HomeMy WebLinkAboutEMPLOYMENT SYSTEMS, INC. (ESI) - 1995-12-04Council/Agency Meeting Held:d
Deferred/Continued to:
fid Ap roved ❑ Conditionally Approved ❑ Denied
ity Clerk's Signfifure
Council Meeting Date: August 5, 1996
Department ID Number: CD96-35
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator �6
PREPARED BY: MELANIE FALLON, Director of Community Development
SUBJECT: AGREEMENT WITH EMPLOYMENT SYSTEMS INC. (ESI) TO
PROVIDE TEMPORARY PERSONNEL
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue:
The Planning Division is proposing to make a minor amendment to an existing agreement to
include planning services to be provided by ESI, Inc. These services will allow the Division
to maintain reasonable service to our customers. We are requesting that this amendment
be approved so that we can continue this service. This service will be financed by the
savings in vacant budgeted positions.
ESI, Inc. has provided excellent service in the past for the Building and Safety Division of
the Community Development Department_ and we would expect to receive this level of
service for the Planning Division.
Funding Source:
The funding source will be the savings in vacant budgeted positions thus will have no fiscal
impact. A total of $20,500 will be used from the contract services account for this fiscal year
and $66,000 will be needed from the contract services account of the 96/97 budget.
Recommended Action:
Motion to: "Approve and authorize the Mayor to approve an amendment (Attachment No. 1)
to the existing agreement with ESI, Inc., to provide personnel for Planning Services."
E17
QUEST FOR COUNCIL ACTS
MEETING DATE: August 5, 1996
Alternative Action(s):
The City may make the following motion:
DEPARTMENT ID NUMBER: CD96-35
"Deny the amendment to the agreement to provide planning services personnel from ESI,
Inc."
Analysis:
Last December 4, 1995, the Council approved an agreement between the City and ESI, Inc.
to provide building services for the City (Attachment No. 2). The Planning Division of the
Community Development Department is requesting to amend Exhibit "A" of the existing
agreement to include planning services. The services would range from counter personnel
to higher level planners. This will enable the Planning Division to lease personnel for
planning services. Without this service our customers would suffer increased time for
processing applications before the Zoning Administrator and Planning Commission by four
(4) to eight (8) weeks. The cost for leased services from ESI, Inc. is substantially less than
typical consulting services, which generally run from $10 to $25 more per hour. ESI, Inc.
has been responsive and professional in all their discussions with the City.
Presently, there are two (2) vacant Assistant Planner and one (1) vacant Associate Planner
positions. We expect to begin recruiting in September and eventually hire three (3) planners
by April of next year. Since the recruitment process takes some time, we are requesting the
ability to hire temporary personnel to assist the Planning Division. These contract services
are for budgeted positions, not for any additional services which may be needed in FY 96-97
if development activity increases substantially as it may if Holly-Seacliff tracts start building
at a more aggressive pace. If this aggressive activity occurs we will return to Council in the
next fiscal year for additional contract services.
The funding source for this request will be the savings in vacant budgeted positions thus will
have no fiscal impact.
Environmental Status:
Not applicable.
Attachment(s):
CD96-35. DOC
1. Amendment No. 1 to Agreement between the City of Huntington and
ESI, Inc.
2. Copy of signed Agreement between the City of Huntington Beach and
ESI, Inc.
-2- 07/29/96 11:46 AM
AMENDMENT NO. I TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMPLOYMENT SYSTEMS, INC.,
TO PROVIDE STAFFING SERVICES
THIS AMENDMENT is made and entered into the day of , 1996,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as `CITY," and EMPLOYMENT SYSTEMS, INC., a California
corporation, hereinafter referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
, 1995, entitled "Agreement To Provide Staffing Services Between the
City of Huntington Beach and Employment Systems, Inc.," and
Since the execution of the aforesaid agreement, CITY has requested additional work from
CONSULTANT and CONSULTANT has agreed to perform such work; and
CITY and CONSULTANT wish to amend the original agreement to reflect the additional
work to be performed by CONSULTANT and the additional compensation to be paid in
consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
MODIFICATION OF EXHIBIT "A"
Exhibit "A" of the Agreement is hereby amended to add the following new Service
5 thereof to read as follows:
Service 5: Planning Services:
Hourly Billing Range: $15.00 to $50.00 per hour*
REST OF PAGE INTENTIONALLY LEFT BLANK
4:PCD:Agree:Amnd 1 ESI
RLS 96-466
7/18/96
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RLS 96-466
7118/y6
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the original
agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on the date first above written.
