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HomeMy WebLinkAboutAccountants, Inc. - 2001-04-02ao go r CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEN7 APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: September 19, 2001 TO: Accountants, Inc. ATTENTION: President/CEO Name 4675 MacArthur Court, Suite 1270 DEPARTMENT: Street Newport Beach, CA 92660 REGARDING: Amendment No. 1 City, State, Zip See Attached Action Agenda Item E-18 Date of Approval 9 / 17 / 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 Agreement x Bonds Insurance x RCA Deed Other CC: G. Martin Adm. Serv. Name Department S. Hennegan Adm. Serv. Name Department Name Department Name C. Mendoza Name Department Risk Mgmt. Department x x x RCA Agreement Insurance _ Other x x x RCA Agreement Insurance Other RCA Agreement Insurance Other RCA Agreement Insurance Other x x x RCA Insurance ( Telephone: 714-536-5227 ) aq x° C. MAC►�,' V14 - Council/Agency Meeting Held: 61-11-0) Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied l*l City lerk's ignature Council Meeting Date: September 17, 2001 Department ID Num er: AS 01-034 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION N, C o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS � SUBMITTED BY: RAY SILVER, City Administrator aW PREPARED BY: Clay Martin, Director of Administrative Services - SUBJECT: AMEND AGREEMENT WITH ACCOUNTANTS, INC. FORS a TEMPORARY PAYROLL BACKFILL Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should we amend the agreement with Accountants, Inc. for temporary personnel during the settle down of the JDEdwards payroll? Funding Source: Funding in the amount of $48,000 is included in FY 2000-01 in Employee Benefits operation account (business unit 10034601.52000). Recommended Action: Motion to approve and authorize execution by the Mayor and City Clerk of Amendment No. 1 to Agreement between the City of Huntington Beach and Accountants, Inc. for backup payroll and accounting services. Alternative Action(s): Deny the execution of the amendment. Analysis: A contract with a temporary staffing agency that specializes in the accounting field is a resource for the City to address short-term staffing needs efficiently. The City contracted with Accountants Incorporated for assistance during the payroll software implementation. The need for payroll assistance will continue through the first calendar year- end with the new system. The funds for this contract are budgeted; this action is to approve the amendment only. The need for contract employees in the Administrative Services Department will end at the completion of this agreement. The requirements for contracting for professional services, as outlined in Chapter 3.03 of the City Municipal Code have been met. On January 19, 2001, a request for proposal was sent to three temporary employment agencies that specialize in the accounting field. Upon review, Accountants Inc. was selected as the company who could best meet the City's need for temporary accounting and payroll personnel. QUEST FOR COUNCIL ACTI MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: AS 01-034 Environmental Status: None Attachment(s): 1 RCA Author: S. Hennegen Amendment No.1 to Agreement Between the City and Accountants, Inc. Exhibit A: Scope of Service amended agreement with Accountants Inc. -2- 9/6/01 2:08 PM ATTACHMENT.#1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCOUNTANTS, INC. FOR BACKUP PAYROLL AND ACCOUNTING SERVICES THIS AMENDMENT is made and entered into.the 17thday of September , 2001, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and ACCOUNTANTS, INCORPORATED, a California corporation, hereinafter referred to as ACCOUNTANTS. WHEREAS, CITY and ACCOUNTANTS are parties to that certain agreement, dated April 2, 2001 entitled "Agreement to Provide Backup Payroll and Accounting Services Between the City of Huntington Beach and Accountants, Inc." which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, CITY has requested additional work from ACCOUNTANTS and ACCOUNTANTS has agreed to perform such work; and CITY and ACCOUNTANTS wish to amend the Original Agreement to delete Paragraph 5 of the Original Agreement, and modify Paragraph 3.1 of the Original Agreement to reflect the additional work already performed by ACCOUNTANTS, the additional work to be performed by ACCOUNTANTS, and the additional compensation to be paid in consideration thereof by CITY an additional contract amount not to exceed $48,000.00. NOW, THEREFORE, it is agreed by CITY and ACCOUNTANTS as follows: ADDITIONAL WORK ACCOUNTANTS shall provide to CITY services as set forth in the Original Agreement. 