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HomeMy WebLinkAboutEMPLOYMENT SYSTEMS, INC. - ESI - 2001-02-20• M. Oo.f der . hry I! . suifm , fire . Council/Agency Meeting Held: L- LO.01 Deferred/Continued to: LMl I Meeting SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: ❑ Denied February 20, 2001 ggW%City Clerk's Signature Department ID Number: FD 01-003 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION e HONORABLE MAYOR AND CITY COUNCIL MEMBERS c_ RAY SILVER, City Administrator oeA? MICHAEL P. DOLDER, Fire Chief/Information Systems Diredtor APPROVE AGREEMENT WITH EMPLOYMENT SYSTEMS,tINC,. (ESI) TO LEASE TEMPORARY PERSONNEL TO PROVIDE' VARIOUS COMPUTER SERVICES FOR THE INFORMATION SYSTEMS DIVISION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City approve the agreement with Employment Systems, Inc. (ESI) to lease personnel to provide computer services for the Information Systems Division? Funding Source: The Information Systems (IS) budget for this fiscal year includes $586,000 for positions, which are currently vacant. These funds are available in accounts 10042151.51000 and 10042154.51000 (Salaries and Benefits) and will be transferred to 10042151.69315 and 10042154.69315 (Professional Services) for expenditure. No additional funds are needed. Recommended Action: MOTION TO: Approve and authorize execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. to perform various computer services. Alternative Action(s): Deny the execution of the agreement to lease personnel from ESI and hire a permanent person to provide computer services to perform various computer services. Analysis: Due to the number of existing vacancies in the Information Systems (IS) Division, and the extra workload necessitated by implementation of system upgrades, additional temporary personnel are needed. These hourly personnel are required to perform essential duties associated with systems programming, network integration, and assignments for the optical imaging program. Without these personnel, it will be difficult for the IS Division to provide adequate resources to maintain the City's technology infrastructure. *QUEST FOR COUNCIL ACTIIIN MEETING DATE: February 20, 2001 Analysis: (continued) DEPARTMENT ID NUMBER: FD 01-003 It is estimated that it will take 6-8 months to bring the IS Division to full staffing with permanent personnel. In the meantime, the necessary personnel can be obtained on a leased/contractual basis from Employment Systems, Inc. (ESI). However, it is necessary for the City to enter into an agreement with ESI to provide these personnel (Attachment 1). At the February 5, 2001 Council meeting, a position specific contract was approved with ESI. The attached ESI contract allows for various leased positions and provides added flexibility to assure adequate IS staffing while recruitments are conducted for permanent personnel. It also allows for the opportunity to recruit for IS positions from multiple sources. Funding for these positions is available due to salary and benefit savings from vacancies in the Division. ESI has provided the appropriate Certificate of Insurance (Attachment 2). Environmental Status: Not applicable. Attachment(s): Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. 1 2 1 Certificate of Insurance RCA Author: Dolder/Justen FD01 003 ESI Computer Services -2- 2/6/01 4:21 PM • • ATTACHMENT I AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPLOYMENT SYSTEMS, INC. THIS AGREEMENT is made and entered into thiAWday of February, 2001, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY," and EMPLOYMENT SYSTEMS, INC., hereinafter referred to as `BSI." 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. G*2001Agree:ESI — Info Sys Support #2 RLS 2001-0079 • • 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. payroll period. 1.5 "Payment Due Date" means any date on or before the last day of each 1.6 "Pay Period" means the interval between payments to employees. 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 G:4:2001 Agree: ES1 — Info Sys Support #2 2 RLS 2001-0079 • 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 February 21, 2001, ESI will provide 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. The term of this Agreement shall be three (3) years, 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. Notwithstanding the foregoing, either party may terminate this Agreement upon thirty (30) days' prior written notice to the other party. 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. G:4:2001Agree:ESI — Info Sys Support #2 3 RLS 2001-0079 0 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 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 shall be mutually agreed to by CITY and ESI before revised hourly rates are applied. 