CONSULTANT:
EMPLOYMENT SYSTEMS, INC.
a California corporation
LOW
(signature)
(print or type name)
Its: (circle one) Chairman/President/Vice President
LM
(signature)
(print or type name)
Its: (circle one) Secretary/Chief Financial Officer/
Asst. Secretary -Treasurer
REVIEWED AND APPROVED:
City Administrator
2
4:PCD:Agree:Amnd 1 ESI
RLS 96-466
7/18/96
CITY:
CITY OF HUNTINGTON BEACH
a California municipal corporation
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City ttorney PP'
7-4116 11fit �
INITIATED AND APPROVED:
Director of Commu ty Development
Exhibit A
SERVICES
Services included in this Agreement by and between the CITY OF HUNTINGTON BEACH and
EMPLOYMENT SYSTEMS, INC., are listed below:
Service 1: Plan Check Services:
Hourly Billing Rate Range: $40.00 to $55.00 per hour*
Service 2: Inspection Services:
Hourly Billing Rate Range: $24.00 to $40.00 per hour*
Service 3: Management Services:
Hourly Billing Rate Range: $40.00 to 70.00 per hour*
Service 4: Counter Services:
Hourly Billing Rate Range: $15.00 to 30.00 per hour*
Service 5: Planning Services:
Hourly Billing Rate Range: $15.00 to 50.00 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.
4:PCD:Agree:Amnd1 ESI
RLS 96-466
7/18/96
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMPLOYMENT SYSTEMS, INC.
Table of Contents
Section
1 Definitions
1.1 "Current Payroll"
1.2 "Employees"
1.3 "Employee Tax Forms"
1.4 "Employer Tax Forms:
1.5 "Payment Due Date"
1.6 "Pay Period"
1.7 "Payroll"
2. Implementation
2.1 Relationship of Parties
2.2 Terms of Agreement
2.3 Specifications of Services and Approval of Compensation
2.4 Changes and Adjustments in Payroll
2.5 Employer Duties of ESI
2.6 Duties of CITY
2.7 Workers' Compensation, Health, and Other Benefits
3 Compensation
3.1 Fee
3.2 Payment Address
3.3 Terms of Compensation
4 Supervision of Employees
5 Indemnification
6 General Provisions
r 6.1 Representation
6.2 Legal Action
6.3 Assignment
6.4 Audit
6.5 Title
6.6 Severability
6.7 Legal Services Subcontracting Prohibited
6.8 Extent of Agreement
Exhibit A
Page
1
2
2
2
2
2
2
2
3
3
3
3
4
4
4
5
5
5
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4\s\G: Agree: ESI 1 1-95\1 1/3/95
RLS 95-680
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMPLOYMENT SYSTEMS, INC.
THIS AGREEMENT is made and entered into this day of L1995,
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:
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
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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.
4\s\G: Agree:ESI11-95\11 /3/95
RLS 95-680
•
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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 fast 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)
2
4\s\G: Agree:ESI1 I-95\11/3/95
RLS 95-680
•
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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 , 1995, 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. 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.
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
r
evenf 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
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
•
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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 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 by the 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
em*yee 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
4
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RLS 95-680
P-.�
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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.
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 is 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 the 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 15 days of receipt.
Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate
5
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
of I % per month, which is an annual percentage rate of 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.
INDEMNIFICATION
ESI shall indemnify, defend, and hold harmless CITY for the purposes of all
required payroll deductions and withholdings, legally required workers' compensation insurance,
and health benefits of the employees. ESI shall also indemnify, defend and hold harmless CITY
for z_—ny 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, regulations, and procedures
adopted by CITY (1) ESI and its employees shall be entitled to all protection and immunities of
C9
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
•
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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 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:
Judy Raoufi for ESI
Ross Cranmer 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, and the
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
E
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party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by
the judge hearing the case and such fee shall be included in the judgment.
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 years after termination of the
Agreement.
6.5 Titles. 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.
8
4\s\G: Agree:ESI I 1-95\1 1/3/95
RLS 95-680
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:
(print name)
Its: (circle one) Chairm reside -ce President
By:
JJ, :G
(print name)
Its: (circle one) Secre Chief Financial Officer
Asst. Secretary -Treasurer
AR_i , .. .
ty
E
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
Mayor
ATTEST:
G�Ox � 491---_ A P P -
City Clerk IA-3 =9y
APPROVED AS TO FORM:
../js �--�- t1I 3/9
City Attorney S 1 j I zoiG�
INITIATED AND APPROVED:
Director of Community velopment
4\s\G: Agree: ESI 1 1-95\1 1/3/95
RLS 95-680
Exhibit A
SERVICES
Services included in this Agreement by and between the CITY OF HUNTINGTON BEACH and
EMPLOYMENT SYSTEMS, INC., are listed below:
Service 1: Plan Check Services:
Hourly Billing Rate Range: $40.00 to $55.00 per hour*
Service 2: Inspection Services
Hourly Billing Rate Range: $24.00 to $40.00 per hour*
Service 3: Management Services
Hourly Billing Rate Range $40.00 to $70.00 per hour*
Service 4: Counter Services
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.