2. ADDITIONAL COMPENSATION In consideration of the services to be performed hereunder as described in Section 1 above, CITY agrees to pay the hourly rates for each classification of temporary loaned - - employee established in Exhibit "A" on or before each payment due date up to a total contract amount not to exceed $48,000.00: 3. MODIFICATION OF ORIGINAL AGREEMENT Paragraph 5 of the Original Agreement "Hiring of Temporary Loaned Employee" is deleted from the Original Agreement in its entirety. 01 agree/amend accountants/9/5/01 4. REAFFIRMATION Except as to Paragraphs 3.1 and 5 of the Original Agreement, 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 and through their authorized offices the day, month and year first above written. ACCO TANTS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Cn U \--1 print name ITS: (circle one) Chairma Presiders Nice President AND By: print e / ITS: (circle of S�ary tary Chief Financial Officer/Asst. e- Treasurer REVIEWED AND APPROVED: City Administrator ATTEST: City --Clerk e9-Ze,e� APPROVED AS TO FORM:, ,jkRCity Attorney tAM al 101 glivl�� alTIATEDU APPROVED: Direcl6r of Administrable Services 0 1 agrec/amend accountants/9/5/01 2 EXHIBIT A CITY JOB TITLE. BILL RATES Accountant This position would be filled by a degreed accountant with 4-5 years or more of experience. Bill rates for these employees run between $41.25 and $60.60 per hour per leased employee, depending on exact requirements at the time. Accounting Technician With or without a degree for a more staff level position, rates run between $29.70 and $40.00 per hour per leased employee. Clerical or Processing Non-degreed employees mainly processing for Payroll, AP, AR, etc. with various levels of experience. Bill rates would range from $25.60 to $30.00 per hour per leased employee, based primarily on years of experience and volume being handled. 0 1 agree/Accountants Inc./9/5/01 SEP-12-01 08:18AM FROWCOOPER & McCLOSKEY 415-433-7707 • T-505 P.02/03 F-517 • POLICY NUMBER: 477403893 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �tinl1' Ff1� ADDITIONAL E INSUR D-O � 600. j o INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (If no entry appears above. informationrequired 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 orforyou AP VE AS_ TO IFP UU,1 B �u DEPUTY CITY ATTORNEY qh"I01, CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate;; 1950 SEP-12-01 09:55AM FROM -COOPER a McCLOSKEY 415-433-7707 T-344 P.01/03 F-570 Acuuu E;hKl ll`l1:A1 I-LIABILIIYINZWKANUha SEP1201 PRODUCER COOPER & MCCLOSKEY, INC. THIS CERTIFICATE IS ISSUED AY A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 111 PINE ST. SUITE 1600 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN FRANCISCO CA 94111 POLICIES BELOW. PHONE: 415.433-7700 FAX: 415-433-7707 Agency Lic#: 0008404 COMPANIES AFFORDING COVERAGE INSURED ACCOUNTANTS INC. SERVICES CIO SANDY BRANGAN 111 ANZA BLVD., SUITE 400 SURLINGAME CA 94010 CA 11 V K �`"'h Lt r"'� 660-) I1 COMPANY A: ATLANTIC MUTUAL INSURANCE COMPANY COMPANY B STATE COMPENSATION INSURANCE FUND COMPANY C COMPANY D COMPANY E: rmlj THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITMSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMICM THIS CERTIFICATE MAY Ba' ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. - LIMITS SHOWN MAY HAvE BEEN REDUCED BY PAID CLAIMS N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIOn LIMITS A GENERAL LIABILITY 477403893 JAN 101 X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE IT OCCUR j GEN'L AGGREGATE LIMIT APPLIES ' I i I r'OLICY ' PROACT LOC JAN 102 - EACM OCCURRENCE S_ 11000,000 FIRE DAMAGE (Any One Fire) S 100,000 MEO. EXP (Any One Person) S 5,000 PERSONAL & ADV AjuRY $ 1.000,000 GENERAL AGGREGATE $_ 2,000,000 PRODUCTS-COMPOP AGO. S 2,000,000 A, AUTOMOBILE LIABILITY ANY AUTO ALLOWNEOAuTOS SCHEDULED AuTO5 MIRED AUTOS I NON -OWNED AUTOS II 477403893 JAN 101 I I I I I I I JAN 102 COMBINED SINGLE LIMIT (Ea acaaarn) $ 1,000,000 J(I BODILY IIV.IuRY (FCr Person) S X BODILY INJURY (Pa( acaaent) S X PROPERTY DAMAGE $ I l GARAGE LIABILITY - I ANY AUTO I I_ j I AUTO ONLY- KA ACCIDENT Is OTHER THAN EA ACC IAUTOONLY: AGO S _ S A EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S 477403893 j JAN 1 01 I I j JAN 1 02 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 6,000,000 I IS S WORKERS COMPENSATION AND EMPLOYERS LIABILITY 1642000.01 � JUN 1 01 I JAN 102 wG SYATu- :, OTnEA � E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER: i DESCRIPTION OF OPERATIONSILOCATIONSNEt11CLES/SPECIAL ITEMS CERTIFICATE HOL lll T RED AS RESPECTS GENERAL LIABILITY PER FORM CG2010. DEPUTY OR ATTQRW Of ttiloi AYHI I IWIYNL IN9YKMV; INaUKCK I.0 1 1 CK: CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA92648 Attention: ,—�-Kf"r" SHOULD ANY OF THE ABOVE DESCRIBED. POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT AN E C ES. AUTMO (\ZED R-PRE�SEN_TATIVE ACORD 25-S (7l97) certificate* 1950 0736676 SEP-12-01 08:18AM FROM -COOPER & LOSKEY 415-433-7707 T-505 P.03/03 F-517 • C0Gk�](- IMPORTANT TC'0 JO If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of sucn endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) Certificate'i1950 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Amend agreement with Accountants Incorporated COUNCIL MEETING DATE: September 17, 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 Att mel 1mck' it ovF Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) 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 Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW RDED Administrative Staff L Assistant City Administrator Initial City Administrator Initial al�v City Clerk EXPW�,ATION FOR RETURN OF RCA Author: S. Hennegen 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 DATE: April 5, 2001 TO: Accountants Inc. ATTENTION: Lisa Nelson Name 4675 MacArthur Court, Suite 1270 DEPARTMENT: Street Newport Beach, CA 92660 REGARDING: Agreement for Temp. City, State, Zip Payroll Backfill See Attached Action Agenda Item E-12 Date of Approval 4-2-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other CC: C. Martin Admin. Serv. x x x Name Department RCA Agreement Insurance Other S. Hennegan Admin. Serv. x x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza x x x Risk Management Dept. Insurance ( Telephone: 714-536-5227 ) • c 10 MM I r' ) PJM)#. sue', 4N M-sw- Council/Agency Meeting Held: Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied City ler S gnature Council Meeting Date: April 2, 2001 Department ID Nu r: AS 01-007 CITY OF HUNTINGTON BEACH 4 =_ REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator o241 - PREPARED BY: Clay Martin, Director of Administrative Services SUBJECT: APPROVE AGREEMENT WITH ACCOUNTANTS, INC. FOR TEMPORARY PAYROLL BACKFILL F Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approve the agreement with Accountants, Inc. for temporary personnel as backfill during testing and implementation of the JDEdwards system and Kronos payroll software. Funding Source: Funding is available in several operating accounts; Human Resources Professional Services Account 10035301.69365, Finance Division Professional Services Account 10035201.69365, and the Business Software System Professional Services Account 30143002.69365, in an amount not to exceed $50,000. Recommended Action: Motion to approve and authorize execution by the Mayor and City Clerk of the Agreement to Provide Backup Payroll and Accounting Services Between the City of Huntington Beach and Accountants, Inc. Alternative Action(s): Deny the execution