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HomeMy WebLinkAboutEMPLOYMENT SYSTEMS, INC. - (ESI) - 2001-02-05Brockway, Connie To: McGrath, Jennifer Cc: Ehring, Liz; Jones, Dale Subject: July 7 Council Meeting consent calendar item ESI Agreement Amend No. 2 I would appreciate your review of the above consent calendar item that was approved by council on 7/7/03. There is not an agreement called Amend. No. 1 on file in this office. I located the original Agreement (2/5/01). A second agreement was approved by Council 2/20/01- which was not drawn up as Amendment No. 1 This (7/7/03) Agreement is drawn up to be Amendment No. 2 - to change notification procedure from Dolder to Ingels. I would appreciate one of your deputy attorney's preparing a memorandum for the official file - clarifying that these agreements do mesh together and should have been labeled as Amend No. 1 et; Also there is not uptodate insurance on file for this agreement. Is it allright to execute right now without insurance and await until your office has staff obtain it? Connie CITY OF HUNTINGTON BEACI+-,--"' MEETING DATE: July 7, 2003 DEPARTMENT 1D NUMBER: IS 03-002 Council/Agency Meeting Held: -2—b.3 Deferred/Continued to: *-proved ❑ Conditionally Approved ❑ Denied Ci Clerk's Signature Council Meeting Date: July 7, 2003 Department ID Number: IU3-002 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION T SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorXW = PREPARED BY: JanisI 1 nge s, Director of Information Services SUBJECT: Approve Amendment No. 2 to Agreement to Prov a Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmentls) Statement gf Issue: Should the City Council approve Amendment No. 2 to the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc.? Funding Source: Funds for contract employees hired through this agreement are budgeted in Information Services account # 10042154.69300 (Professional Services) and are supplemented by salary and benefit savings from budgeted positions that are currently vacant (10042154.51000 — Salaries and Benefits). No additional funding for this agreement is required. Recommended Action: MOTION TO: Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. Alternative Aellonts): Do not approve the amendment. Analysis In February 2001, City Council approved the Agreement between the City of Huntington Beach and Employment Systems, Inc. to provide contract personnel to staff the City's Information Services division, until such time as permanent staff could be hired. Amendment # 2 changes the City's representative to Janis Ingels, Director of Information Services, from Michael P. Dolder., IS 03-009.Ammdment to ESI Agreetnent.doc - 8/2412003 6.23 PM I REQUEST FOR COUNCIL ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: IS 03-002 The second change is to increase the annual (calendar year) "not -to -exceed" amount of the contract from $250,000 to $500,000. Employment Systems, Inc. provides seven (7) contractors in the Information Services department. The annual cap of $250,000 will soon be reached and must be extended in order to continue employment of these contractors until such time as permanent staff are hired and trained. The Agreement between the City of Huntington Beach and Employment Systems, Inc., is to provide Information Services staffing during the time that there are vacancies in the Information Services department. As permanent staff is hired, the need for contractors through this agreement should be eliminated. EnviE2nMenj1AI Status: None A,Shm®�nt(sl,: RCA Author: Keith Is 03-00LAmendment to ESI AWwmentdoc 4W2412003 6:23 PM d- - - A & r < AMENDMENT NO. 2 TO AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPLOYMENT SYSTEMS, INC. THIS AMENDMENT NO. 2 (the "Amendment") is made and entered into this -% 7` day of 7/ , 2003, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("CITY"), and EMPLOYMENT SYSTEMS, INC., a California corporation ("ESI"). Whereas, CITY and ESI have entered into that certain "Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc.," Acted Febromy 5; 2001 (the "Original Agreement") for computer services for mainframe support for maintaining hardware systems and backup. Since the execution of the Original Agreement, CITY has requested additional work from ESI; and CITY and ESI wish to amend the Agreement to reflect the additional work to be performed by ESI and the additional compensation to be paid in consideration thereof by CITY; and The Original Agreement should be amended to reflect changes in CITY personnel, NOW, THEREFORE, on the basis of the foregoing recitals, CITY and ESI hereby agree as follows: SECTION 1: Paragraph 6. GENERAL PROVISIONS, subsection 6.1 Representation is amended. Janis Ingels, Information Services Director, replaces Michael P. Dolder as representative of the City. SECTION 2: Exhibit A to the Original Agreement is amended to reflect additional compensation and is attached hereto. 