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HomeMy WebLinkAbout3160 RESOLUTION NO. 3 16 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, · WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TECHNICAL SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND H.L. YOH COMPANY TO PROCURE TEMPORARY STAFF FROM JANUARY 1, 2000 TO DECEMBER 31, 2000. WHEREAS, the City of Auburn currently has in effect an agreement with H.L. YOH COMPANY, for procuring temporary employees; and WHEREAS, the Engineering Division has prepared a work load forecast for 2000; and WHEREAS, the current work load for Engineering Division cannot be accomplished with authorized City staff; and WHEREAS, the work load is project related and is expected to fluctuate · during this budget year; and WHEREAS, the City has need to continue the use of temporary personnel to meet current and projected work loads. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Technical Services Agreement between the City of Auburn and H. L. YOH COMPANY, to procure temporary staff from January 1, 2000 to Resolution No. 3160 January 18, 2000 Page I December 31, 2000. A copy of said Agreement is attached hereto and denominated Exhibit "A" and incorporated herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 18th day of January, 2000. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3160 January 18, 2000 Page 2 H. L. YOH COMPANY, LLC Standard Contractual Terms and Conditions Listed below are the H.L. YOH COMPANY, LLC'S Standard Terms & Conditions. They shall be considered a part of any agreement entered with the client. These Terms and Conditions are usually acceptable to our clients. However, in some instances corporate policies may conflict. If this occurs, YOH will be glad to discuss any questionable item with the client to arrive at an equitable agreement. 1. It is understood. and agreed that assigned employees will be offered the client's standard work week (number of hours) to perform their duties. 2. Should there be any overtime, we will invoice you at the overtime rate for all hours worked in excess of forty (40) hours in any one week. (For all non-exempt employees) 3. Any travel related expenses incurred by an assigned employee traveling at the client's request, will be billed at cost. 4. YOH provides the required insurance coverage of our employees while working on your premises. When requested, a Certificate of Insurance will be submitted to you indicating the full extent of our coverage. 5. The overhead, profit, and labor rate factors that compdse that proposed houdy billing rates (other than item 3 above) cover the entire cost of YOH'S services to you, including expense of maintaining proper payroll and accounting records, workers compensation insurance, federal and state unemployment insurance all statutory taxes, and any other overhead expense incurred by the Company. 6. No billing shall be issued for time lost by our employees because of illness or any other personal reason. 7. All reproductions and materials other than those quoted, necessary to complete all tasks will be billed at cost. 8. All invoices are due upon receipt of the date of the invoice (unless contract or purchase order states otherwise). Invoices over 30 days will incur .8 of 1% per month interest charge. In the event that the client defaults in it's obligation to pay the YOH COMPANY's invoices, the client agrees to pay all reasonable attorney and/or collection fees in obtaining payment of debt. 9. In furtherance of the particular requirements of the client, it is acknowledged and agreed by the parties that any and all personnel assigned to the client by H. L. YOH COMPANY, LLC are subject to the direct control and supervision of the client. H.L. YOH COMPANY, LLC'S obligations thereunder relate solely to the assignment of personnel and the payments provided for herein are based solely on the value thereof. H. L. YOH COMPANY, LLC shall have no responsibility of liability for and acts or omissions committed by the personnel in the performance of their assignment for the client or for their work product. The client shall indemnify, defend and hold H. L. YOH COMPANY, LLC harmless against any claims, losses, liabilities, or damages (and reasonable expenses related thereto, including reasonable attomey's fees and expenses of defense, and 130 Andover Park East #304 - Seattle, WA 98188 - (206)241-0549/(206)241-8755 Exhibit "A", Resolution 3160 investigation) adsing from or in connection with any acts or omissions or alleged acts or alleged omissions of the work product of the personnel assigned thereunder. 10. If CLIENT wants contractor to go direct, a fee based on the annual salary of said contractor will be assessed at 20% of annual salary. 11. The YOH COMPANY'S responsibility under any agreement to provide services is to exert the best effort possible to carry out the task scope as defined. In doing so, the YOH COMPANY shall in all respects be guided by such instructions as may from time to time, be given by the client. All work performed is subject to the clients direction and responsibility. 12. YOH currently has an Affirmative Action Program in the corporation and YOH will comply with all of the Rules and Regulations of the President's Committee on Equal Employment Opportunity. 13. If, subsequent to execution of this contract, and legislation enacted by a government entity increases the taxes or costs imposed on H. L. YOH COMPANY, LLC in the performance of the contract, client agrees to be responsible for such increase. 14. Any H. L. Yoh employee can be terminated by the client at any time. 15. This agreement shall run from January 1, 2000 to December 31, 2000. 16. H. L. YOH COMPANY, LLC agrees to pay all cost associated with personnel including but not limited to L & I, unemployment, social security, federal withholding and shall indemnify and hold harmless client, City of Auburn and it's offidals, employees and agents from any costs including the above named in addition to the houdy rates set forth in Attachment A including client attorney fees and costs. We agree to the Terms and Conditions set forth in the H. L. YOH COMPANY, LLC Contractual Terms and Conditions. DATED THIS / ~/'~"/ DAY OF JANUARY 2000. CUSTOMER TITLE: Charles A. Booth, Mayor of Auburn ATTEST: City Attorney 130 Andover Park East #304 - Seattle, WA 98188 - (206)241-0549/(206)241-8755 ,, _ L~? ~- _ ISO 9002 Reg4slered H.L. YOH COMPANY LLO Attachment A This attachment covers a range of rates for some of the job descriptions H. L. Yoh Company, LLC has recruited for at the City of Auburn Public Works Department. This is not all inclusive of the type of people and job descriptions we can provide for. Inspectors- Civil, Building, Environmental, Construction, etc. Rates: $25 - $60 per hour. Engineers - Civil, Structural, Mechanical, Electrical, Construction, Environmental, etc. Rates: $33 - $80 per hour. Engineering Aides -All disciplines. Rates: $15 - $40 per hour. Right of Way Negotiators Rates: $40 - $70 per hour, plus expenses. Cad Technician - AutoCAD, Microstation, Arclnfo, and other systems. Rates: $23 - $50 per hour. Technical Writer - All disciplines. Rates: $25 - $60 per hour. Computer Professionals - Rates will vary according to applications, software, hardware, etc. Please call with specifics for a rate quote. Cledcal / Administrative Staff Rates: $13.50 o $40 per hour. Please note that this rate sheet covers our normal range of rates for straight time hours. For special licensing or requirements, rates may vary. 130 ANDOVER PARK EAST, STE. 304, SEATTLE, WA 98188 · (206) 241-0549 · FAX (206) 241-8755 ° email yoh@seanet.corn EXECUTIVE OFFICES: 1818 MARKET STREET, PHILADELPHIA, PA 19103-3672