10
4\s\G: Agree: ES111-95\ 11 /3/95
RLS 95-680
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CITY HISTORIAN
Alicia M. Wentworth
Retired City Clerk
December 5, 1995
Judy Raoufi
Employment Systems, Inc.
11590 W. Bernardo Court, Suite 211
San Diego, CA 92127
CALIFORNIA 92648
The City Council of the City of Huntington Beach at their meeting held
December 4, 1995, approved the Agreement to Provide Staffing Services Between the
City of Huntington Beach and Employment Systems, Inc.
Enclosed is an executed copy of the agreement for your records.
If you have any questions regarding this matter, please call the Office of the City Clerk
at (714) 536-5227.
Connie Brockway, CIVIC
City Clerk
Evelyn Schubert, CIVIC
Deputy City Clerk
Enclosure
cc: Ross Cranmer, Planning Director
Melanie Fallon, Director, Community Development
g:\followup\agrmt
Telephone: 714 -536-5404
714-842-9825
r
fco. Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
f
City Clerk's Si ature
Council Meeting Date: August 5, 1996
Department ID Number: CD96-35
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator7��? %a
PREPARED BY: MELANIE FALLON, Director of Community Development ZZf-�Y /
SUBJECT: AGREEMENT WITH EMPLOYMENT SYSTEMS INC. (ESI) TO
PROVIDE TEMPORARY PERSONNEL
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
The Planning Division is proposing to make a minor amendment to an existing agreement to
include planning services to be provided by ESI, Inc. These services will allow the Division
to maintain reasonable service to our customers. We are requesting that this amendment
be approved so that we can continue this service. This service will be financed by the
savings in vacant budgeted positions.
ESI, Inc. has provided excellent service in the past for the Building and Safety Division of
the Community Development Department and we would expect to receive this level of
service for the Planning Division.
Funding Source:
The funding source will be the savings in vacant budgeted positions thus will have no fiscal
impact. A total of $20,500 will be used from the contract services account for this fiscal year
and $66,000 will be needed from the contract services account of the 96/97 budget.
Recommended Action:
Motion to: "Approve and authorize the Mayor to approve an amendment (Attachment No. 1)
to the existing agreement with ESI, Inc., to provide personnel for Planning Services."
0 6
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 5, 1996
Alternative Action(s):
The City may make the following motion:
DEPARTMENT ID NUMBER: CD96-35
"Deny the amendment to the agreement to provide planning services personnel from ESI,
Inc."
Analysis:
Last December 4, 1995, the Council approved an agreement between the City and ESI, Inc.
to provide building services for the City (Attachment No. 2). The Planning Division of the
Community Development Department is requesting to amend Exhibit "A" of the existing
agreement to include planning services. The services would range from counter personnel
to higher level planners. This will enable the- Planning Division to lease personnel for
planning services. Without this service our customers would suffer increased time for
processing applications before the Zoning Administrator and Planning Commission by four
(4) to eight (8) weeks. The cost for leased services from ESI, Inc. is substantially less than
typical consulting services, which generally run from $10 to $25 more per hour. ESI, Inc.
has been responsive and professional in all their discussions with the City.
Presently, there are two (2) vacant Assistant Planner and one (1) vacant Associate Planner
positions. We expect to begin recruiting in September and eventually hire three (3) planners
by April of next year. Since the recruitment process takes some time, we are requesting the
ability to hire temporary personnel to assist the Planning Division. These contract services
are for budgeted positions, not for any additional services which may be needed in FY 96-97
if development activity increases substantially as it may if Holly-Seacliff tracts start building
at a more aggressive pace. If this aggressive activity occurs we will return to Council in the
next fiscal year for additional contract services.
The funding source for this request will be the savings in vacant budgeted positions thus will
have no fiscal impact.
Environmental Status:
Not applicable.
Attachment(s):
City Clerk's
Page Number
2.
CD96-35.DOC
Amendment No. 1 to Agreement between the City of Huntington and
ESI, Inc.
Copy of signed Agreement between the City of Huntington Beach and
ESI, Inc.