03agree/ESI amend/6/16/03 I 96/16/2003 15:39 7148433257 BEACH PROJECT PAGE 02 SECTION 3: Except as specifically modified herein, all other terms and conditions of the Original Agreement and any amendment(s) thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their authorized offices the day, month and year first above written. EMPLOYMENT SYSTEMS, INC., ifornia corporation dVll �N,L C' � LGyYl y- O-SkJ�V Print na ITS: (circle one) Chairm resident ice President AND print name ITS: circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer CITY OF HUNTINGTON BEACH, A municipal co rpo tion of the State of California r ?04400L-o Mayor ATTEST: ii3�a 3� City Clerk APPROVED AS TO • ' �SWo I INITIATED, REVIEWED AND APPROVED: INITIATED AND APPROVED: City ATministrator —(144v� Z�PA Al"q Information Systems ' ector 03agree/ESI amend/6/16/03 2 EXHIBIT A Employees included in this Agreement by and between the CITY OF HUNTINGTON BEACH and EMPLOYMENT SYSTEMS, INC., are listed below: Employees: As needed for computer mainframe support and services under the supervising direction of Janis Ingels, Information Systems Director: Total ESI payroll to Employees: Range of $15.00 to $150.00 per hour. Overtime will be paid at a rate of time and one-half the pay for any hours worked in excess of eight (8) hours per day, forty (40) hours per week or for the seventh (7`") day worked. Overtime will be paid at twice the pay for any hours worked in excess of twelve (12) hours in a day or over eight (8) hours on the seventh (7t`) day worked. Total Hourly Billing Rate to Huntington Beach for Employees: Range of $18.00 to $178.50 per hour. Overtime will be billed at a rate of time and one-half the billing rate for any hours worked in excess of eight (8) hours per day, forty (40) hours per week or for the seventh (7`") day worked. Overtime will be billed at twice the billing rate for any hours worked in excess of twelve (12) hours in a day or over eight (8) hours on the seventh (7`h) day worked. The total amount billed under this contract shall not exceed $500,000.00 per year. Note: Employees who pass the State Computer Professional Exemption Tests can be compensated on an hourly basis without overtime. There are no benefits provided to these Employees. *It is understood these employees will be driving a city vehicle for any field assignments. If these employees use a personal car on such assignments, billing to the City of Huntington Beach will be at the rate of $0.41/mile. 03agree/ESI amend/6/16/03 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Information Services SUBJECT: Arrendmmt * 2 to Ag City of Hunt noton Bosch and gm , §ydwm, Vic... COUNCIL MEETING DATE: July 7, 2003 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. (Ap2roved as to form by g& Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED Administrative Staff Assistant City Administrator (initial) Ci Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: • REQUEST FOR LATE SUBMITTAL (To accompany RCA'ssubmfte a er Deadline Department: I. S. Council Meeting Date: 7/7/03 Subject Appme Anvmkmat No, 2 to Agreement to Proves Staffing Between the City of Hum Beach and Em lo nwnt Serves Inc. Date of This Request: 6125103 REASON (Why is this RCA being submitted late?): Vendor had submitted faxed copy of signature page of the amendment, which was Illegible. the o ' inal signature page arrived today. EXPLANATION (Why is this RCA necessary to this agenda?): The Agreement with Employment Systems, Inc. has an annual dollar cap which has been reached. In order to keep ESI contractors working through the IS transition period it will be necessa to have the amendment, which increases the annual cap. Without the amendment, we will have to terminate our ESI contractors immediately. CONSEQUENCES How shall delay of this RCA adversely impact the Ci ? : All of our ESI contractors stop working immediately. Two of these contractors, Ken Blendermann and John Woodruff are required for mainframe operations such as producing water bills and maintaining any business data still on the mainframe (cashiering, bank reconciliations, business license and building rmits included The other four Contractors Ballesteros, Hunter Pritchett, Carpenter) work on the Ci 's network and network applications Kronos, Outlook, JOE, etc. S Department Head g-Approved 0 Denied Ray Silver City Administrator E 9 • JJ HUNTINGTON BEACH City of Huntington Beach P. O. Box 190 - 2000 Main Sheet Huntington Beach, California 92648 From the desk of. Liz Ehring Deputy City Clerk41 . Telephone: (714) "9s Fax: (714) 374-1557 • ellCITY 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: 0 TO: ��Ldz-ans '0c. ATTENTION)/C,,�4,r- E,4 ` i� _lAAJ Name —� DEPARTMENT: / Street /� /j �� REGARDING: -Ann-"it1G 0'V7— 70 City, State, Zip c 7��'ll�icl�.c11 �►J i�' . See Attached Action Agenda Item L_� / Date of Approval 2L�o`,Ov 3 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: dmw'� 6� Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement k'-- Bonds Insurance RCA Deed Other CC: IA)CEL.S A/FU `SdC_ e Department ((' RCA Agreement Insurance Other Name j IDepartment RCA Agreement Insurance Other Name Name Name Department Department RCA Agreement Insurance Other RCA Agreement Insurance Other Department RCA Insurance g:/followup/letters/coverletter of transmittal ( Telephone: 714.536.5227 ) (12) July 7, 2003 - Council/Agency Agenda - Page 12 E-6. (City Council) Approve the Reappointments of Ruth Siearist. Linda MacDonell Olga Wrobel, John Parodi, and Sid Kuperberg to the Library Board of Trustees ( . ) —. 