of the agreement and hire permanent Accounting staff. Analysis: A contract with a temporary staffing agency that specializes in the accounting field is a resource for the City to address short-term staffing needs efficiently.. A current need is for payroll assistance during the implementation of the Human Resources and Payroll module of the JDEdwards software and the Kronos timekeeping software. This contract will allow for the hiring of backfill personnel to ensure that day-to-day operations are maintained during the implementation. The requirements for contracting for professional services, as outlined in Chapter 3.03 of the City Municipal Code have been met. On January 19, 2001, a request for proposal was sent to three temporary employment agencies that specialize in the accounting field. Upon review, Accountants Inc. was selected as the company who best meets the City's need for temporary accounting and payroll personnel. • • REQUEST FOR COUNCIL ACTION MEETING DATE: April 2, 2001 Environmental Status: None Attachment(s): RCA Author: S. Hennegen DEPARTMENT ID NUMBER: AS 01-007 Agreement with Accountants Inc. .2. 3/22/01 4:46 PM 0 ATTACHMENT #1 • • AGREEMENT TO PROVIDE BACKUP PAYROLL AND ACCOUNTING SERVICES BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCOUNTANTS INC. THIS AGREEMENT is made and entered into this. 2nd day of Apri 1 2001 (the "effective date"), by and between the CITY OF HUNTINGTON BEACH; hereinafter referred to as "CITY," and ACCOUNTANTS INC., a California corporation, hereinafter referred to as "ACCOUNTANTS." WHEREAS, ACCOUNTANTS is a California corporation which provides the services of its temporary employees to private companies and government agencies in the fields of accounting and finance; and CITY has a present need for temporary backup payroll and accounting services during software testing; and CITY solicited proposals from outside firms for such temporary backup payroll and accounting services, and ACCOUNTANTS submitted the most favorable proposal; and Economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of ACCOUNTANTS' temporary 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 'r 0]agree/RJW/Accountan ts Inc./2/22/01 • • definitions of special terms used herein and pertain solely to ACCOUNTANTS' temporary employees loaned to CITY pursuant to this Agreement: 1.1 "Current Payroll" means the payroll set forth on EXHIBIT A, attached hereto and incorporated by reference into this Agreement. 1.2 "Temporary Loaned Employees" means those individual persons who are temporarily employed by ACCOUNTANTS but who are being loaned to CITY pursuant to the terms of this Agreement and whose duties and services are identified on attached EXHIBIT A. 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. 1.5 "Payment Due Date" means any date on or before the last day of each payroll period. 2 01 agree/RM/Accountants Inc./2/22/01 • 0 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 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. As of the,effective date of this Agreement, ACCOUNTANTS. will lease and provide to CITY those of its employees who are qualified to perform the services identified on attached EXHIBIT A, and CITY hereby.accepts such persons on the terms and conditions provided in this Agreement. 2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and ACCOUNTANTS shall commence on its effective date, as specified at the beginning of this Agreement, and shall continue until terminated. Either party, for any reason, may terminate this Agreement upon thirty (30) days' written notice to the other party. This Agreement shall also be deemed terminated when the Fifty Thousand Dollar ($50,000.00) total contract amount (see Paragraph 3.1) has been paid to ACCOUNTANTS by CITY. 2.3 Specification of Services and Approval of Compensation. CITY shall specify, and by notice to ACCOUNTANTS may accept, modify, or reject, the services and/or rates of compensation of any and all temporary loaned employees, in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any temporary employee loaned to CITY, the loan made by this Agreement 01 agree/RM/Accountants Inc./2/22/01 L.J �J shall terminate as to such temporary loaned employee, effective upon receipt by ACCOUNTANTS of written notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each temporary loaned employee and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. 