;k -2- 07/29/96 11:46 AM
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMPLOYMENT SYSTEMS, INC.,
TO PROVIDE STAFFING SERVICES
THIS AMENDMENT is made and entered into the day of 1996,
by and between the CITY OF HUNTINGTON BEACH, a California municipal eorporation,
hereinafter referred to as `CITY," and EMPLOYMENT SYSTEMS, INC., a California
corporation, hereinafter referred to as CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
/,2 - y-J$' , ,1995, entitled "Agreement To Provide Staffing Services Between the
City of Huntington Beach and Employment Systems, Inc.," and
Since the execution of the aforesaid agreement, CITY has requested additional work from
CONSULTANT and CONSULTANT has agreed to perform such work; and
CITY and CONSULTANT wish to amend the original agreement to reflect the additional
work to be performed by CONSULTANT and the additional compensation to be paid in
-consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. MODIFICATION OF EXHIBIT "A"
Exhibit "A" of the Agreement is hereby amended to add the following new Service
5 thereof to read as follows:
Service 5: Planning Services:
Hourly Billing Range: $15.00 to $50.00 per hour*
REST OF PAGE INTENTIONALLY LEFT BLANK
1
4:PCD:Agree:Amnd 1 ESI
RLS 96-466
7/18/96
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the original
agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on the date first above written.
CONSULTANT: CITY:
EMPLOYMENT SYSTEMS, INC. CITY OF HUNTINGTON BEACH
a California corporation a California municipal corporation
c
By:
(signature) `° (/ a
1Y11 0-
(print or type name)
Its: (circle one) Chairman/Presiden ice President
By: /G
�/ignature)
J6 >n A. >2.
(print or type name)
Its: (circle one) Secret /Chief Financial -Officer/
Asst. Secretary -Treasurer
REVIEWED AND APPROVED:
City Administrator
2
4: PCD: Agre e: Anmd 1 E S I
RLS 96-466
7/18/96
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City ttorney
��g sA
INITIATED AND APPROVED:
�Direc�torofComm ty Development
•
•
Exhibit A
SERVICES
Services�included in this Agreement by and between the CITY OF HUNTINGTON BEACH and
EMPLOYMENT SYSTEMS, INC., are listed below:
Service 1: Plan Check Services:
Hourly Billing Rate Range: $40.00 to $55.00 per hour*
Service 2: Inspection Services:
Hourly Billing Rate Range: $24.00 to $40.00 per hour*
Service 3: Management Services:
Hourly Billing Rate Range: $40.00 to 70.00 per hour*
Service 4: Counter Services:
Hourly Billing Rate Range: $15.00 to 30.00 per hour*
Service 5: Planning Services:
Hourly Billing Rate Range: $15.00 to 50.00 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.
4:PCD:Agree.Amnd1 ESI
RLS 96-466
7/18/96
Council/Agency Meeting Held:,?-1P-7
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Slgnat e
Council Meeting Date: Dec. 4, 1995
Department ID Number: CD95-51
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE
SUBMITTED BY: MICHAEL T. UBERUAGA, City Adm" ist �ato-7—,�-.— �
PREPARED BY: MELANIE FALLON, Director of Community Developmen GA-+r" "
SUBJECT: CONTRACT WITH EMPLOYMENT SYSTEMS INC. (ESI) TO LEASE
TEMPORARY PERSONNEL
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis,
Statement of Issue:
The Building and Safety Division currently uses contract plan check and inspection services
provided by ESI, Inc. These services allow the Division to maintain reasonable service to
our customers. We are requesting that this contract be again approved so that we can
continue this service. This service continues to be financed by the savings in vacant
budgeted positions.
ESI, Inc. has provided excellent service in the past and we would expect that this level of
service would continue.
Funding Source:
The funding source will be the savings in vacant budgeted positions thus will have no fiscal
impact. The savings of $201,881 has been transferred to the contract services account
number CD-234-390.
Recommended Action:
Motion to. "Approve and authorize the Mayor to execute a contract with ESI, in the amount
not to exceed $201,880, to lease personnel for Building and Safety Services."
Altemative Action(s):
The City Council may make the following motion:
"Deny the execution of the contract to lease personnel from ESI."
REQUEST FOR COUNCIL ACTIN
MEETING DATE: Dec. 4, 1995
Analysis:
DEPARTMENT ID NUMBER: CD95-51
Last July 17, 1995, the council approved a contract for ESI, Inc. to provide building services
for the City. These services are making it possible for the Building and Safety Division to be
responsive to the development community. Without this service our customers would suffer
substantial delays due to the Cities inability to provide service in a timely manner. The cost
for leased services from ESI is substantially less than typical consulting services, which
generally run from $10 to $25 more per hour.
The funding source will be the savings in vacant budgeted positions thus will have no fiscal
impact. The savings have been transferred to the contract services account number--
CD-234-390.