1. Approve the reappointments of Ruth Siegrist, Linda MacDonell and Olga Wrobel to a two-year term expiring June 30, 2005; and 2. Approve the reappointments of John Parodi and Sid Kuperberg to a four-year term expiring June 30, 2007. Submitted by the Library Services Director and as Recommended by City Council Liaisons Dave Sullivan and Gil Coerper. Funding Source: Not applicable. Approved 7-0 E-7. (City Council) Adopt Resolution No. 2003-48 Amending Classifications and Modifying Compensation in the City's Classification Plan ( . ) — Adopt Resolution No. 2003-48 — "A Resolution of the City Council of the City of Huntington Beach to Amend the Classification Plan by Adding, Deleting and Modifying Classifications and Modifying Compensation in the City Classification Plan. Submitted by the Administrative Services Director. Funding Source: Proposed amendments are related to departmental budget cuts, resulting in a savings of approximately $1,365,000 annually. (The staff report lists 5 new classifications, 6 deleted classifications, and 4 modified classifications.) Discussion re: Whether classifications deleted will be removed from City Classification Plan and if required in future will be processed through the Personnel Commission and some positions may be filled by employees bumping down. Adopted 6-1 (Green -NO) E-8. (City Council) Approve the Reappointment of Blanche Deight to the Personnel Commission with a Term to Expire June 30, 2007 ( . ) — Approve the reappointment of Blanche Deight to the Personnel Commission for a term to expire June 30, 2007. Submitted by the Administrative Services Director and as Recommended by City Council Liaisons Dave Sullivan and Jill Hardy. Funding Source: Not applicable. Approved 7-0 E-9. (City Court Apm, VeAnwadment No. 2 to Agreement to Provide Staffing Services between the City and Employment Systems, tnc. (tSO 46 f0) —Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to Agreement to Provide Staffing Services between the City of Huntington Beach and Employment Systems, Inc. Submitted by the Information Services Director. Funding Source: Funds for contract employees hired through this agreement are budgeted in Information Services, Professional Services Account and supplemented by salary and benefit savings from budgeted positions that are currently vacant. No additional funding for this agreement is required. AppreVedr7_0 E-10. sty Council) Adopt Resolution No. 2003-47 Revising the Fee Schedule for Civil Fines for Municipal Code Violations (Pursuant to HBMC Municipal Code Chapter 1.18) Repeals Resolution No. 98-43 ( . ) — Adopt Resolution No. 2003-47 — "A Resolution of the City Council of the City of Huntington Beach Revising the Fee Schedule for Civil Fines for Municipal Code Violations." Submitted by the City Attorney and the Planning Director. Funding Source: Not applicable. Adopted 7-0 PDLbfh 151E Council/Agency Meeting Held: 6?-- O5 — 0 i Deferred/Continued to: Approved ❑ Condition Ily Approved ❑ Denied C CI Signature Council Meeting Date: February 5, 2001 Department ID Number: FD 01-001 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION x. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: MICHAEL P. DOLDER, Fire Chief/Information Systems Director SUBJECT: APPROVE AGREEMENT WITH EMPLOYMENT SYSTEMS, INC. (ESI) TO LEASE TEMPORARY PERSONNEL TO PROVIDE COMPUTER SERVICES FOR MAINFRAME MAINTENANCE Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Ee:mentof Statement of Issue: Should the City approve the agreement with Employment Systems, Inc. (ESI) to lease personnel to provide computer services for mainframe maintenance and system backup services? Funding Source: Funding for position request is included in the Fiscal Year 2000/2001 Budget in the Non -departmental Information Systems Business System salary and benefit savings. The total contractual amount during the three year period will not exceed $277,648. Recommended Action: MOTION TO: Approve and authorize execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. for computer services to perform mainframe maintenance and system backup services. Alternative Action(s): Deny the execution of the agreement to lease personnel from ESI and hire a permanent