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HomeMy WebLinkAboutEMPLOYMENT SYSTEMS, INC (ESI) - 1997-04-21CITY OF HUN T"INGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 ITY CLERK L TRA\ MITT 11 R 1RDON ITEM APPROVED 13Y THE CITY COU:`'CILIREDEVELOENJELNU AGENCY APPROVED ITEM DATE: ! " 1� y- 97 TO: J c I hi f ,,; c , ATTENTION: 14h,4eIle FrrFl2,� % VA Name -5oN %liG�$r6viL GLO R f 4211 DEPARTMENT: Street &W Z2r[6ro y 1^!�- 9.Z/;-7 . .. REGARDING: City, State, Zip See Attached Action Agenda Item r_7—I 3 Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page!"I Aareenlent ✓ Bonds Insurance RCA Deed y Other Remarks: CC: Frrt rh'4 .._no& 4 r ✓ ✓ iv!" _ Name D.partntent RCA Ag:eertrent Inst:rance Other Name Department RCA Nance Depamttcnt RCA Risk Management Department Insurance Copy N/� Acrerment Insurance Other Agreement Insurance Other G:Fdl,t�a t:Ir;rgnnln tr:ensltr (Telephone; 714.536.5227) 'R (13) 04/21/97 - Counc, gency Agenda - Page 13 E-11. (City Council) ReplaceMentOf Broken Unreliable elevisio Equipment Eor HBTV-Channe 3 (320.45) - Appropriate $5,509.92 from the Cable Fund balance into the Channel 3 capital account for replacement of broken and unreliable equipment as shown in (Attachment A) to the Request for Council Action dated April 21, 1997. Submitted by the Deoutv�tY_Administrator...Public Information Officer [Approved 7-0] E-12. (Qijy CouncilLP-grghase Of A FirefightingWater Drop Bucket or PQl ice Helicopte (320.45) - Authorize the expenditure of $4,100 to purchase a firefighting water drop bucket for the city's helicopter program. Submitted by the Police Chief [Approved 7-0] E-13. LCitTCouncil) AgLreement Jo Provide Staff ina Services Between The Citv O Huntington Beach And Em o ent Services, hic, - Lease Of Tempgracy Fire Department Personnel For Fire Med Membership_ Marketing Program (600.10) - Approve and authorize execution of an Agreement to Provide Staffing Services between the City of Huntington Beach and Employment Services, Inc. in an amount not to exceed $94,863 annually to tease personnel for the Fire Department's Fire Med Program. Submitted by the Fire Chief [Approved with status report in 6 months -- 7-0] E-14. (City Council) Conceptual Approval Of Orange County Ta"4ol[nistratimProgram - (OCTAP) - IntgLgeiicy Aareemen(600.25) -Approve in concept the Orange County Taxi Administration Program (OCTAP) Interagency Agreement as prepared by the Orange County Transit Authority. Subfflitted by the Police Chief (Conceptual approval of an agreement which would uniformly administer the licensing and regulation of taxi operations throughout Orange County.) [Approved 7-0] E-15. fCitv Council) City Councl Sunpo tt Of State t_eaislation - Reaardina Pronertv Tax Sales Tax Inequities - ACA-4 (Aguiar)_AB-95 (Sweeney) SB-880 (Craven) AB-1131 (Wildman) - To Repeal & Correct AB-1191 (120.70) - 1. Support all ERAF and AB-1191, Proposition 172 bills introduced by the State Legislature that will assist in correcting the property tax and Proposition 172 fund distribution inequities suffered by the City of Huntington Beach; and 2. Direct the support be communicated to the State Legislature and Governor; in writing by staff preparing Letters of Support for the Mayor's signature, and verbally, if necessary, by City Council members as may be requested by proponents of the City's position(s). Submitted by Brian Smith, Management Assistant (ACA-4 (Property Tax Allocation) AB 95 (Property Tax Revenue) SB880 (Property Tax Revenue (Urgency) AB 334 (Revenue Allocation Local Safety Services (Urgency)). [Approved 7-0] (13) OA4 61vxZ -ex,- 0 19 Council/Agency Meeting Held: Deferred/Continued to: © Approved Xconditionally Approved Q Denied ' City Clerk's S41hature Council M ing Date: 04/21/97 Department ID Number: FD 97-004 L aV,,,4, "1 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato (111- PREPARED BY: MICHAEL P. DOLDER, Fire Chief SUBJECT: AGREEMENT WITH EMPLOYMENT SYSTEMS, INC. (ESI) TO LEASE TEMPORARY PERSONNEL Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City develop and implement a strategic marketing plan for the FireMed program utilizing leased personnel? The proposed contract would permit the Fire Department to obtain personnel from Employment Systems, Inc. (ESI), to implement a new marketing program for FireMed membership. Personnel classifications for these job functions do not exist within the present City personnel structure. Funding Source: Funding for the leased positions is available in the FireMed Enterprise budget through currently authorized vacant positions. There is no fiscal impact to the General Fund as the FireMed program operates from an Enterprise Fund. Recommended Action: Motion to approve and authorize the Mayor to execute a contract with ESI, in the amount not to exceed $94,863 annually, to lease personnel