ESI, Inc. has been responsive and professional in all their dealings with the Building and
Safety Division.
Attachment(s):
1. Agreement between the City of Huntington Beach and ESI.
2. ESI, Insurance Certificates
CD95-51.DOC -2- 11/20/95 12:39 PM
E
ATTACHMENT 1
•
Section
1
2
3
4
5
6
Exhibit A
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMPLOYMENT SYSTEMS, INC.
Table of Contents
Definitions
1.1 "Current Payroll"
1.2 "Employees"
1.3 "Employee Tax Forms"
1.4 "Employer Tax Forms:
1.5 "Payment Due Date"
1.6 "Pay Period"
1.7 "Payroll"
Implementation
2.1 Relationship of Parties
2.2 Terms of Agreement
2.3 Specifications of Services and Approval of Compensation
2.4 Changes and Adjustments in Payroll
2.5 Employer Duties of ESI
2.6 Duties of CITY
2.7 Workers' Compensation, Health, and Other Benefits
Compensation
3.1 Fee
3.2 Payment Address
3.3 Terms of Compensation
Supervision of Employees
Indemnification
General Provisions
6.1 Representation
6.2 Legal Action
6.3 Assignment
6.4 Audit
6.5 Title
6.6 Severability
6.7 Legal Services Subcontracting Prohibited
6.8 Extent of Agreement
4\s\G:Agree: ESI11-95\11/3/95
RLS 95-680
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AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMPLOYMENT SYSTEMS, INC.
THIS AGREEMENT is made and entered into this 4 day of L1995,
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:
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.
4\s\G: Agree:ES11 1-95\1 1/3/95
RLS 95-680
•
•
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)
2
4�s\G: Agree:ESI11-95\11/3/95
RLS 95-680
•
•
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 , 1995, 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. 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.
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
4\s\G: Agree:ESII 1-95\11/3/95
RLS 95-680
•
•
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 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 by the 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
4
4�s\G: Agree:ESI11-95\11/3/95
RLS 95-680
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.
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 is 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 the 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 15 days of receipt.
Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate
5
4\s\G: Agree:ESI11-95\11 /3/95
RLS 95-680
•
•
of 1% per month, which is an annual percentage rate of 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.
INDEMNIFICATION
ESI shall indemnify, defend, and hold harmless CITY for the purposes of all
required payroll deductions and withholdings, legally required 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, regulations, and procedures
adopted by CITY (1) ESI and its employees shall be entitled to all protection and immunities of
6
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
•
C,
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 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:
Judy Raoufi for ESI
Ross Crammer 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, and the
7
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
•
•
party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by
the judge hearing the case and such fee shall be included in the judgment.
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 years after termination of the
Agreement.
6.5 Titles. 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.
8
4\s\G: Agree:ESI l 1-95\11/3/95
RLS 95-680
•
•
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:
(print name)
Its: (circle one) Chairrnat4Ade c e President
By: IN,
oD F
(print name)
Its: (circle one) Secre hief Financial Officer
Asst. Secretary -Treasurer
C
4\s\G: Agree:ESI11-95\11/3/95
RLS 95-680
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
Mayor
ATTEST:
G �
City Clerk to
APPROVED AS TO FORM:
City Attoin-
INITIATED AND APPROVED:
djA-�' Wjw- .4, Y6.
Director of Community velopment
•
ATTACHMENT 2
Exhibit A
SERVICES
Services included in this Agreement by and between the CITY OF HUNTINGTON BEACH and
EMPLOYMENT SYSTEMS, INC., are listed below:
Service 1: Plan Check Services:
Hourly Billing Rate Range: $40.00 to $55.00 per hour*
Service 2: Inspection Services
Hourly Billing Rate Range: $24.00 to $40.00 per hour*
Service 3: Management Services
Hourly Billing Rate Range $40.00 to $70.00 per hour*
Service 4: Counter Services
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.
10
4\s\G:Agree:ESI11-95\11 /3/95
RLS 95-680
,�AODUCER
R. DAVID BULEN INSURANCE
0 BOX 115
LAKE ELSINORE CA 92531-0115
COVERAGES
SU R A N C E 0 1 6 2 ISSUE DATE (MM/DD/YY) 04/14/95
THIS CERTIFICATE 15 ISSUED 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.
COMPANIES AFFORDING. COVERAGE
COMPANY A C N A INSURANCE CO
LETTER
COMPANY B
LETTER
COMPANY C **THIS CERTIFICATE OF INSURANCE
LETTER
COMPANY D SUPERCEDES ALL PRIOR DATED
LETTER
COMPANY E CERTIFICATES.