person to provide computer services to perform mainframe maintenance. Analysis: The City is currently in Phase II of a three-phase project to replace the City's Mainframe Legacy System, which includes financial, payroll, and utility billing software with J.D. Edwards' Enterprise Resource Planning (ERP) software operating in a Client Server hardware environment. This three-phase project will result in the complete replacement and shutdown of the Mainframe Legacy System hardware, software, and associated support staff. G' � REQUEST FOR COUNCIL ACTISN MEETING DATE: February 5, 2001 DEPARTMENT ID NUMBER: FD 01-001 Analysis: (continued) The Computer Operations Supervisor, who was responsible for mainframe hardware and data backup support, retired effective December 29, 2000. Since the mainframe computer will continue to operate for less than three years, short-term replacement staffing is required. A replacement Computer Operations Supervisor is best provided on a lease/contract basis allowing the flexibility to meet internal hardware and support demands while providing the flexibility in adding support staff for the expansion of the Client Server/ERP based hardware/software platform. Staff is requesting authority to contract with Employment Systems, Inc. (ESI) to provide internal mainframe/hardware and data backup support through leased/contractual positions for an interim period of approximately three years until the migration off the legacy system is complete. Funding for the leased position support will be provided by savings resulting from the retirement of the Computer Operations Supervisor. The ESI Contract will not exceed $277,648 over the three year period. Future staffing augmentation necessary for increasing the City's expansion of the Client Server/ERP platform will be proposed during the Fiscal Year 2001/2002 and 2002/2003 budget approval process. Environmental Status: Not applicable. Attachment(s): RCA Author: Dolder FD01 001 ESI Computer Services -2- 1125101 4:45 PM ATTACHMENT 1 • AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPLOYMENT SYSTEMS, INC. THIS AGREEMENT is made and entered into this 5th day of February, 2001, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY," and EMPLOYMENT SYSTEMS, INC., hereinafter referred to as `BSI." WHEREAS, ESI is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and CITY has engaged the personal services of certain persons as its employees; and Economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of ESI employees; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: 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. GA:200 I Agree: ES1 — Info Sys Support RLS 2001-0023 1.2 "Employees" means those individual persons who are subject to the terms of this Agreement and whose services are identified on attached EXHIBIT A, incorporated by this reference. 1.3 "Employee Tax Forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. 1.4 "Employer Tax Forms" means all forms required to fully and properly report the payroll to the United States, state, and/or local governments, including United States Department of the Treasury; Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insurance Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. payroll period. 1.5 "Payment Due Date" means any date on or before the last day of each 1.6 "Pay Period" means the interval between payments to employees. 1.7 "Payroll" means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state, and local (if any) withholding taxes, employer and employee costs pursuant to the Federal G:4:2001 Agree:ESI — Info Sys Support 2 RLS 2001-0023 C] • Insurance Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary Compensation Plan (if any), and employer listed service fees (as applicable). 2. IMPLEMENTATION 2.1 Relationship of Parties. Effective at the commencement of business on February 6, 2001, ESI will provide to CITY those of its employees who are qualified to perform the services identified on attached Exhibit A, and CITY hereby accepts such employees on the terms and conditions provided in this Agreement. 2.2 Term of Agreement. The term of this Agreement shall be three (3) years, and the rights and obligations of CITY and ESI shall commence on the effective time and date specified in paragraph 2.1 and shall continue until terminated. Notwithstanding the foregoing, either party may terminate this Agreement upon thirty (30) days' prior written notice to the other party. 