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 G:4:2001Agree:ES1— Info Sys Support #2 4 RLS 2001-0079 • • 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. 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 ESI for the services of Employees at the hourly rates established in EXHIBIT A on or before each payment due date. The rates set forth in EXHIBIT A 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 GA:2001 Agree:ESI — Info Sys Support #2 5 RLS 2001-0079 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 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 California Government 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, G:4:2001 Agree:ESI — Info Sys Support #2 6 RLS 2001-0079 • • regulations, and procedures adopted by CITY: (1) ESI and its employees 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) 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: ESI: Michelle Friery CITY: Michael P. Dolder, Fire Chief 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. G:4:2001Agree:ESI — Info Sys Support #2 7 RLS 2001-0079 • • 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. REST OF PAGE INTENTIONALLY LEFT BLANK G:4:2001Agree:ES1— Info Sys Support #2 8 RLS 2001-0079 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. a California corporation By: fi— les Miller Corporate Secretary REVIEWED AND APPROVED: 6? City AdKinistrator G*2001Agee:ES1— Info Sys Support #2 9 RLS 2001-0079 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California %A Mayor ATTEST: 4� 44!� City Clerk 12— 2Z-0 ) APPROVED AS TO FORM: Cl Attorney � e !` b 1 2 l 8� INITIATED AND -APPROVED: Are Chief/Information Systems Director 0 EXHIBIT A Employees included in this Agreement by and between the CITY OF HUNTINGTON BEACH and EMPLOYMENT SYSTEMS, INC., are listed below: Employees: As needed for computer mainframe support and services under the supervising direction of Michael P. Dolder, Fire Chief/Information Systems Director: Total ESI payroll to Employees: Range of $15.00 to $150.00 per hour. Overtime will be paid at a rate of time and one-half the pay for any hours worked in excess of eight (8) hours per day, forty (40) hours per week or for the seventh (7th) day worked. Overtime will be paid at twice the pay for any hours worked in excess of twelve (12) hours in a day or over eight (8) hours on the seventh (7th) day worked. Total Hourly Billing Rate to Huntington Beach for Employees: Range of $18.00 to $178.50 per hour. Overtime will be billed at a rate of time and one-half the billing rate for any hours worked in excess of eight (8) hours per day, forty (40) hours per week or for the seventh (7th) day worked. Overtime will be billed at twice the billing rate for any hours worked in excess of twelve (12) hours in a day or over eight (8) hours on the seventh (7th) day worked. The total amount billed under this contract shall not exceed $250,000.00 per year. Note: Employees who pass the State Computer Professional Exemption Tests can be compensated on an hourly basis without overtime. There are no benefits provided to these Employees. *It is understood these employees will be driving a city vehicle for any field assignments. If these employees use a personal car on such assignments, billing to the City of Huntington Beach will be at the rate of $0.41/mile. GA:2001Agree:ESI — Info Sys Support #2 10 RL S 2001-0079 ,e ID i • • ATTACHMENT 2 -�coRo CERTIFIC� PRODUCER • MERIDIAN INSURANCE SERV. INC. 4501 E. LA PALMA AVE. STE. 150 ANAHEIM CA 92807- OF LIABI PhoiTe:714-693-9100 Fax:714-693-9108 INSURED �� �M � CM EEEmployment Systems Inc. 11590 W. Bernardo Ct#211 San Diego CA 92127-104 COVERAGES I IN IN INSURER D: INSURER E: LITY INSU NCR TA DAoiilol i THIS CERTIFICATE UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NSURERA: Transcontinental Ins. Co. SURERB: Golden Eagle Insurance Corp. suRERc: Valley Forge Ins. Co. (CNA) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR ; TYPE OF INSURANCE POLICY NUMBER DA M WFF BATE yI EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1, 0 0 0, 0 0 0 A I X!COMMERCIAL GENERALLIABILITY CLAIMS MADE U OCCUR C175166588 12/31/00 12/31/01 DAMAGE I" FIREEEKP i 50,i000 MEDAny one perow) s 5,000 X ! Owner/COnt Prot. _ PERSONA 6ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $1, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1, 0 0 0 , 0 0 0 X POLICY PRO• LOC JECT AUTOMOBILE LIABILITY C X ANY AUTO BUA1073310420 12/31/00 12/31/01 COMBINEOSINGLELIMIT 1$1,000,000. (Eeeccidenl) BODILY INJURY I s (per ALL OWNED AUTOS SCHEDULED AUTOS APP1101Ii''n :.