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C~TY OF SAN BERN~DINO - REQUEST .R COUNCIL ACTION
From:
Barhara Dillon
Director of Personnel
Personnel
Subject: Execution of a Fi rst Amendment to an
Agreement with Payroll Tax Control
Corporation to extend the term of the
f,greement
Dept:
Date: February 5, 1992
Synopsis of Previous Council action:
The Mayor and Common Council approved an Agreement on February 17, 1989,
incorporated in Resolution 89-21, relating to administration of the City's
unemployment compensation claims.
Recommended motion:
Adopt Resolution.
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S ignatu re
Contact person:
Barbara Dillon
Phone:
384-5161
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$2.2!l0/vear
Source: (Acct. No.)
001-091-53030
(Acct. DescriPtion)
Special Projects
Finance: CLl--J)j r .
~
Council Notes:
75-0262
Agenda Item No
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CITY OF SAN BERNetDINO - REQUEST teA COUNCIL ACTION
STAFF REPORT
On February 17, 1989, the Mayor and Common Council approved an
Agreement with Payroll Tax Control corporation relating to
administration of the City's unemployment compensation claims.
The Payroll Tax Control Corporation (PTCC) is maintaining its
current rate of $1.90 per employee. The cost of $2,280jyear is
based on using 1,200 employees as an average.
The Resolution would extend the term of the Agreement retroac-
tively to February 1, 1990, and terminating January 31, 1993.
All other terms and conditions of the Agreement will remain in
effect.
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH PAYROLL TAX
3 CONTROL CORPORATION TO EXTEND THE TERM OF THE AGREEMENT.
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WHEREAS, The City has entered into an Agreement with Payroll
Tax Control Corporation Services for Unemployment Insurance
services, a copy of which is attached hereto and incorporated
herein, marked Exhibit "A,"
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a First Amendment to the Agreement with the Payroll Tax Control
Corporation for unemployment compensation claims administration
and cost control services, extending the term through January 31,
1993.
A copy of said Amendment is attached hereto and
incorporated herein, marked Exhibit "B."
SECTION 2.
The authorization to execute the above-
referenced Amendment to Agreement is rescinded if the parties to
the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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DCR/ses/payroll.res
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February 4. 1992
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH PAYROLL TAX
CONTROL CORPORATION TO EXTEND THE TERM OF THE AGREEMENT.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
day of
8 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
9 ESTRADA
10 REILLY
11 HERNANDEZ
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
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City Clerk
The foregoing resolution is hereby approved this
of , 1992.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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FIRST AMENDMENT TO AGREEMENT
(Unemployment Insurance)
This FIRST AMENDMENT TO AGREEMENT is made and entered into
by and between the CITY OF SAN BERNARDINO, a municipal
corporation, hereinafter called "CITY," and PAYROLL TAX CONTROL
CORPORATION, hereinafter called "ADMINISTRATOR."
CITY and ADMINISTRATOR agree as follows:
1. Recitals.
A. CITY and ADMINISTRATOR entered into an Agreement on
February 6, 1989, incorporated in Resolution No. 89-21, relating
to administration of CITY's unemployment compensation claims.
B. The parties now desire to amend the Agreement to extend
its term.
2. Term.
The term of the Agreement is extended retroactively
commencing February 1, 1990, and terminating January 31, 1993.
3. All other terms, conditions and covenants of the Agreement
shall remain the same and be in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment
, 1992.
to Agreement on the
day of
PAYROLL TAX CONTROL CORP.
CITY OF SAN BERNARDINO
W. R.. Holcomb, Mayor
Approved as to form
and legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Krasney, City Clerk
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BY: VLf'lf'v~ 7.
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DCR/ses/Payroll.agr
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February 4. 1992
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A G R E E MEN T
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3 THIS AGREEMENT is made and entered into effective February
4 1, 1989, by and between the CITY OF SAN BERNARDINO, a municipal
5 corporation, referred to as "City", and Payroll Tax Corporation
6 referred to as "Administrator".
(Unemployment Insurance)
7 The parties agree as follows:
8 1. Recitals.
9 A. City pays unemployment compensation taxes pursuant to
10 Unemployment Compensation Amendments of 1976, Public Law 94-566.
11 B. Administrator represents to City that it is qualified
12 to administer and advise City with respect to City's unemployment
13 insurance program.
14 2. Services to be Provided bv Administrator.
15 Administrator shall be City's agent to deal with matters
16 affecting the City's state unemployment tax rate(s) for the
17 following Account Number(s):
18 and shall:
19 A. Develop and install a system for the orderly
20 preparation and transmittal of employee separation records.
21 B. Under the supervision of the City Attorney, provide
22 training for City's supervisors in proper procedures of
23 discipline so that City can maximize its ability to defend claims
24 before California Employment Development Department.
25 C. Under the supervision of the City Attorney, receive and
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act on claims for unemployment insurance benefits when action is
27 proper pursuant to the California Unemployment Insurance Code
28 and the Employment Development Department's regulations.
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EXHIBIT "A"
DCR:mw
1/3/89
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1 D. Under the supervision of the City Attorney, act as
2 authorized representative of City at hearings before
3 Administrative Law Judges involving claimant and/or City appeals.
4 City hereby promises to cooperate with the Administrator in all
5 respects required to allow the Administrator to represent City
6 before the Employment Development Department.
7 E. Under the supervision of the City Attorney, and if
8 proper, petition the California Unemployment Insurance Appeals
9 Board to review unfavorable decisions received from a hearing.
10 The Administrator shall present arguments to the Unemployment
11 Insurance Appeals Board and represent City until the final
12 decision of the California Unemployment Insurance Appeals Board.