2.4 Changes and Adjustment in Payroll. CITY and ACCOUNTANTS acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of the temporary loaned 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 ACCOUNTANTS 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 ACCOUNTANTS before revised hourly rates are applied. 2.5 General Duties of ACCOUNTANTS. Prior to referring any temporary loaned employee to CITY, ACCOUNTANTS shall have thoroughly screened -such person, including: an interview or interviews; reference(s) check; background experience, certification, educational and degree check; skills assessment;. specialized testing; and the conducting of, in ACCOUNTANTS' words, a "personal start." After a temporary loaned employee has been provided to CITY, ACCOUNTANTS shall, with respect to each such temporary loaned employee, perform initial daily quality checks; maintain weekly contacts with both the temporary loaned employee and that person's CITY supervisor; and perform Cl 0 1 agree/RJW/Accountants Inc./2/22/01 �J ILI "in service" evaluations. If, for any reason, CITY, within the first eight (8) hours of a temporary loaned employee's assignment to it, is dissatisfied with the temporary loaned employee's services, ACCOUNTANTS shall replace said temporary loaned employee with another qualified temporary loaned employee and CITY shall not be billed for the first temporary loaned employee's unsatisfactory work. 2.6 Employer Duties of ACCOUNTANTS. ACCOUNTANTS, with respect to the temporary loaned employees, shall: (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) prepare and file all payroll tax returns and reports; (3) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (4) prepare, file, and furnish to employees, applicable employee tax forms; and (5) prepare and file applicable employer tax forms. In the event of termination of any temporary loaned employee, as provided by Paragraphs 2.3 and 2.4, ACCOUNTANTS shall provide placement assistance to that person in terms of working with. ACCOUNTANTS' other clients. 2.7 Duties of CITY. CITY, with respect to the temporary loaned employees, shall: (1) provide the workplace for all such employees subject to this Agreement; (2) maintain the workplace in strict accordance with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders, or similar requirements; (4) provide all required safety equipment; (5) for. all such employees located in California, take all actionsnecessary 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 5 0 1 agree/RJ W/Accoun tan ts Inc./2/22/01 • • notices required by law; and (7) notify ACCOUNTANTS immediately of all temporary loaned employee illnesses, accidents, injuries, and absences. 2.8 Workers' Compensation, Health, Other Benefits and Employees' Fidelity Bond. ACCOUNTANTS maintains Workers' Compensation and Employers' Liability Insurance of a form and in an amount as required by state law. The temporary loaned employees shall not be considered eligible for retirement benefits under the Public Employees Retirement Law (California Government Code § 20000, et seq.) In addition, ACCOUNTANTS has represented to CITY that it maintains, for CITY's benefit, general liability insurance, as well as an employee fidelity bond which covers the activities of each temporary loaned .employee provided to CITY under this Agreement. 3. COMPENSATION 3.1 Fee. CITY agrees to pay the hourly range rates for each classification of temporary loaned employee, established in EXHIBIT A, on or before each payment due date, up to a total contract amount not to exceed Fifty Thousand Dollars (550,000.00). The range rates are based on current ACCOUNTANTS costs and are subject to change when costs change due to factors which are beyond the control of ACCOUNTANTS (such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to ACCOUNTANTS, as mutually agreed by CITY and ACCOUNTANTS in the form of an amendment to this Agreement. 