HomeMy WebLinkAboutEMPLOYMENT SYSTEMS, INC. - ESI - 2001-02-20•
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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
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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.
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RLS 2001-0079
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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
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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
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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
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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
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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
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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 ��
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EEEmployment Systems Inc.
11590 W. Bernardo Ct#211
San Diego CA 92127-104
COVERAGES
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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
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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
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AUTOMOBILE LIABILITY
C X ANY AUTO
BUA1073310420
12/31/00
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COMBINEOSINGLELIMIT 1$1,000,000.
(Eeeccidenl)
BODILY INJURY I s
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ALL OWNED AUTOS
SCHEDULED AUTOS
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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
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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
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*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