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
114DICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH POLNG`IESELIMIITS SHOWN MAY AFFORDED BY
BEEN REDUCED DESCRIBED
Y PAID CLLAIMSEIN IS SUBJECT TO ALL THE TERMS,
.O
TR
TYPE OF INSURANCE
POLICY NUMBER
POUCYEFFECTIVE
DATE (MM/DO/YY)
POLICYEXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
C 12 817 0 610
12 / 31 / 9 4
12 / 31 / 9 5
GENERAL AGGREGATE
S 1 0 0 0 0 0
PRODUCTS-COMP/OP AGG.
S 1 0 0 0 0 0
O6IMERCIAL GENERAL LIABILITY
IMS MADE OCCUR
PERSONAL a ADV. INJURY
S 1 0 0 0 0 0
P.OWNERS&CONTFIACTORSPROT_
----- . _ __ _ _ - _----- ___.--- -_. _ _.
- .- _ - _ -. _ ._- -. _- __.
.- _-- -- -- _ .. --EACH
OCCURRENCE - -
S- 1- 0 0 O 0 O
F6RIE DAMAGE (Any one fire)
S 5 0 0 0
MED.EV. (Any one person)
S 5,00
AUTOMOBILE LIABILITY
C 12 817 0 6 2 4
12 / 31 / 9 4
12 / 31 / 9 5
COMBINED SINGLE
ANY ALTO
LIMIT
S 1 0 0 0 0 0
BODILY INJURY
L OWNED ALTOS
SCHEDULED AUTOS
D
(Pet peson)
BODILY INJURY
HIRED ALTOS
cc
NON -OWNED ALTOS
(Per ncdrlenQ
S
PROPERTY DAMAGE
GARAGE LIABILITY
IJEACH
S
ExCESS LIABILITY
C 12 817 0 6 3 8
12 / 31 / 9 4
12 / 31 / 9 5
OCCURRENCE
is 5,000,000
OTHER
APPROVED AS TO PO .id:
GAIL HUTTOITi„ Cit-V Attorney
13Y:1 Depu CStY A torne
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
ERTIFICATE HOLDER ALONG WITH ITS AGENTS, OFFICIALS AND EMPLOYEES ARE NAMED AS
DDITIONAL INSURED IN REGARDS TO GENERAL LIABILITY COVERAGE PER THE ATTACHED.
E: ALL OPERATIONS OF THE NAMED INSURED FOR THE CITY OF HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH
ATTN: ROSS CRANMER
ASST. BUILDING OFFICIAL
P.O. BOX 190
HUNTINGTON BCH CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I M)PAXX
MAIL —_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. gKMI4L�{44i{4fNR�Q�Ii!443>4iPIQ{44R41KPC'i4R
ACORI
5
FOLICY NUMBER: C1281010 • COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
-- _- ADDITIONAL INSURED--.- OWNERS, -LESSEES OR --
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE -
Name of Person or Organization:
..CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICIALS AND EMPLOYEES
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
'.','HO IS AN INSURED (Section II) is amended to include as an insured the person or organization ganization shown in the
_. _. -.___.Schedule but only -with respect -to liability arising out of your work"for That insured by oricf-you.---------- --
(c(opy
APPROVED AS. TO FORM:..__---__.-
GAIL HUTT0N,,, City Attorney
By:, Deputy City Attorney,
CG 20 10 1185 Copyright. Insurance Services Office. Inc.. 1984
i�i 7 PO.,:BOX-420807, SAN FRANCISCO, CA,94142-0807
04MPIEN.SATiON
i.k
CE*.TIFICATE Cif WC?:R RS' �DMIPENSA'CtON IN; URA![ E
APRIL rJ � 1��5 k 5' �
RT
r:
ATT. • R 0 S C}�J9ME
,
8'Eh!�1#;.: ,,A 'r264a JOB-: ALL OPERATIONS ;
1
This is tQ certify that we have issued a valid Workers' Compensation insurance'poficy in a form approueii`y'he'Cai'ifom�a
r: insure: Commissioner to the,employer named below for the policy period Indicated.
.
phis po is aot t bject to,, cancellation by the Fund except; upon Vo days' advance. written notice to the. employer.
We'w;lf SO give Yo days' advance.notice sfiould'this policy be b4hg0ife&prior to its normal expiration.
;' ti....