2.3 Specification of Services and Approval of Compensation. CITY shall specify, and by notice to ESI, may accept, modify, or reject the services and/or rate of compensation of any and all employees leased to CITY in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any employee leased to CITY, the lease made by this Agreement shall terminate as to such employee, effective upon receipt by ESI of written notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each employee and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. G:4:2001 Agree:ESI — Info Sys Support 3 RLS 2001-0023 2.4 Changes and Adjustment in Payroll. CITY and ESI acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of employees. It is further acknowledged that the payroll also may vary from pay period to pay period by reason of changes in the rate and/or amount of employee withholding and/or employer payroll contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from CITY to ESI shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All such changes and adjustments in payroll shall be mutually agreed to by CITY and ESI before revised hourly rates are applied. 2.5 Employer Duties of ESI. ESI shall: (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (5) prepare, file, and furnish to. employees, applicable employee tax forms; and (6) prepare and file, with a copy to CITY, applicable employer tax forms. In the event of termination of any employee, as provided by Paragraphs 2.3 and 2.4, ESI shall provide placement assistance to that employee by listing that employee at no charge to the employee in ESI's job listing service. 2.6 Duties of CITY. CITY shall: (1) provide the workplace for all employees subject to this Agreement; (2) maintain the workplace in strict accordance with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders, or G:4:2001Agree:ESI — Info Sys Support 4. RLS 2001-0023 similar requirements; (4) provide all required safety equipment; (5) for employees located in California, take all actions necessary to establish and implement an injury and illness prevention program, as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified at California Labor Code § 6401.7; (6) post or provide employee notices required by law; and (7) notify ESI immediately of all employee illnesses, accidents, injuries, and absences. 2.7 Workers' Compensation, Health, and Other Benefits. ESI maintains Workers' Compensation and Employers' Liability Insurance of a form and in an amount as required by state law. Various health and other benefits are available to employees under a cafeteria plan which permits each employee to choose the type of benefits he or she will receive. 3. COMPENSATION 3.1 Fee. CITY agrees to pay ESI for the services of Employees at the hourly rates established in EXHIBIT A on or before each payment due date. Under no circumstances shall the total amount paid to ESI during the term of this Agreement exceed Two Hundred Seventy-seven Thousand Six Hundred Forty-eight Dollars ($277,648.00). The rates set forth in EXHIBIT A are based on current ESI costs and are subject to change when costs change due to factors which are beyond the control of ESI (such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to ESI, as mutually agreed by CITY and ESI. 3.2 Payment Address. All payments due ESI shall be paid to: EMPLOYMENT SYSTEMS, INC. 11590 W. Bernardo Court, Suite 211 San Diego, California 92127 G:4:2001 Agree:ESI — Info Sys Support 5 RLS 2001-0023 • 3.3 Terms of Compensation. Invoices are due within fifteen (15) days of receipt. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of one percent (1%) per month, which is an annual percentage rate of twelve percent (12%), which will be applied to any unpaid balance owed, commencing seven (7) days after the payment due date. Additionally, in the event CITY fails to pay any undisputed amounts due ESI within forty-five (45) days after payment due date, then CITY agrees that ESI shall have the right to consider said default a total breach of this Agreement, and the duties of ESI under this Agreement may be terminated by ESI, without liability to ESI, upon ten (10) working days' advance, written notice. 4. SUPERVISION OF EMPLOYEES CITY shall supervise the daily activities of employees. Employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations, and procedures adopted by CITY. ESI shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations, and procedures. 5. INDEMNIFICATION ESI shall indemnify, defend, and hold harmless CITY for the purposes of all required payroll deductions and withholdings, legally require workers' compensation insurance, and health benefits of the employees. ESI shall also indemnify, defend, and hold harmless CITY for any liability arising under the Public Employees Retirement Law, as set forth in California Government Code § 20000, et seq. However, inasmuch as the CITY shall supervise the daily activities of employees, and inasmuch as the employees will discharge G:4:2001 Agree:ESI — Info Sys Support 6 RLS 2001-0023 Ll • 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 government employees, including, without limitation, those provided in California Government Code Title 1, Division 3.6, Claims and Actions against Public Entities and Public Employees; and (2) CITY does release and agree to indemnify, defend, and