for the Fire Department's FireMed program. Alternative Action(s): Deny the execution of the contract to lease personnel from ESI which may reduce revenues received by the FireMed program. Consequently, existing FireMed paramedic positions may require General Fund support. Analysis: In the approved FY 1996/97 FireMed program budget, the City Council authorized funding for two (2) additional positions to maintain and improve FireMed membership. Personnel classifications do not currently exist for these unfilled positions. As of April 1, 1997, over 25,000 Huntington Beach households participate in the FireMed program. A drop in membership of approximately 1,500 households has been observed during 1996 and first quarter of 1997. Utilizing an incremental marketing approach, an outside marketing agency was , previously used with good results. Unfortunately, this method does not provide a consistent, ongoing method to coordinate internal and external marketing resources. / V REIIUEST FOR COUNCIL ACTIA MEETING DATE: 04/21/97 DEPARTMENT ID NUMBER: FD 97-004 To maintain the existing membership base and expand membership participation -by both residents and businesses, a new marketing plan is under development. To continue this effort, personnel with specific expertise and/or experience are needed to formulate and implement a strong membership campaign. From the $3,000,000 generated annually from the FireMed program, over $900,000 is received in the form of voluntary membership revenue. A well planned marketing program will improve membership participation and corresponding revenue. To evaluate the cost effectiveness of developing a new marketing strategy, the Fire Department is proposing to lease employees with special marketing and technical expertise from ESI. This permits the Fire Department to obtain appropriate staffing without extended personnel commitments. Two (2) service categories are indicated in Exhibit A of the ESI Contract (Attachment 1) and include: • Marketing Coordinator • Imaging/Data Specialist The Imaging/Data Specialist permits FireMed to obtain experienced personnel to fully implement the expanded Medical History program. This "key" membership benefit utilizes the latest software for capturing data from specially scanned forms. The Fire and Community Development Departments currently receive excellent service from ESI and expect this service level to continue. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number 1. Agreement between the city of Huntington Beach and ESI. g:\executiv\users\dolderm\rca\Esirca Esirca -2- 04/11/97 3:35 PM 0 0 AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPLOYMENT SYSTEMS, INC. THIS AGREEMENT is made and entered into this 5 day of rl , 199_1_, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY," and EMPLOYMENT SYSTEMS, INC., 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 has engaged the personal services of certain persons as its employees; and Economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of ESI employees; 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 on attached Exhibit A and incorporated by this reference. 1.2 "Employees" means those individual persons who are subject to the terms of this Agreement and whose services are identified on attached Exhibit A, incorporated by 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 U.S. 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 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. 2 • • 1.5 "Payment Due Date" means any date on or before the last day of each payroll period. employees. 1.6 "Pay Period" means the interval between payments to 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), and employer listed service fees (as applicable). 2. IMPLEMENTATION 2.1 Relationship of Parties. Effective at the commencement of business on the day of 412119 7 r ESl will provided to CITY those of its employees who are qualified to perform the services identified on attached Exhibit A, 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 continue until terminated. Either party may terminate this Agreement upon thirty (30) days' written notice to the other party. kl 2.3 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 written 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. 2.4 Changes and Adjustment in 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 andlor 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 shall be mutually agreed to by CITY and ESI before revised hourly rates are applied. 4 Irk L_J r1 �J 2.5 Employer Duties of ESI. ESI shall: (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (5) prepare, file, and furnish to employees, applicable employee tax forms; and (6) prepare and file, with a copy to CITY, applicable employer tax forms. In the event of termination of any employee, as provided by Paragraphs 2.3 and 2.4, ESI shall provide placement assistance to that employee by listing that employee at no charge to the employee in ESI's job listing service. 2.6 Duties of CITY. CITY shall: (1) provide the workplace for all employees subject to this Agreement; (2) maintain the workplace 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 § 6401.7; (6) post or provide employee notices required by law; and (7) notify ESI immediately of all employee illnesses, accidents, injuries, and absences. 5 2.7 Workers' Compensation, Health, and Other Benefits. ESI maintains Workers' Compensation and Employers' Liability Insurance of a form and in an amount as required by state law. Various health and other benefits are available to employees under a cafeteria plan which permits each employee to choose the type of benefits he or she will receive. 3. COMPENSATION 3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A on or before each payment due date. The range rates are based on current ESI costs and are subject to change when costs change due to factors which are beyond the control of ESI (such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to ESI, as mutually agreed by CITY and ESI. 3.2 Payment Address. All payments due ESI shall be paid to: EMPLOYMENT SYSTEMS, INC. 11590 W. Bernardo Court, Suite 211 San Diego, California 92127 3.3 Terms of Compensation. Invoices are due within fifteen (15) days of receipt. 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 C.1 • 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. 4. SUPERVISION OF EMPLOYEES CITY shall supervise the daily activities of employees. Employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY. 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 purposes of all required payroll deductions and withholdings, legally require workers' compensation insurance, and health benefits of the employees. ESI shall also indemnify, defend, and hold harmless CITY for any liability arising under the Public Employees Retirement Law, as set forth in Califomia Govemment Code § 20000, et seq. However, inasmuch as the CITY shall supervise the daily activities of employees, and inasmuch as the employees will discharge government responsibilities and perform in accordance with the ordinances, resolutions rules, regulations, and procedures adopted by CITY: (1) 7 ESI and its employees shall be entitled to all protection and immunities of government employees, including, without limitation, those provided in Califomia Government Code Title 1, Division 3.6, Claims and Actions against Public Entities and Public Employees; and (2) CITY 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 under this Agreement. In addition, the employees, ESI, and ESI's agent, personnel, directors, and officers shall be additional named insureds 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 to 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: Michelle Friery, ESI • • Richard Kaump for the City of Huntington Beach 6.2 Legal Action. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located. 6.3 Assignment. This Agreement shall not be assignable by either party, without the prior written consent of the other party. 6.4 Audit. CITY shall have the right to audit and inspect ESI records and accounts covering costs under this Agreement for a period of two (2) years after termination of the Agreement. 6.5 Title. The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.6 Severability. Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. 6.7 Legal Services Subcontracting Prohibited. ESI and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. ESI understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by ESI. 0 • 6.8 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. EMPLOYMENT SYSTEMS, INC. CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the State of California 13 e7LLIE 01- jf:�2r r, (print name) -� Its: (circle one) Chairperson, Presiden ice President By: JON & An (print na T� • ATTEST: = - City Clerk ;j/q7 `r APPROVED AS TO -FORM: Its (circle one) Secrets hief Financial Officer/ Assistant Secretary -Treasurer J) 1, K fopZf!ge) City Attorney oll(Signatures Continued o o ing at, 117 " -16-1 1 10 • REVIEWED AND APPROVED: INITIATED AND APPROVED: Wagree:ES1497. 11 EXHIBIT A H-;,I-cl-7 SERVICES Services included in this Agreement by and between the CITY OF HUNTINGTON BEACH and EMPLOYMENT SYSTEMS, INC., are listed below: 1. •• . �. • Hourly Billing Rate Range: $24.00 to $40.00 per hour* � - u . • � • I�Fi�Y•��f11�3i Hourly Billing Rate Range: $15.00 to $30.00 per hour* *It is understood that employees providing services will be driving city vehicles for any field assignments. If the employees use a personal car on such assignments, billing to the City of Huntington Beach will be at the rate of $0.36/mile. 12