`; '".! C1.t1•i: BODILY INJURY I _ (For aceldeM ' i HIRED AUTOS NON -OWNED AUTOS rs i,: G� 'f PROPERTY DAMAGE (Per eccWe"t) I S g� $ 5 0 0 DED COMP /LPL GARAGE LIABILITY AUTO ONLY - FJ1 ACCIDENT i I OTHER THAN FA ACC S ANY AUTO I AUTO ONLY. AGG S EXCESS LIABILITY EACH OCCURRENCE $5, 0 0 0, 0 0 0 B �X_ OCCUR CLAIMS MADE CUP1043807157 12/31/00 12/31/01 AGGREGATE $5, 000, 000 S DEDUCTIBLE X RETENTION E 10 , 0 0 0 f WORKERS COMPENSATION ANDFR EMPLOYERS' LIABILITY T• Y LIMITS EL EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEJ s E.L. DISEASE - POLICY LIMIT $ OTHER A !Inland Marine C175166588 12/31/00 12/31/01 I Equipment $54,634 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Huntington Beach, its agents, officers, and employees are named as additional insureds in regard to general liability coverage per the attached endorsement. RE: All Operations of the named insured for the City of Huntington Beach GEKTIFIGATEMULUtK Y I ADDITIONAL INSURED; INSURER LETTER: GANULLLAI1V1v CITYS'B3' SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTON BEACH DATE THEREOF, THE ISSUING INBURERMIL I IMAIL 30 DAYS WRITTEN RISK MANAGEMENT DIVI S.XON . . NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I L ATTN. CHRISTIE MZN1),0ZA !. • , ' 2000 MAIN STREET HUNTINGTON BEACH CA 92649' �Ckielgea- ACORD 1 r 25-5 (11971 ® CORD CORPORATION 1988 Jain 17 Q1 0911a Em loyment Systems Inc. (858) 451-9730 +* np 10-Loul ticul 11;4u 8 rp 0f ��f'o; to QMP—A '� I, UU41 UU4 .1 GATE lwwrotu*.I A.O. CERTIFICATE OF LIABILITY INSURANCE iD1_9_01 I AEG Insurance Services, Inc. P.O. Box 281900 San Francisco, CA 94128-19000 (877)AEG-4424 Employment Systems, Inc. UAqLIzv Michelle Friery � UX n>n_ 11590 W. Bernardo Ct., Ste.# 21 San Dinao. CA 921.27 ..f%...MAfjes• OVIVRAGE AFFORDED BYTHE POLICIES INSURERS AFFORDING COVERAGE inia Surety Comoany.Inc. frJUISPIQ insURLtiILr. _-- THE POLICIES OF INSUMNCE U8TW 8WLVW HAVE OEM ISSUED TO THE INSURED NAMED A✓ OVE FOR THE P=Y PVVW OYDIC:ATEb. N071WITHSTANDING ANY REQUIREMENT, TEAM OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WRf1 pl OPE%,I TO WIECH THIS CLRTWICATE MAY BE (OWED OR MAY Pt:IRTAM. THE IN"AAIOE AFFORDED BY THE POLICIES DESCF(IBED WREN IS SL UECT TO ALL INC TERM&, EXCLUMNS AND C:ONOI ryONS OF SUCH POWIE& AGOMOATE UMITB SMOWN MAY HAVE 8W% REDUCED BY PAM C� ANAL AM nit ar IVLIIULNOi MLMA�R LIAOTA oLLASRAL. L wA m CACH ocewumMGE ! COMMERCIAL CENEMl LIADWY FWE DAMAK ev Ilia I CLAIMS MADE El OCCUR LNtOHU't"WOOMM9 I PCR3MVALA ADY KVU4 ' 1 ~' _ _ OEtRRAt. ApphIMAR i EIn ADOREOM LAI?APPk= PM. PIMDUC[9 •CDMwVP Iwo t POUCT • P LOC AL/fpALOAkF WAM7 LOMWNCD OINLSIC LAMT 1 ANY AUTO �PPI'ti' ' •�_ ,:• 41 L IC& wdd~) , ALL OWWM AUTOA IICKVULYO AUTW UJ ! rNOOLYOLIURV ! NON-0NAVL:DAUTOS Irw•q Ey: w r3 t Ui �,i� ' ii'G�; rney PRQI'kilTTOAIMCC Ira.�t+A ! OAAA)i! WAttfne Alma ONLY. a ►tC10I21i1' S 1HAN EA AM ANY AUTO I ! 2w AUTOONLr AOD ! 2cm t "LLM EAZM OC9uR11CN0e t OCCUR CIAHW MADE AWASSAW JI ! OWUCTAt E s T►ORLER! COMPLNIATION AND X V-�►' A LDLa�wLrEA1rNII.RIR OS-00010501 12/31/.00 a2/31/01 -L4P"ARMENT . 11.000.000 CLatom a -CA LAIr s1 s 000� 000 CL.OWAK.PWJM O 00. aTNeR OLILy1PT10N 00 0PWU"MMLWArMWVDNC1l9lEM0M1 NLAMrA 9T WRi1r111EN1APECDL PRIIVIi'10N! *10 day notice of cancellation for non-payment of premium. City of .Huntington Beach Risk management Division Christi Medonza 2000 Main Street Huntington Beach, CA 92648 0 0" AM OP" A AN" OAACAu= PbUWO AE e&MU.RO MOM THE ARPIRA= L1ATt TIIERsar, tNE 0AUM0 LRlIAIea wL1L LrA1L 3 0 aArs r�1 IvOTLC! TO 7N! CERTVIISATE Ma.O01 RAMtR 7it7lMg Y.AFT 0715118 CL 246 NAMED INSURED: y ESI/Emnto menI Systems, Inc. y POLICY NUMBER: C175166588 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 1185 ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS (FORM B) tem bwl.o- This endorsement modifies insurance provided under the following: ()� zve l FI)3 M_ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City ojHuntington Beach, its agents, officers, and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS 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 Lk,?85 �"s ` opynght, Insurance Services Office, Inc. 