hold harmless the employees, ESI, and ESI's agents, personnel, directors, and officers from any and all actions, claims, damages or injuries to persons or property, penalties, obligations or liabilities arising out of or related to the services performed under this Agreement. In addition, the employees, ESI, and ESI's agent, personnel, directors, and officers shall be additional named insureds on CITY's insurance policies or on any self-insurance agreement. If CITY is a member of a Risk Management Agreement (RMA) or similar agreement, CITY will notify the organization responsible for RMA or similar agreement, in writing, that the employees, ESI, and ESI's agents, personnel, directors, and officers to not have any applicable insurance coverage. 6. GENERAL PROVISIONS 6.1 Representation. A CITY representative shall be designated by the CITY, and an ESI representative shall be designated by ESI as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives: ESI: Michelle Friery CITY: Michael P. Dolder, Fire Chief G*2001Agree: ESI — Info Sys Support 7 RLS 2001-0023 • 6.2 Legal Action. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located. 6.3 Assignment. This Agreement shall not be assignable by either party, without the prior written consent of the other party. 6.4 Audit. CITY shall have the right to audit and inspect ESI records and accounts covering costs under this Agreement for a period of two (2) years after termination of the Agreement. 6.5 Title. The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.6 Severability. Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. 6.7 Legal Services Subcontracting Prohibited. ESI and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. ESI understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by ESI. REST OF PAGE INTENTIONALLY LEFT BLANK GA:200IAgree: ESI — Info Sys Support RLS 2001-0023 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 f J By: Michelle C. Pory, Pr dent By,� les Miller, Corporate Secretary REVIEWED AND APPROVED: City A inistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California NA'r, /9CA� Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: �9 ku- 4( Fire Chief/Information Systems Director 9 0 EXHIBIT A SERVICES Services included in this Agreement are computer services for mainframe support for maintaining hardware systems and backup. Employees included in this Agreement by and between the CITY OF HUNTINGTON BEACH and EMPLOYMENT SYSTEMS, INC., are listed below: Employee 1: under the supervising direction of Fire Chief Michael P. Dolder: Total ESI payroll to Employee 1: $75.00 per hour Employees who pass the State Computer Professional Exemption Tests can be compensated on an hourly basis. If an employe does not pass the computer Professional Exemption Tests, overtime will be paid at a rate of time and one-half the pay for any hours worked in excess of eight (8) hours per day, forty (40) hours per week or for the seventh (71h) day worked. Overtime will be paid at twice the pay for any hours worked in excess of twelve (12) hours in a day or over eight (8) hours on the seventh (71h) day worked. Hourly Billing Rate to Huntington Beach for Employee 1: $88.99 per hour The billing rate for Employee 1 is based on all hours paid to this employee. If an employee does not pass the computer Professional Exemption Tests, overtime will be billed at a rate of time and one-half the billing -rate for any hours worked in excess of eight (8) hours per day, forty (40) hours per week or for the seventh (71h) day worked. Overtime will be billed at twice the pay for any hours worked in excess of twelve (12) hours in a day or over eight (8) hours on the seventh (71h) day worked. There are no benefits provided to this employee. *It is understood this employee will be driving a city vehicle for any field assignments. If the employee uses a personal car on such assignments, billing to the City of Huntington Beach will be at the rate of $0.41/mile. GA:2001 Agree:ESI — Info Sys Support 10 RLS 2001-0023 ACORD CERTIFICA OF LIABILITY INSU NC R TA DATE ICONl 01/1O1/10/Ol PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MERIDIAN INSURANCE SERV . INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4501 E . LA PALMA AVE. STE . 150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92807 - Phone:714-693-9100 Fax:714-693-9108 INSURERS AFFORDING COVERAGE INSURED INSURER A: Transcontinental Ins. Co. INSURERS: Golden Eagle Insurance CO ESI Em loyment Systems Inc. INSURERC: Valle Forge Ins. Co. (CNA) 11990 W. Bernardo Ct. #211 San Diego CA 92127-16�14 INSURERD: I INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDPOLICY E DATE MM/DCTIVE POLICY RATION LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 S 1, 0 0 0, 0 0 0 FIRE DAMAGE (Any one fire) ; S 50,000 A % ' COMMERCIAL GENERAL LIABILITY C17 516 6 5 8 8 I 12 / 31 / 0 0 12 / 31101 MED EXP (Any one person) ! $ 51000 J CLAIMS MADE I X j OCCUR X Owner/Cont Prot. PERSONAL & ADV INJURY ` S 1, 000, 000 GENERAL AGGREGATE $1, 0 0 0, 0 0 0 ! PRODUCTS - COMP/OP AGG ' S 1, 0 0 0 , 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY C X ANY AUTO i BUA1073310420 12/31/00 12/31/01 COMBINED SINGLE LIMIT ' (Eaacddenq $1 0 0 0, 0 0 0 ALL OWNED AUTOS SCHEDULED AUTOS �P ;^•r^r1 :1 • ; i BODILY INJURY (Per pe—) S r BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS cl _ I PROPERTY DAMAGE (Per accident) S ---- - ---.--.---- $ 5 0 0 DED COMP Ab GARAGE LIABILITY•;srTle i AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG ' $ ANY AUTO j EXCESS LIABILITY I EACH OCCURRENCE $5, 0 0 0, 0 0 0 B .X... OCCUR CLAIMS MADE CUP1043807157 12/31/00 j 12/31/01 AGGREGATE a 5, 000, 000 $ ! S DEDUCTIBLE -- i E X RETENTION $10 , 0 0 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I TORY LIMITS, ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE, $ E.L. DISEASE - POLICY LIMIT S OTHER i A Inland Marine C175166588 12/31/00 12/31/01 Equipment I $54,634 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Huntington Beach, its agents, officers, and employees are named as additional insureds in regard to general liability coverage per the attached endorsement. RE: All Operations of the named insured for the City of Huntington Beach GtK 111-IGA I t MULUtK Y I ADDITIONAL INSURED; INSURER LETTER: CITYHB2 CITY OF HUNTINGTON BEACH RISK MANAGEMENT DIVISION ATTN: CHRISTIE MENDOZA 2000 MAIN STREET HUNTINGTON BEACH CA 92648 I:ANL;LLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I ) MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i L ArARn 25_s (71971 Nickie Kea QACORD CORPORATION 19AA Jain 17 01 09: 1 1 a .W oOment Systems, Inc. (10) 451 -6730 M lU LUU105U) 11;4U aU LUcp Of I,UU9rUUp.1 A_C_0-W. CERTIFICATE OF LIABILITY INSURANCE DATEINMIDOJYY) PRODUCER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AEG Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . O. BOX 281900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco, CA 94128-19000 (877) AEG-4424 INSURERS AFFORDING COVERAGE m y NaURA; Vir TWIG Surety Company, Inc. iV Employment Systems, Inc. 04SURO46: Michelle Friery "SURERQ 11590 W. Bernardo Ct. , Ste. # 211 San Diegro, CA 92127 N:UR6RE: nnrJeeir_Ce THE POLICIES OF nWRANCE USTED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED. PAID CLAIMS. . • Mg OF"MMANOi POLIC'T NUMBER .•POWT RI ,RATION LIMITS OUNERALUADL11 Y CACHOCCURAENCfs I FIRF DAMAOE Ww of &41 COMMEnC1AL CENOM LIADM'TT s CLAIM MACC OCCUR MEG to (My am ama) f f • _ PCR+"ONAL A ADV KPJW . M GENFRALAQOH@GATE _ I PRODUCTS - COMPAF AC- GENT. ADORE_M_ TE LIMIT M'PUES PC f POLICY PRD LOG AUTDAWNWE LI1 NLITY COMOINLU :1NGL& LRAR : ANY AUTO IC* rae b1d) 9CNeou" AUTO3 DOOf.T INJURY f s MITHM AUTOS ` I BODILY QLAIRY n0*OWNCD AUTOS y , V e C.L �; _;t k' r=Ley PROPt]tTT DAMAGE fPwwdd@M CARAOE LL"W" AUTO ONLY. EA ACCIMT S _ OTHER THAN EA ACC ANY AUTO I AUTO ONLY: A00 S 0=9SLWfILM EACH OCCYRF rce 9 OCCUR CLAINW MADE AGGREGATE f f I DIMUCTIBLE S RETENTION f I wo O 'FAIN r�YAaLRT "aI x I A w .. EA, . $1 000, 000 A 05-00010501 12/31 /.00 l 32/31 /01 E6 W"Accm[Nr GL OISCASS . FA EWLOYFES1 , 0 0 0 X 0 O 0 f1 0 0 0 000 EL 015EABE • I'OIICY LMR OTHER OESCAWPON OF OPEIIATWw&oCA7TVW5fflEHX1Z9ffl=Ui10NL AM V OY 0i00"OA0 *111CIAL PROYILMONE *10 day notice Of cancellation for non-payment of premium. City of -Huntington Beach Risk Management Division Christi Medonza 2000 Main Street Huntington Beach, CA 92648 9„OOIA ANY OF TM A20VE DMONEEO FoUGL7 Of CANGlLLED eEFcFW THE EriMRATION DATE TNERW. THE ISWMG f"URER *ILLS MAIL 3.0 PATS WMnZN MOM TO THE CERTiVIM-M HOLDER NAMQO TO THE LEFT AUTNOffim a 0715118 246 0 (1 -85 185) NAMED INSURED: ESI/Employment Systems, Inc. POLICY NUMBER: C175166588 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 1185 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, officers, and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work' for that insured by or for you. CG 20 10 1 i ' 85 Copyright, Insurance Services Office, Inc. V. • • RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: APPROVE AGREEMENT WITH EMPLOYMENT SYSTEMS, INC. (ESI) TO LEASE TEMPORARY PERSONNEL TO PROVIDE COMPUTER SERVICES FOR MAINFRAME MAINTENANCE COUNCIL MEETING DATE: i February 5, 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 Attorney) 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 (Unbud et, 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 Applliicalblle�A EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: RCA Author: Dolder 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: February 9, 2001 TO: Employment Systems, Inc. ATTENTION: Michelle C. Friery, Pres. Name 11590 W. Bernardo Court, Suite 211 DEPARTMENT: Street San Diego, CA 92127 REGARDING: Agreement for Staffing City, State, Zip Gartri rac See Attached Action Agenda Item E-8 Date of Approval 2-5-01 