3.2 Payment Address. All payments due ACCOUNTANTS shall be paid to: ACCOUNTANTS INC. 111 Anza Boulevard, #400 Burlingame, CA 94010-1932 me Olagree/RJW/Accountants Inc./2/22/01 • • 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 ACCOUNTANTS within forty-five (45) days after payment due date, then CITY agrees that ACCOUNTANTS shall have the right to consider said default a total breach of this Agreement, and the duties of ACCOUNTANTS under this Agreement may be terminated by ACCOUNTANTS, without liability to ACCOUNTANTS, upon ten (10) working days' advance, written notice. 4. SUPERVISION OF TEMPORARY LOANED EMPLOYEES CITY shall supervise the daily activities of the temporary. loaned -employees. The temporary loaned employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY. ACCOUNTANTS shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. HIRING OF A TEMPORARY LOANED EMPLOYEE BY CITY If, during the period of time a temporary loaned employee is performing services to CITY under this Agreement, or within six-(6) months after• the date of referral of such temporary loaned employee to CITY by ACCOUNTANTS, CITY hires said person as one of its employees, CITY shall pay ACCOUNTANTS a "conversion" fee, the precise amount of which is to be agreed to by the parties; but which fee shall be equal to no less than one percent (1%), but no greater than thirty percent (30%), of such person's annual salary with CITY. 7 Olagree/RJW/Accountants Inc./2/22/01 6. INDEMNIFICATION ACCOUNTANTS 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 any of its temporary loaned employees. ACCOUNTANTS 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 the temporary loaned employees, and inasmuch as such persons will discharge government responsibilities and perform in accordance with the ordinances, resolutions rules, regulations, and procedures adopted by CITY: (1) ACCOUNTANTS and its temporary loaned 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 temporary loaned employees, ACCOUNTANTS, and ACCOUNTANTS' 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 temporary loaned employees, ACCOUNTANTS, and ACCOUNTANTS' agents, 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 temporary N. Olagree/RJW/Accountants Inc./2/22/01 loaned employees, ACCOUNTANTS, and ACCOUNTANTS' agents, personnel, directors, and officers to not have any applicable insurance coverage. 7. GENERAL PROVISIONS 7.1 Representation. A CITY representative shall be designated by the CITY, and an ACCOUNTANTS representative(s) shall be designated by ACCOUNTANTS as the primary contact person for each party regarding performance of this Agreement. Personnel in ACCOUNTANTS' Newport Beach office shall manage ACCOUNTANTS' provision of services under this Agreement. The following are the designated representatives: Sharon Hennegan, Principal Administrative Analyst Department of Administrative Services City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Lisa Nelson Temporary Staffing Manager Accountants Inc. 4675 MacArthur Court, Suite 1270 Newport Beach, CA 92660 7.2 Legal Action. Should either party to this Agreement bring legal action against the other, justification of such case shall lie solely in the Orange County Superior Court. Should any action be brought by either party to either enforce or construe the terms of this Agreement, each party shall bear its respective attorney's fees and court costs. 7.3 Assignment. This Agreement shall not be assignable by either party, . without the prior written consent of the other party. 0 01 agree/RM/Accountants Inc./2/22/01 7.4 Audit. CITY shall have the right to audit and inspect ACCOUNTANTS' records and accounts covering costs under this Agreement for a period of two (2) years after termination of the Agreement. 7.5 Title. The titles used in this Agreement are for general reference only and are not part of the Agreement. 7.6 Severability. Should any provision- of this Agreement be determined to be unenforceable, such determination shall not affect thexemaining provisions. 7.7 Legal Services Subcontracting Prohibited. ACCOUNTANTS 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. ACCOUNTANTS 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 ACCOUNTANTS. 7.8 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. 10 0 1 agree/RJ W/Accoun tan ts Inc./2/22/01 • • ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary — Treasurer REVIEWED AND APPROVED: 62nmv City Administrator 11 01 agree/RJ W/Accountants Inc./2/22/01 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: - Cry Clerk py-05—o APPROVED -AS TO FORM: 1 City Attorney INITIATED AND APPROVED: Acting Direct of Administrative Services • • EXHIBIT A EXHIBIT A CITY JOB TITLE BILL RATES Accountant This position would be filled by a degreed accountant with 4-5 years or more of experience. Bill rates for these employees run between $41.25 and $57.75 per hour per leased employee, depending on exact requirements at the time. Accounting Technician With or without a degree for a more staff level position, rates run between $29.70 and $40.00 per hour per leased employee. Clerical or Processing Non-degreed employees mainly processing for Payroll, AP, AR, etc. with various levels of experience. Bill rates would range from $25.60 to $30.00 per hour per leased employee, based primarily on years of experience and volume being handled. 0 1 agree/RJ W/Accountants Inc./3/21/01 MR-21-01 02:42PM FROtM•COOPER A MAL 4)9-488-1t07 T-410 P.01/02 F-982 MBQ CERTIFICATE OF LIMIL17 Y INSURANCE UM 21 c�peR a MCCi.03i®1r, INC. MUM M MWICAT2 0 119M AS MAIIO NO Alms up"THB 111 PINE OT. 31U1 low S NOT A1100, MMNO OR 8AM FRANC= CA 44111 e61.M THE TMf Pt W9- 416433.7700 FAX: 416•M 710i � COMPAI11168 AFFORDING COVARAGE BY The LIDS v4sU o CO4 AkYA ATLANTIC MUTUAL INSURANCE COIIFAIK ACCOLWANTS IIrO. SPAVICIM COdPANY W. CIO BAWDY BRARGMI 111 AWASLVD., Buns 400 Co�anrr c su u.1ma"R CA 641110 0IMPAN90: COMPANY E: T1dS I! TO cum" lm'r 7W POWAS OF VMWJ10E urm OBO>AI muM wrA t0 M TO TR 016UN0 fOWD A00Yi FOR TYE MMY PERIOD IBPAUA F407WIWAIMM MY FRIM&WAOff. Teiw OR OON&TdN OF ANY COM = OR OT„dt OOIMMONT elTn RWOM TO WNGH Tmd CRAT►/ WS MW et: M WO OR AfAVAFFQFM40 D• ,PND [WBy Tmg POLhI&VA aSWUND AEW a !L� TO A6L THR TM48, i>Au Mm mo Cb�IOMMA CF Suc" POL C 5. It QtT k MYG INSWRMW LUMTY!! or aruJPJutL> PomAm RIIMI81t ra.er tntrnL ►or+cti ww.mn L�Ts A OlkEA" I.ARA " X NwdoCWd.GrxemLLMOWTY Cwlra Raw M OCR roTLucluscATt±uuITAPPLaarex F01ln 60C +ITA'4ms9.t JAW 101 im I Q j IJIL?f OCCuRIttJYCfi i 1 �0 0 i l0pjw i &OW I MOML A MV NAIRY s 1,004JU ORMl LAURLOATS i ?,000 00 Aar^ t 2000,000 A AUT*W&9 LWWWW AWAUTO Ail OWMAuTOS aoMEouLCOAUM RMAWDS No*OWN60AuTps. 477443e03 JAN T 01 JAI 102 mawsaviusuw IE%ti wq = 1.D00,000 x 80016r "RY IFWPIMNI s x lfO01LYl4YRV IPsrloeaerm X P�10r$ATY MINK.i • OARAGB NAYRITY AM AUTO AUTO ontY • ct ACC amr t OThm "" BA ACC AUTOOhN. Aft _ i i A �LuwNrY X1 oecoR M CLAW AM* 06DUMLeIMAM s 4n40=3 JAN 101 JAN 1 oz 9*DkaccuRPIWA ssA A06AAMT6 s 5,000„000 t s s A 400611W JAN 101 MAR 101 ��v oTMtw CL @AM ACLIOCIMf t 1,000,000 "018 W-VA 61a+LOYee s 1 0 eL QdWAe!•POUCYwMUr s 1.000fi0o OTHER: 0E8CRIPTION OF OPERATft5A=ATIQN3MffIIC .E8BPECIAL rtEW CERTIMATE NWrzR NAMED AOoMONAL INSURED AS RBSPlCT:.00NEM LtAEOM PEX FORM C40110. APPROVED AS TO FORM.: GAIL HUTTON, City Attornej. 