-T•his ce cafe of insurance is•not an `insurance,'pol* and doeii not 4i;ne' dd.'exter]d or•after the, coverage afforded by the
I� . g airy requPrgment,. terrri; `or'concfiticsn ga:Jilly contract o]` other document -with
po'cie&listed'hirr, t�iotwithstandira
respect ito;which this ce flcate='ofi:.St]ssurance.. be;; issd or ma ay ay: pertain; the iiJpq ?c afforded by the policies
da gcdb herein is.atibject i'all the terms, lusior]s r]dopndltivns of,s�c fioilcies_.
•;.,
P4ESJDENT
X.
TV
-.riitw;il:��?; Ib'�Ii.��V`Li4l:T: i:a,��Lt}y;��,!] PiEP..':]1�CL�'iv�a.'',
r"
.. .
:
APPROVED AS TO FORM:.
GAIL HUTTON„ City Attorney
By:. leP t City Attorney,
N
v-
EMPLOYER
� M1 :i;: is?k• . �'`M1 x kC'.n'R 4:. yk:,y'::.:.k::.nk}„k+. ;. .. ..
CM�LOVMENT SYSTEMS INC
'i 1590 W 5E=�{�{�RDG CT #21'_°
TOTAL P.01.
04-28-95 12:09PM P 0 1
•
11
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Community Development
SUBJECT:
Employment Servcies Inc. ESI)
COUNCIL MEETING DATE:
December 4, 1995
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 Attome
Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the City Attome
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
ATTACHMENT 2
,,�a;61;1e, CERTIFIC
ISSUE DATE (MM/DD/YY)
OF INSUR�4NCE o;i628
..
04/14/95
-:;ODhCER
THIS CERTIFICATE IS ISSUED AS -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
1. DAVID BULEN INSURANCE
POLICIES BELOW.
O BOX 115
_- COMPANIES AFFORDING COVERAGE
SAKE ELSINORE CA 92531-0115
COMPANY A C N A INSURANCE CO
LETTER
COMPANY B
INSURED
LETTER
BERRYMAN & HENIGAR,
COMPANY C **THIS CERTIFICATE OF INSURANCE
BSI CONSULTANTS, INC. &
LETTER
EMPLOYMENT SYSTEMS, INC.
COMPANY D SUPERCEDES ALL PRIOR DATED
16880.W. BERNARDO #100 _
LETTER
SAN DIEGO , CA 92127-1616
COMPANY E CERTIFICATES.
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIIONS AND CONDITIONS OF SUCH PTOLNG` ESELIMITSSHOWN MAY HAVE BEEN REDUCED DESCRIBED
Y PAID CLLAII HEREIN IS SUBJECT TO ALL THE TERMS,
,O POLICY EFFECTIVE POUCY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
TR ATE (MM/DD/YY) DATE (MM/DDM)
GE14ERAL LIABILITY C12 8 17 0 610 12 / 31 / 9 4 12 / 31 / 9 5 GENERAL AGGREGATE S 1 O O O O O
MMERCLAI GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S ]• O O O O O
IIAS MADE OCCUR PERSONAL S ADV. INJURY S ] 000,00c
OWNERS IL CONTRACTOR'S PROT. - _ _ --•-_ .. _ --- — _ . -__.-_ _------ _..- -- - .- -. _ .. - - _ -- --- -- EACH OCCURRENCE.- -- .7 S 1,0000 O
FIRE DAMAGE (Any one fire) S 50,00
MED.EXP. (Any one Person) S 5,00
AUTOMOBILE LIABILITY C 12 817 0 6 2 4 12 / 31 / 9 4 12 / 31 / 9 5 COMBINED SINGLE
ANY ALTO LIMIT S 1 0 0 O 0 O
ALL OWNED ALTOS BODILY INJURY
SCHEDULED ALTOS D (Per person) S
HIRED ALTOS 0 BODILY INJURY
NON -OWNED AUTOS (Per accidenq S
GARAGE LIABILITY cc
PROPERTY DAMAGE
S
EXCESS LIABILITY C 12 817 0 6 3 8 12 / 31 / 9 4 12 / 31 / 9 5 EACH OCCURRENCE s
UMBRELLA FORM AGGREGATE s 5, 0 0 0, O O
OTHER THAN UMBRELLA FORM ;>
STATUTORY LIMITS
WORKER'S COMPENSATION EACH ACCIOEIJT S
AND
DISEASE -POLICY LIMIT S
EMPLOYERS' LIABILITY _- __-•.. ___ - _,_._ „
-- --- - -- '--- —`-------- - DISEASE -EACH EMPLOYEE
OTHER
APPROVED AS To PO .1.1:
GAIL HUTTON„ City Attorney
By:11-e,$u�C City A tornav
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
ERTIFICATE HOLDER ALONG WITH ITS AGENTS, OFFICIALS AND EMPLOYEES ARE NAMED AS
DDITIONAL INSURED IN REGARDS TO GENERAL LIABILITY COVERAGE PER THE ATTACHED.
E: ALL OPERATIONS OF THE NAMED INSURED FOR THE CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER
....:, ...... CANCELLATION
CITY OF HUNTINGTON BEACH
ATTN: ROSS CRANMER
ASST. BUILDING OFFICIAL
P.O. BOX 190
HUNTINGTON BCH CA 92648
.:..::::.::.::.:::•.:.:.:.::..::::::::..:.:.:::.::..:.::.:.._:..:..:..._:::::.::::::::::.::::.:.::::::.:...:..-.:.::::. ....................
i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EfflRlR)MjK
MAIL _3 0DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT.
X XI�R"K4f X �K A K94M RiT€ R4+Mf N•Pf � �€�F41i�4R l� �� �
m�
ACO R D 25 . ' (7),
i`C0RP' ORA710N 1
N
EOLiCY NU1M6ER: C1281*10 • COMMERCIAL GENERAL LIAEILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
- - - --ADDITIONAL I NSUR-ED-- OWNERS, LESSEES OR --- _ CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COh4h1ERCIA.L GENERAL LIIIEILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICIALS AND EMPLOYEES
(if no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
,','H0 IS AN INSURED Section II is amended to include as an insured t1 a person or or s ,( ) � F organization shown in the
- ---Schedule.-but only -with respect -to liability arising out of "your work" for that insured by or-fcf you.--------- --
C(OPY
APPRO dFD A S TO FORM:
GAIL HUTTON,, City Attorney
By:, Deputy City Attorney,
CG 20 10 11 85 Copyright. Insurance Services Office. Inc.. 1984
TE'. P:O�BOX 420807, SAN FRANCISCO, CA,94142-0807
C.oi;ANSATfON
C, 0j IFICATE F WORKERS' COAAP�N�ATxOfj[ INSURANCE> .
..
0%1L 5; 191�5 POLICY:Nu
139B464
w
CERTifxPi -
.<�.. .
FIL'y'A1'1= EXPIRE
t
r I
l OF HUNT ING4 _N"r`:r'C��A+�{ F�{��t-
TT i 01__r4 CF s
i-iUN''TI�IS�'t7Ni `EAQW;�: --.A:' .92b JuU1: Aid.. IDPE1��1 i it]4�
This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form app'roved'y�the'Califvrnfa
)nsurand}e-Commissioner to the, -employer named below for the policy period indicated.
��" filspolbCy Is.rro�sub)ectto;canceUation by the Fund except:upon jR days' advance. written notice to the. employer.
•y;'-.fit `��'i r f .. i'
Vlle wilt Viso give you,vN .days' advance notice stiou(ffthis polity be cancelled prior to its riomial expiration.
30.
This ce.� cafe of iiisiirance is•rivt an insurance,`policyand does not aFnerid.extetld oc•atterthe'coverage at?orded,by th8
PoliciaS llWed herein;; Mvtwidfstanding arty �equirerneirt,. tetrri;'or condition at: any contract or other document' witrl
respect;ta;which this cer$jflca#e'of:.5nsu(nce.tnay .be;:►s5sec1 or may: pertain; the insuance afforded by the. policies
dacrit5�13ci..herelnis.subjects'althetegris,�ekcJusfortshd ooradlUons of,staeEtjpollcies.:
>..
�Y'h�`I..•�
- � 1 '' �. �.>* � ;;. ;rya : fi:`* � x.• ,
-
>:PfiESIDENT
.F.f �!" �„I e � R L.1. ..`.i. l-w d. !'L! Vb ,! Y14L4 D 0•��
APPROVED AS TO FORld:.
GAIL HUTTON.,, City Attorney
By:. Deputy City Attorney,
el
EMPLOYER
C:M�LGVMENT .SYSTEM , INC
y.1590 W SERNARDCi CT X
SArl .DIE.GO CA . 921.27 R
THIS DOCUMENTHAS A BLUE PATTERNED BACKGROUND
TOTAL P.01.
04-28-95 12:09PM POl
•
•
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 19, 1996
Judy Raoufi
Employment Systems, Inc.
11590 W. Bernardo Court, Suite 211
San Diego, California 92127
Dear Ms. Raoufi;
CALIFORNIA 92648
The City Council of the City of Huntington Beach at the regular meeting held
August 5, 1996, approved execution of the enclosed agreement between the City
of Huntington Beach and Employment Systems Inc., to provide staffing services.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
&1�v4v4WT
Connie Brockway
City Clerk
Enclosure: Agreement
CB/jc
G:fb11owup: a grmtltr/j c