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: M. Dolder Fire x x x Name Department RCA Agreement Insurance Other 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) W 0 0 STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH * * * * * * - Indicates Portions of the Meeting Not Included in the Statement of Action Council Chamber, Civic Center Huntington Beach, California Monday, February 5, 2001 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5:10 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer ABSENT: None On motion by Green, second Dettloff, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSTAIN: None ABSENT: None (City Council) Approved a Three -Year Contract Agreement between the City and Employment Systems, Inc. (ESI) to Lease Temporary Personnel to Provide Computer Services for Main Frame Maintenance/Hardware and Internal Data Systems Backup (600.10) — Approved and authorized execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. for computer services to perform mainframe maintenance and system backup services. • The meeting adjourned to Tuesday, February 20, 2001, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: /s/ Connie Brockway City Clerk/Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California /s/ Pam Julien Houchen Mayor I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on February 5, 2001. Witness my hand and seal of the said City of Huntington Beach this 8th day of February 2001. /s/ Connie Brockway _ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 0 • (13) February 5, 2001 Council/Agency Minutes - Page 13 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); and e. Payment of Park and Recreation In -Lieu Fees. Submitted by the Planning Director. Funding Source: Not Applicable (City Council) Approved Settlement Agreement and Release and Uniform Qualified Assignment with Related Documents in Doherty v. City of Huntington Beach, OCSCC No. O0000677 (600.10) — Approved and authorized the Mayor to execute and the City Clerk to attest to the Settlement Agreement and Release, the Uniform Qualified Assignment and related documents in the settlement of the case entitled Doherty v. City of Huntington Beach. Submitted by the City Attorney. Funding Source: Risk Management Budget Litigation Account. (City Council) Approved Standard Agreement between the City and the Franchise Tax Board (for a One -Time Exchange of Information on Business Licenses from January 2001 through December 2002) (600.10) — 1. Approved and authorized the Mayor and City Clerk to execute Standard Agreement C2020090 between the City of Huntington Beach and the Franchise Tax Board; and 2. Directed the City Treasurer and the Fire Chief/ Information Systems Director to provide this information to the Franchise Tax Board. Submitted by the City Treasurer and the Fire Chief/Information Systems Director. Funding Source: None (revenue to the City). (The one time exchange of information is for reimbursement of up to $40,000 from January 15, 2001 to December 31, 2002). (City Council) Approved a Three -Year Contract Agreement between the City and Employment Systems, Inc. (ESI) to Lease Temporary Personnel to Provide Computer Services for Main Frame Maintenance/Hardware and Internal Data Systems Backup (600.10) — Approved and authorized execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. for computer services to perform mainframe maintenance and system backup services. Submitted by the Fire Chief/Information Systems Director. Funding Source: FY 2000/2001 Budget in the Non -departmental Information Systems Business System salary and benefit savings. Total during three-year period not to exceed $277,648. (City Council) Authorized the Expenditure of Existing Funds to Provide Additional Information Systems Staffing Through the Current Contract with Compuware Corporation (600.10) — Authorized the expenditure of existing funds in the amount of $260,000 to provide additional Information Systems staffing through the existing contract with Compuware Corporation until such time as budgeted vacant positions can be recruited, tested, and hired. Submitted by the Fire Chief/Information Systems Director. Funding Source: Information Systems (IS) budget of $586,000 for positions which are currently vacant. These funds are available in Salaries and Benefits and will be transferred to Professional Services for expenditures. No additional funds are needed. (City Council) Approved Second -Term Reappointments to Human Relations Task Force — Kuperberg-Lee-Inouye-Lebow-Provencher-Slutsky-Thomas-Front and Four Remaining, Advertised Vacancies to be Filled Following Council Liaison Review (110.20) — Approved the reappointments of Sid Kuperberg, Kim Phuong Lee, Ken Inouye, Jeff Lebow, Fred Provencher, Billie Slutsky, Charles Thomas, and Reggie Front with terms to expire January 31, 2005. Submitted by the City Administrator and recommended by City Council