3 fZ3�©� By:. I p &.Auto MY or re Awv8 D09GRI000 Poucca oa cANQs"m soon aT �p MTV TO T1r 1� 101.0 I NAYt00 To limAfJV e LxROakwN1 " C" OF NUIMNGT�OM BEACH FM AOMM OFFICERG, AND I Mh1.OYMpot HUNTWOM 150ACH. CA QUO 1000 MAIN BTA5ET AarT � RGl�saarirATYvC Atise ru CHRISM IMBNDOIZA ACORD 734 (?AM CeIL'501te s 1930 T00'd dZZ:90 TO/ZZ180 OEZOE4EOS9 •emu j siueluno»y 0 • POLICY NUMBER: 477403893 COMMERCIAL. GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Farm B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or OrpenloWon; CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH. CA 92648 (If no entry appears above. information required to complete this endorsement will be shown In the Declarations as applicable to this endoraennent_) WHO 13 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 APPROVED AS TO FORM GAIL HUTTON, City Attorney, By: ` CC 20 10 1`1 8s Copyright. Insurance Services Office. Inc.. 1984 Cerunr�ee a ,moo 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Approve agreement with Accountants Incorporated COUNCIL MEETING DATE: I ril 2, 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 Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) 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 EXPLANATION,.FOR'RETURN.�OF ITEM:: 4-b RCA Author: S. Hennegen APR-09-01 01:49PM FROM -COOPER dLOSKEY 415-433-7707 T-208 P.01/03 F-379 C __.%... O\/!1 a �erar+���1 11\JNfV11rV� APR 01 PRODUCER COOPER & MCCLOSKEY, INC. 111 PINE ST. SUITE 1800 THIS CERTIFICATE IS 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 SAN FRANCISCO CA 94111 POLICIES BELOW. PHONE: 415.433-7700 FAX: 415.433-7707 Agency LiU:: oc08404 COMPANIES AFFORDING COVERAGE INSURED COMPANY A• ATLANTIC MUTUAL INSURANCE COMPANY ACCOUNTANTS INC. SERVICES CIO SANDY BRANGAN 111 ANZA BLVD., SUITE 400 COMPANY B: ZURICH AMERICAN INSURANCE CO. COMPANY C• - COMPANY BURLINGAME CA 94010 _ COMPANY E: 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 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 44so TYPE OF INSURANCE POLICY NUMBER POLICY EFF=ivE POLICY EXPtRATIOn JAN 1 02 LIMITS EACH OCCURRENCE S 1,000,000 A GENERAL LABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X I OCCUR GEN'L AGGREGATE LIMIT APPLIES PER' POLICY 17 PROJECT Loa 477403893 JAN 101 FIRE DAMAGE (Any One Am) S 100,000 MED. EXP tAny One Person) 1 5,000 PERSONAL eADVINJURY S 1,000.000 GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMPJOP AGG. f 2,000,000, ALITONOME X UA81LrTY ANY AUTO ALL OWNED AUTOS SCHEOuLED AUTOS HIREDAUTOs NON-OwNEDAUTOS 411403993 GAlT II l/ Yi 14-1 li �. l�j ti 'on JAN 1 01 TT IN 7 u1 JAN 102 COMBINED SINGLE LIMIT (Ea a0moom) 1 1,000,000 BODILY INJURY iPeT person) f X BODILY INJURY (Pefacelosm) 5 PROPERTY DAMAGE s ' GARAGE LIABIUTY ANY AUTO City Attor P.7 AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S ; A EXCESS LIABILITY X OCCUR CLAIMSMADE.:: DEDUCTIBLE RETENTION S 477403893 16, JAN 101 �: JAN 1 02 EACH OCCURRENCE 6 5,000,000 AGGREGATE S 5,000,000 f S $ B WORKERS COMPEnsaT10N AND EMPLOYERS' LABILITY WC344373800 APR 101 JUL 1 01 1 wCSTATU ar"EP TA1 E.L. EACH ACCIDENT f 1,000,000 E.L. DISEASE -EA EMPLOYEE S 1,000,000 E.L DISEASE -POLICY LIMIT S 1,000,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESiSPECIAL ITEMS CERTIFICATE HOLDER NAMED ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY PER FORM CG2010. ~w I lwmN imouHGms 11 i 11%GR LCI 1 GI{: CITY OF HUNTINGTON BEACH sd� ITS AGENTS, OFFICERS, AND EMPLOYEES c®I 2000 MAIN STREET Au1 HUNTINGTON BEACH, CA92648 Attention: CHRISTINE MENDOZA ACORD 25-S (71911 Certificate n 1950 ANY OF THE ABOvE DESCRIBED POLICIES BE CANCELLED BEFORE THE ON DATE ThEREOF. THE ISSUING COMPANY WILL MAIL W DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO ThE LEFT. tED REPRESENTATIvE APR-09-2001 14:39 415 433 7707 9?% P.01 RISK MANAGEriENT CITY OF HUNTINGTON BEACH, CA 2001 APR I i A 8: 31-1 • APR-09-01 01:49PM FROM-000PER ' CLOSKEY 415-433-TT07 T-208 P.02/03 F-379 POLICY NUMBER: 477403893 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 Name of Person or Organization; SCHEDULE CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (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 11 85 Copyright. Insurance Services Office, Inc., 1984 Cort;fcate x 1950 APR-09-2001 14:39 415 433 7707 97: P . 02 RISC{ P- ANAOEIMENT CITY OF HUNTINGTON BEACH. CA 2001 APR I I A 8: 31-1 0 APR-09-01 01:49PM FROM -COOPER LOSKEY 415-433-7707 T-208 P.03/03 F-379 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage affordeo by the policies listed thereon. ACDRD 25-S (7/97) Cemflcate 91950 APR-09-2001 14:39 415 433 7707 97% P.m RISK MANAGEMEINT CITY OF HUNTINGTON BEACH, CA 1001 APR I I A 8: 3u