13 F. Maintain a current analysis of the status of City's
14 unemployment insurance account.
15 G. Under the supervision of the City Attorney advise and
16 counsel City on matters relating to unemployment insurance.
17 H. Advise and counsel City on personnel practices and
18 policies as they affect claims for unemployment insurance,
19 excluding advice on legality of such practices and policies.
20 I. Provide City with periodic newsletters to keep City
21 informed of matters pertaining to unemployment insurance
22 administration.
23 3. Administrator may refer general employment law
24 questions from City Attorney only to a labor attorney who
25 consults with Administrator. Such questions shall be of a
26 general nature and responses shall not be interpreted as being
27 legal advice. City Attorney only must first contact
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1/3/89
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1 Administrator directly concerning such questions. Administrator
2 and the labor attorney do not provide legal advice to City.
3 Administrator's representation of City before the Employment
4 Development Department is limited to issues concerning the
5 eligibility for unemployment insurance benefits. Specifically,
6 neither Administrator nor the labor attorney is providing a
7 service for legal advice concerning employment discrimination,
8 wrongful discharge or any other issues involving the employer-
9 employee relationship other than unemployment insurance benefits.
10 4. Services to be Performed bv Citv. City will forward to
11 the Administrator or otherwise make available to the
12 Administrator immediately upon receipt, all claims, notices,
13 forms, reports, and other communications from the State
14 Employment Development Department and photocopies of DE3,
15 Quarterly Contribution Reports.
16 5. Administrator's Fee. City shall pay Administrator for
17 its service an annual fee computed on the basis of the number of
18 full-time equivalent employees as of February 1 of each year at
19 the rate of $1.90 per full-time employee. Payment shall be made
20 in equal quarterly installments with the first installment to be
21 made on or before March 31, 1989. The annual fee shall be
22 adjusted each year based on the number of full-time equivalent
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employees on December 31 of the preceding year.
6. Term. This agreement shall be for a term of one year
25 commencing on February 1, 1989, and continuing through ~~~:~~:;If
19'(~7
26 31, 198~, but may be cancelled at the end of any calendar quarter
27 upon thirty (30) days notice.
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Such cancellation, by either
party, must be by written notice.
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1/3/89
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1 7. Accountinq Records. Administrator shall maintain
2 records of all expenditures made pertaining to its services under
3 this agreement. Said records shall be maintained in accordance
4 with generally accepted accounting principles and shall be
5 available to City for its audit at all reasonable times and
6 places.
7 8. Expenses. Administrator shall bear all expenses it
8 incurs in performance of its duties hereunder and hold City free
9 and harmless for all and any liability therefor.
10 9. Independent Contracts. For all intents and purposes
11 Administrator shall be considered as an independent contractor
12 and shall not be considered as as employee of City.
13 10. Notices. All notices herein required shall be in
14 writing and delivered in person or sent by certified mail,
15 postage prepaid, addressed as follows:
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Director of Personnel
City of San Bernardino
300 North "0" Street
San Bernardino, CA. 92418
Payroll Tax Control Corporation
10801 National Boulevard Ste 202
Los Angeles, CA. 90064
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20 Administrator is of the essence of this agreement.
11.
Assiqnabilitv.
The experience, skill and expertise of
Administrator
21 shall not assign (whether by assignment or novation) this
22 agreement or delegate its duties hereunder in whole or in part or
23 any right or interest hereunder without the prior written consent
24 of City. Any assignment or attempt to assign this agreement
25 without such prior written consent or by operation of law shall
26 constitute cause for immediate termination by City.
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1 12. Entire Aareement. This Agreement constitutes the full
2 and complete understanding of the parties, and there have been no
3 oral promises or representation not contained herein.
4 IN WITNESS WHEREOF,
5 agreement on the (;'cA-
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8 ATTEST:
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City Clerk
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13 Approved as to form
and legal content:
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JAMES F. PENMAN
15 City Attorney
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17 By ':;1 /191~,
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DCR:mw
1/3/89
the parties hereto have executed this
day of \",;;1hldJ.,L--
,f
CITY OF SAN BERNARDINO
, 1989.
By
( - ,/'l /)
/ II, 1/'
~L41d JeA-''/
Mayo r
PAYROLL TAX CONTROL CORPORATION
By
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. .'t'.1~-" 'J'.~ ;','
~. ..." ... ' ,
William A.
7c:.' ", -
Flayer
Title President
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RESOLUTION NO. 89-21
4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH PAYROLL TAX CONTROL CORPORA-
5 TION FOR UNEMPLOYMENT COMPENSATION CLAIMS ADMINISTRATION AND
COST CONTROL SERVICES EFFECTIVE FEBRUARY 1, 1989.
SECTION 1.The Director of Personnel is hereby authoriz
compensation claims administration and cost control servicesJ
which agreement is attached hereto marked Exhibit nAn, and
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incorporated herein by reference as fully as though set forth
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at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
reaular
meeting thereof, held on the
of
Januarv
, 1989, by the following vote to
17th
wit:
AYES:
Councilmembers Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam
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NAYS:
None
Council Member Miller
ABSENT:
~t!//d'1. Wd';V/
.. City Clerk
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28 (Continued)
page
01/12/89
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
2 PAYROLL TAX CONTROL CORPORATION FOR UNEMPLOYMENT COMPENSA-
TION CLAIMS ADMINISTRATION AND COST CONTROL SERVICES EFFEC-
3 TIVE FEBRUARY 1, 1989.
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IThe foregoing resolution is hereby approved this
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l~JJ~te,/
EVLYN W COX 7-
City of San Bernardino
IAPproved as to form and legal content:
day of
January
~~)
i Attor y
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