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: APPROVE AGREEMENT WITH EMPLOYMENT SYSTEMS, INC. (ESI) TO LEASE TEMPORARY PERSONNEL TO PROVIDE COMPUTER SERVICES COUNCIL MEETING DATE: February 20, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff o-- a- Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's ► "se Only) Vi'l 011 ►. KLA u or: Doicierijusten ft • (21) February 20, 2001 - Council/Agency Minutes - Page 21 (City Council) Approved Agreement with Employment Systems, Inc. (ESI) to Lease Temporary Personnel to Provide Various Computer Services for the Information Systems Division (600.10) — Approved and authorized execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. to perform various computer services. Submitted by the Fire Chief/Information Systems Director. Funding Source: Information Systems Budget - $586,000. (City Council) Approved Agreement with Jeffer, Mangels, Butler & Marmaro, LLP to Serve as Special Counsel to City in Connection with Energy Related Matters — Approved Modifications to Insurance Requirements (600.10) — 1. Approved Agreement between City of Huntington Beach and Jeffer, Mangels, Butler and Marmaro, LLP for Legal Services. (February 20, 2001); and authorized the Mayor and City Clerk to execute the agreement; and 2. Approved the deductible to the firm's professional liability policy in the amount of $250,000. Submitted by the City Attorney. Funding Source: General Fund. (City Council) Deferred From February 5, 2001 - Approved and Authorized Execution of Three Agreements: (1) A License Agreement with the Waterfront Hotel, LLC, and Mayer Financial, L.P., (2) A Cooperative Agreement No. 12-375 with CalTrans, and (3) An Agreement with Orange County Sanitation District and Mayer Financial, L.P. Involving Public Improvements and a Pedestrian Overcrossing (of Pacific Coast Highway) in Connection with the Proposed Grand Coast Resort Hotel Project — Approved Modifications to Insurance Requirements (600.10) The City Council considered a communication from the Public Works Director submitting that the installation of certain public improvements in conjunction with development of the Grand Resort Hotel by Mayer Financial, L.P. requires approval of cooperative agreements with CalTrans and the Orange County Sanitation District (OCSD) involving the construction of a pedestrian overcrossing of Pacific Coast Highway, and a License Agreement between the City and Mayer Financial, L.P. and Waterfront Hotel, LLC, to provide for installation, maintenance and repair of landscaping and other improvements, including the pedestrian overcrossing in the public right of way. These agreements have been prepared and are ready for approval by the City Council. (A PowerPoint presentation titled Grand Coast Resort Hotel Project is included in the agenda packet.) A communication received from Dr. Jan D. Vandersloot dated February 5, 2001 Re: Issue: Redevelopment of Property between the Waterfront Hotel and Beach Blvd. Is also included in the agenda packet. Councilmember Garofalo recused himself due to a possible conflict of interest Mr. Gary Dysart, the city's Design Consultant from PSOMAS presented the PowerPoint slide presentation titled Grand Coast Resort Hotel Project. Councilmember Green arrived at 9:50 p.m. Deputy City Attorney John Fuji responded to Councilmember Dettloff's inquiry as to the city's obligation to back up Mayer Financial in the event of a default on its lease, stating that the hotel cannot operate without a lease. DATE: 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH February 22, 2001 TO: Employment Systems, Inc. Name 11590 W. Bernardo Court, Suite 211 Street San Diego, CA 92127 City, State, Zip ATTENTION: Michelle Friery, Pres. DEPARTMENT: REGARDING: Agreement - Staffing Services See Attached Action Agenda Item E-8 Date of Approval 2-20-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x CC: M. Dolder Name K. Justen Name Name Na e �. Mendoza Agreement x RCA Fire Department Fire Department Department Department x Risk Management Dept. ►4 RCA x RCA RCA RCA X Bonds _ Deed x Agreement x Agreement Agreement Agreement Insurance x Other Insurance x Insurance Insurance Insurance v Insurance Other Other Other Other (Telephone: 714-536-5227 ) STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH * * * * * * - Indicates Portions of the Meeting Not Included in the Statement of Action Council Chamber, Civic Center Huntington Beach, California Monday, February 20, 2001 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer ABSENT: None On motion by Dettloff, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSTAIN: None ABSENT: Green (City Council) Approved Agreement with Employment Systems, Inc. (ESI) to Lease Temporary Personnel to Provide Various Computer Services for the Information Systems Division (600.10) — Approved and authorized execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. to perform various computer services. • The meeting adjourned at 12:30 a.m. to Monday, March 5, 2001, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: /s/ Connie Brockway City Clerk/Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California /s/ Pam Julien Houchen Mayor I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on February 20, 2001. Witness my hand and seal of the said City of Huntington Beach this 22"d day of February 2001. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy City