exhibit B to CITY and CITY hereby accepts such employees on the terms and conditions provided in this Agreement. 2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and ESI shall commence on the effective time and date specified in paragraph 2.1 and shall expire and terminate at the same time on the corresponding date one year later. CITY may terminate this Agreement by giving thirty (30) days written notice to ESI. 2.3 Employment .n by CITY of ESI Leased Employees. ESI is aware and has no objection to the CITY at a future date employing directly the leased employees of ESI leased to the CITY. Upon any of these leased employees becoming CITY employees, ESI shall terminate them from their employment and have no further right of compensation from the CITY for that leased employee. 2.4 Specification of Services and Approval of Compensation. CITY shall specify, and by notice to ESI may accept, modify, or reject the services and/or rate of compensation of any and all employees leased to CITY in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any employee leased to CITY, the lease made by this Agreement shall terminate as to such employee, effective upon receipt by ESI of notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each employee and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. 2 2.5 Changes and A 'ustments of Payroll. CITY and ESI acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of employees. It is further acknowledged that the payroll also may vary from pay period to pay period by reason of changes in the rate and/or amount of employee withholding and/or employer payroll contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from CITY to ESI shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis., All such changes and adjustments in payroll are hereby expressly approved by the parties. 2.6 Employer Duties of ESI. ESI shall: 1) pay all wages and other remuneration to -its employees who are subject to this Agreement; 2) prepare and file all payroll tax returns and reports; 3) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; 4) prepare, file, and furnish to employees applicable employee tax forms; and 5) prepare and file, with a copy to CITY, applicable employer tax forms. 2.7 Duties of CITY. CITY shall: 1) provide the workplace for all employees subject to this Agreement; 2) maintain the work place in strict accordance with applicable health and working standards and specifications; 3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements; 4) provide all required safety equipment; 5) for employees located in California, take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified at California Labor Code Section 6401.7; 6) post or provide employee notices required by law; and 7) notify ESI immediately of all employee illnesses, accidents, injuries, and absences; 8) review, approve and forward employee time sheets to ESI; and, 9) provide adequate dormitory and kitchen facilities.. 2.8 Workers' Compensation. Pursuant to California Labor Code Section 1861, ESI acknowledges awareness of Section 3700, et seq. of said code, which requires every employer to be insured against liability for workers compensation; ESI covenants that it will comply with such provisions prior to commencing performance of the work hereunder. ESI shall maintain such workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence; One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 2.9 Health and Other Benefits ESI maintains various health and other benefits which are available to employees under a cafeteria plan permitting each employee to choose the type of benefits he or she will receive. 3 3. COMPENSATION 3.1 E=. CITY agrees to pay a flat rate of One Hundred Fifteen Dollars and Thirty-eight cents ($115.38) per employee plus the current payroll, on or before each payment due date. 3.2 Fee Plus Payroll. The total Agreement for Fee Plus Payroll shall not exceed Six Hundred and Twenty Two Thousand Three Hundred and Thirteen Dollars ($622,313) for a period not to exceed one (1) year. 3.3 Payment Address. All payments due ESI shall be paid to: EMPLOYMENT SYSTEMS, INC. 11590 West Bernardo Court, Suite 211 San Diego, CA 92127 3.4 Terms of Compensation. Payment is due fifteen (15) days from date of invoice. ESI will invoice CITY every two (2) weeks, approximately seven (7) days following payroll. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of one percent (1%) per month, which is an annual percentage rate of twelve percent (12%), which will be applied to any unpaid balance owed commencing seven (7) days after the payment due date. Additionally, in the event CITY fails to pay any undisputed amounts due ESI within forty-five (45) days after payment due date, then CITY agrees that ESI shall have the right to consider said default a total breach of this Agreement and the duties of ESI under. this Agreement . may be terminated by ESI without liability to ESI upon ten (10) working days advance written notice. 3.5 Additional Services. CITY may request ESI to perform additional services not covered by this Agreement, such as recruiting services, and ESI shall perform such additional services and will be paid for such additional services when they are mutually agreed to and made part of this Agreement by written amendment. 4. SUPERVISION OF EMPLOYEES ESI shall supervise the daily activities of employees, but employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY in its governmental capacity. ESI shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. 5. INDEMNIFICATION ESI shall indemnify, defend, and hold harmless CITY for the purpose of all required payroll deductions and withholdings, legally required workers' compensation insurance, and health benefits of the employees. However, inasmuch as the employees will discharge governmental responsibilities and perform in accordance with the ordinances, resolutions, rules, 4 regulations, and procedures adopted by CITY in its governmental capacity 1) ESI and its employees to the degree the law will allow shall be entitled to all protection and immunities of government employees, including without limitation, those provided in California Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities and Public Employees; and 2)FCITY does release and agree to indemnify, defend and hold harmless the employees, ESI, and ESI's agents, personnel, directors, and officers from, any and all actions, claims, damages or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the services performed by the employees of ESI assigned and working under the control of CITY under this Agreement. In addition, the employees, ESI, and ESI's agents, personnel, directors, and officers shall be additional named insured on CITY's insurance policies or on any self-insurance agreement. If CITY is a member of a Risk Management Agreement (RMA) or similar agreement, CITY will notify the organization responsible for RMA or similar agreement in writing that the employees, ESI, and ESI's agents, personnel, directors, and officers do not have any applicable insurance coverage. 