HomeMy WebLinkAboutRobert-Half Technology
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CITY OF AUBURN AGREEMENT
FOR TEMPORARY AGENCY SERVICES
. THIS AGREEMENT made and entered into 011 this ~ day of ^JöV(2tv11 he/'
~, by and between the City ?f ¿uburn, a municipal corporation ofllie State Of~';~s:ungton,
hereinafter referred to as ."Clty and _011 'Ç)j r+ bJaJ..Ç ,{' «L-¡ VI ð ~~.
hereinafter referred to as the "Service Provider." I <'J
WITNESSETH;
WHEREAS, the City is engaged in providing various municipal serv,ces to its
community, and is occasionally in need of services of individuals, employees or films on a
temporary basis for such services; and,
WHEREAS, the City desires to retaul the Service Provider to provide temporary
employment services in connection therewith; and,
WHEREAS, the Service' Provider is qualified and able to provide such ser¡Ìi;es, and is
willing and agreeable to provide such services upon tlle terms and conditions herein c Jntained.
NOW, THEREFORE, the parties hereto agree as follows:
l. Scoue of Services.
The Service Provider agrees to perform in a good and professional mann:l¡ the tasks
described on Exhibit "A" attached hereto and incorporated herein by tlús refc :I:nce. (The
tasks described on Exhibit "A" shall be Îl1dividually referred to as a "task," and
collectively referred to as tl1e "services. ") The Service Provider shall ]J,~rfomJ tlle
services as an independent contractor and shall not be deemed, by viltlle of this
Agreement and the performance thereof, to have entered Ì11to any partn"rship, joint
venture, employment or other relationship with the City.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the perforol ~Qce by the
Service Provider of additional services with respect to related work or project¡. Any such
agreement(s) shall be set forth in writing and shall be executed by the respc:;tive parties
prior to the Service Provider's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper cOl1lpletion and
execution of an addendum (agreement for additional services), such addenc.um shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally exec·uted. The
performance of services pursuant to an addendum shall be subject to thJ terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the tenns and conditions of any such addendum shall control. [n all other
respects, any addendum shall supplement and be construed in accordance w.th the terms
and conditions of this Agreement.
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Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the ~ompletion
of such services makes the execution of addendum impractical pri ùr to the
commencement of the Service Provider's performance of the requested ser"ices. The
Service Provider hereby agrees that it shall perform such services upon the ora l request of
an authorized representative of the City pending execution of an addel1dum, at a rate of
compensation to be agreed to in connection therewith. The invoice proced 1re for any
such additional services shall be as described in Section 7 of tlús Agreement.
4.
Service Provider's Renresentations.
The Service Provider hereby represents and warrants that he has all necessiUY licenses
and certifications to perform the services provided for herein, and is qualified to perfoIDl
such services.
5.
City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Service Provider:
a. Designate in writing a person to act as the City's representative with n ,spect to the
services. The City's designee shall have complete authority to transmit
instructions, receive informatiol1, interpret and define the City's policies and
decisions with respectto the services.
b. When app1icable, the City shall provide a work place for temporaf) employees
provided by the Service Provider and maintain the work place in acccrdance with
appljçable health and working standards, and shall notify the Service Provider
immediately of any and all employee injuries and provide reimbursEment to the
General Manager for costs incurred as a result of performing City bll:¡mess such
as mileage, travel expenses and other similar costs at the normal City I a.tes.
6.
Comnensation.
As compensation for the Service Provider's performance of the services ] Irovided for
herein, the City shall pay the Service Provider the fees and costs specified on Exhibit" A"
attached hereto and made a part hereof (or as specified Îl1 an addendum). The Service
Provider shall submit to the City an invoice or statement of time spent on tiuks included
in the scope of work provided herein, and the City shall process the Îl1voice or statement
in the next billmg/clairn cycle following receipt of the invoice or statement, and shaH
remit payment to the Service Provider thereafter in the normal course, subject to any
conditions or provisions in this Agreement or addendum.
7.
Time for Performance and Term of Agreement.
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The Term of this Agreement shall commence on the date hereof or on the __ day
of , 200_, and continue thereafter on an ongoing basis until
terminated.
8. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amClUlts found
upon audit or otherwise to have been improperly invoiced, and all records ar.ct books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
9. Continuation of Performance.
Tn the event that any dispute or conflict arises between the parties while this C jntract is in
effect, the Service Provider agrees that, notwithstanding such dispute or ((mflict, the
Service Provider shall continue to make a good faith effort to cooperate and continue
work toward successful completion of assigned duties and responsibilities.
1 O. AdmUústration of Al!Ieement.
This Agreement shall be administered by ~ m behalf of
the Service Provider, and by the Mayor of the City, or designee, on behalf cf the City.
Any written notices required by the terms of this Agreement shall be served ('11 or mailed
to the following addresses:
City of Auburn
Auburn City Hall
25 West Main
Auburn, WA 98001-4998
(253) 931-3000
FAX (253) 931-3053
Service Provider
Robert-Half Technology
601 Union Suite 4300
Seattle, W A 98101
206-749-9260
206-749-9373 (fax)
11. Notices.
All notices or communicatioDS permitted or required to be given under thi! Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in tl1e United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement m the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stLting Iris, her
or its new address, to any other party, all pursuant to the procedure set [¡Jrth in this
section ofthe Agreement.
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12. Insurance.
The Service Provider shall be responsible for maintaÎl1Ì11g, during the te 1n of this
Agreement and at its sole cost and expense, the types of insurance coverages and in the
amounts described below. The Service Provider shall furnish evidence, satisfactory to
the City, of all such policies. During the term hereof, the Service Provider sh III take out
and maintain in full force and effect the following insurance policies:
a. Comprehensive public liability insurance, including automobile and propelty damage,
insuring the City and the Service Provider against loss or liability for d lmages for
personal injury, death or property damage arising out of or in cOlmec:Üon with the
performance by tile Service Provider of its obligations hereunder, wid, minÌ111=
liability limits of $1,000,000.00 combined single limit for personal injUJY, death or
property damage in anyone occurrence.
b. Such workmen's compensation and other similar insurance as may be :'equired by
law.
c. Professional liability insurance with minimum liability limits of $1,000,(0).
13. Indemnification.
The Service Provider shall indemnifY and hold harmless the City and its offi;ers, agents
and employees, or . any of them from any and all claims, actions, suits, lÜ.bility, loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or aJ 'Ìsing out of
the negligent act or omission of the Service Provider, its officers, agents, employees, or
any of them relating to or arising out of the performance of this Agreemen. If a final
judgment is rendered against the City, its officers, agents, employees and/or wy of them,
or jointly against the City and tl1e Service Provider and their respective officers, agents
and employees, or any of tl1em, the Service Provider shall satisfy the same tò tile extent
that such judgment was due to tl1e Service Provider's negligent acts or omissi(,ns.
]4. AssÎlmment.
Neither party to this Agreement shal] assign any right or obligation hereunder ¡,n whole or
in part, without the prior written consent of tlle other party hereto. No as¡ígnment or
transfer of any interest under this Agreement shall be deemed to release tl1e a!.s:ignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
15_ Amendment. Modification or Waiver.
No amendment, modification or waiver of any condition, provlSlon or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's at parties' du1y authorized represenlative(s) and
specirying with particu1arity the nature and extent of such amendment, mo jification or
waiver. Any waiver by any party of any defau1t of the other party shall 110t effect or
impair any right arising from any subsequent default.
Nothing herein shaIllimit tl1e remedies or rights of tlle parties hereto under: md pursuant
to this Agreement.
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16. Termination and Suspension.
The Service Provider may terminate this Agreement upon not less than 60 d,rys written
notice to the City. The City shaI1 have the right to terminate this agreement at ,my time.
If tlús Agreement is ternJÎnated through no fauit of the Service Provider, 1be Service
Provider shall be compensated for services performed prior to termination in ~ccordance
with the rate of compensation provided in Exhibit "A" hereof.
17. Parties in Interest.
Tins Agreement shall be binding upon, and fue benefits and obligations p .'ovided for
herein shall inure to and bÎl1d, the parties hereto and their respective sucœssors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by fuis Agreement This Agreement is for tÌ e: exclusive
benefit of the parties hereto and it does not create a contractual relationship v rith or exist
for the benefit of any third party, including contractors, sub-contractors and th::lr sureties.
18. Costs to Prevailing Partv.
In the event of such litigation or otller legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
19. ApDlicable Law.
This Agreement and the rights of the parties hereunder shall be gover oed by the
interpreted in accordance with the laws· of the State of Washington and veaue for any
action hereunder shall be in of the county Îl1 W ashingtonState in which the property or
project is located, and if not site specific, then m King County, WashmgtOJl: provided,
however, that it is agreed and understood that any applicable statute of lim itation shan
commence no later than the substantial completion by the Service Pro, ider of the
services.
20. Captions. Headine:s and Titles.
All captions, headÎl1gs or titles in the paragraphs or sections of this Ag mement are
inserted for convenience of reference only and shall not constitute a )art of this
Agreement or act as a limitation of ilie scope of the particular paragraph 0: sections to
which they apply. As used herein, where appropriate, the singular shall inclu:le the plural
and vice versa and masculÎl1e, feminine and neuter expressions shall be inte'(:hangeabk
Interpretation or construction of this Agrecment shall not be affec1ed by any
determination as to who is the drafter of this Agreement, this Agreement bavmg been
drafted by mutual agreement of the parties.
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21. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provisiú n hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shal. not atfect
the validity of the remaÎl1der oftlús Agreement.
22. Entire Al!I'eement.
This Agreement contains the entire understanding of the parties hereto in reo pect to the
transactions contemplated hereby and supersedes all prior agreements and und~rstandings
between the parties with respect to such subject matter.
23. Countemarts.
This Agreement may be executed in multiple counterparts, each of which s hall be one
and the same Agreement and shall become effective when one or more counÜ'lparts have
been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused tlús Agreement tOJe executed
effective the day and year first set forth above.
a~\,_
Peter B. Lewis. Mayor
SERVICE PROVIDER
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Nanle:' - ~'W
Title: .1a~1"'
Attest:
~_Dn~&----
D . e Daskam City Clerk
Name:
Title:
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EXHIBIT "A"
SCOPE OF WORK
l. The Service provider will locate and employ technical persoilllel (hereafter re f:rred to as
"personnel") as its employees to work under the direction, control and superv: sion of the
City at various City job sites. The Service Provider and the City agree that th: persormeJ
axe the Service Provider's employees, and that the Service Provider shall be -esponsible
for payment of wages and all taxes associated with the employer/employee: nÜationship,
including, but not limited to federal income tax withholding, FICA, un~mployment
compensation taxes and industrial insurance premiums.
2_ The City shall pay the Ser¡ice Provideron an hOllfly basis for the services Oftlle Service
Providers' persormel, as set in the attached fee schedule.
~ The fees shall include overtime, if any, at a tÌ111e and one-halfrate for all hoUt; worked in
excess of fort)' (40) hours in anyone week. The .Service Provider shall submi; to the City
invoices for the services provided Îl1 connection herewitlt, which tlte City sl1::il1 process
for payment in the normal course.
No billing shall be issued for time lost by our employees because of illness or any other
personal reason.
4. Finders Fee.
If the City chooses 'to hire the personnel from the Service Provider as a "¡'gular City
employee, the City agrees to pay tlle Service Provider the percentage of the starting
annual salary based upon the length of the assignment with the City as repres( nted below;
o - 3 months
3 - 6 months
6 - 12 months
after 12 months
20.0%
15.0%
10.0%
0.0%
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Temporary Help Desk
Scope of Work
Performs PC and network troubleshooting and support; installs and con ~igures
software and works with end users to resolve issues (typically more ad,'anced
end-user problems). Requires knowledge of a variety of operating systens and
end-user applications software and Windows 2000 skills. Average call times
vary from 5 to 15 minutes; usually resolving more complex problems.
The temporary employee reports to Robert-Half Technology and is on
assignment with the City of Auburn. While on assignment with the Cty, the
temporary employee will receive direction from the IS department.
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