6. GENERAL PROVISIONS . 6.1 Representation. A CITY representative shall be designated by the CITY and an ESI representative shall be designated by ESI as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: EMPLOYMENT SYSTEMS, INC. Michelle Friery, Vice President 11590 West Bernardo Court, Suite 211 San Diego, CA 92127 CITY OF HUNTINGTON BEACH Michael P. Dolder, Fire Chief 2000 Main Street Huntington Beach, CA 92648 6.2 Assignment. This Agreement shall not be assignable by either party without the prior written consent of the.other party. 6.3 Audil. CITY shall have the right to audit and inspect ESI's records and accounts covering costs under this Agreement for a period of two (2) years after termination of the Agreement. 6.4 JiIJU. The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.5 Severability. Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. 6.6 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and ESI and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. EMPLOYMENT SYSTEMS, INC., a CITY OF HUNTINGTON BEACH, A California corporation municipal corporation of the State of California By: R man, Pr dent By: Mary J. Be an, Secretary -ATTEST. City Clerk APPROVED AS TO FORM. City Attorney of--�3 g -7 �Z INITIAT'EpD AND APPROVED: REVIEWED AND APPROVED: Fire Chief 1ty X fministrator 2 0 U Employment Systems, Inc., Proposal to the City of Huntington Beach for contract staffing of 18 Ambulance Operator Exhibit A Annual Annual Hourly pay rate ** $5 90maur to $6 5Q%hour Hours Worked Compensation 8c Costs Regular hours 1,865 11,750 Overtime hours at time and a half 1,058 9,998 Overtime hours at Double-time 0 0 Total Hours 2,923 21,748 Number of Employees 18 Total Base Compensation All Employees 211,491 Total Overtime Compensation All Employees 179,966 Total Annual Compensatton 391,457 Payroll Taxes and Workers Compensati( Rate Subject Wages FICA (wages up to 65,400 per employee) 6.20% 419,807 Medicare 1.45% 419,807 SUI (wages up to 7,000 per employee) 5.10% 126,000 FUTA (wages up to 7,000 per employee) 0.80% 126,000 Workers Compensation (excluding oT premium) 5.54% 263,070 Classification Code (7706) Group Insurance Longterm disability (standard.sl%of wages) Employee Medical Insurance (prudential FINto) Employee Dental Insurance (Prudential DMo) Life and AD&D (Guarantee Life .18 per 1000/month) Other Benefits Non Deferred SickNacation/Holiday Pay ESI Administrative charges 0.51% 419,807 123.76 Per mo./per empl 23.80 'er mo./per empl 0.18 12 250 Hrs/Year per empl $250.00 Per mo./per empl 26,028 6,087 6,426 1,008 14,561 2,141 26,732 5,141 846 28,350 54,000 Estimated Annual Cost To Agency 562,777 * Non deferred vacation/sick/holiday pay accrual will be all salary cost inclusive with no additional liability to the City, to be chargid over 26 biweekly periods of $1,090.39 ** Contract cost reflects mandated wage increase effective 3/l/98. Exhibit B Position Under direct supervision of the Company Commander, respond to both routine and emergency medical aid requests; participate in routine maintenance of apparatus and equipment; attend training sessions; and, do related work as required Examples of Duties Will be regularly dispatched to emergency scenes to assist in rendering aid to injured parties; will perform appropriate field procedures including EMT-1 level skills such as performing vital signs, bandaging, splinting, and assisting paramedics as needed; will drive ambulances and other vehicles as needed; will participate in station and. equipment. clean-up, training drills, hospital in - services; and, other duties as required. Employee will be required to participate in training deemed appropriate by City. Qualifications Training and Experience: Any combination of experience and education that would likely provide the required knowledge and abilities for the position of ambulance operator. A typical combination would be as follows: graduation from high school; experience in medical emergencies; and, other related knowledge which would indicate success in the position. Knowledge and Abilities: General knowledge of ambulance transportation procedures including first aid, resuscitator and gurney operations. Applicant should be in good physical condition suitable to performing the lifts and carries as required for the position. Special Requirements • Must possess and maintain certification as an Emergency Medical Technician (EMT -I) as defined by the State of California with current CPR card. • Possess an ambulance attendant license from Orange County EMS prior to driving an ambulance. • Must maintain physical fitness requirements as prescribed by the Fire Department. • Possess a valid State of California driver's license, Class C. Desirable Experience • Presently attending or have graduated from a 240 hour fire academy which meets State of California requirements. • Fire Science course work at the college level. n. • • ATTACHMENT 2 NAMED INSURED: EMP YMENT SYSTEMS, ING. (BSI) 'POLICY NUMBER: C140126 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE, READ IT.CAREFULLY. CG 20 10 1185 ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL, LIABILITY COVERAGE PART. p SCHEDULE Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICIALS & EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 1S AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work' for that insured by or for you. CG 20 10 It 85 Copyright, Insurance Services Office. Inc. City of Huntington Beach Workers Compensation ' . 2000 Main Street ea- Huntington Beach, CA 92648 HUNTINGTON BEACH (714) 536-5290 City of Huntington Beach /i Workers Compensation .2000 Main Street • Huntington Beach, CA 92648 7 HUNTINGTON BEACH (14) 536-5290 • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM TO: •SycSZZ-1A5 , .rAle— Name //.-S9d . C ,eiu,4Rao �'oy.P 7' n �a, r� A// S et M /�" bue o, e�� . 1a 7 City, State, Zj ATTENTION: V,- elleJ DEPARTMENT: y@e 1 QS/De 17- REGARDING: See Attached Action Agenda Item _ Date of Approval b 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. 6-4� tu ckt','� Comae Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement ✓ Bonds Insurance ✓ RCA Deed Other Remarks: e i �o/✓ r' CC: VJ le F �DLD e� �i / ✓ _� f3QZVI Name Department 05 V'ES�s A,M0NNE4 RCA ✓ Agreement ✓ Insurance ✓ Other —,� Name Department RCA Agreement Insurance Other Name Department /RCA Agreement Insurance Other Risk Management Department Insurance Copy ✓ G: Fol lowvp/agrmts/transltr 1 Telephone: 714-536.5227 )