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RESOLUTION NO.3 2 9 6
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 TECH STAFF, INC. TO PROCURE TEMPORARY DESIGN
AND CONSTRUCTION-INSPECTION STAFF FROM JANUARY 1, 2001 TO
DECEMBER 31,2001.
WHEREAS, the City of Auburn currently has in effect an agreement with
Tech staff, Inc. 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
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Resolution No. 3296
December 6, 2000
Page 1
Auburn and TECHSTAFF, INC., to procure temporary design and construction-
inspection staff from January 1, 2001 to December 31, 2001. 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
I g~ day of December 2000.
.
CITY OF AUBURN
~.l~5L~~) ~~. ~çt+º
CHARLES A. BOOTH
MAYOR
ATTEST:
,
AI d,tLlÚ L!'i~_£ui{r¡( ,/
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~lJ:,{ Qv\
. Michael J. Reynolds,
City Attorney
-------------------
Resolution No. 3296
December 6, 2000
Page 2
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TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT is made this Jt;ay of k, 2000 between TECHST AFF, INC,
(hereafter referred to as TECHSTAFF), and THE CITY OF AUBURN (hereafter referred to as
Customer).
1. Scope of Services.
TECHSTAFF will locate and employ technical personnel (hereafter referred to as
"personnel") as its employees to work under the direction, control and supervision of Customer
at Customer's job sites. TECHSTAFF and Customer agree that the personnel are TECHSTAFF's
employees, and that TECHSTAFF shall be responsible for payment of wages and all taxes
associated with the employer/employee relationship, including, but not limited to, federal
income tax withholding, FICA, unemployment compensation taxes, and industrial insurance
premiums.
2. Assignment and Replacement of TECH STAFF Personnel.
(a) Upon Customer's request, TECHSTAFF shall arrange for the proposed
personnel to meet with supervisory employees of Customer for a skills interview, review of the
proposed personnel qualifications, and a discussion of the scope of the projected assignment,
(b) Customer shall be solely responsible for determining the suitability and
qualifications of all personnel presented to Customer by TECHSTAFF.
(c) If, after the TECHST AFF personnel have commenced working for
Customer, Customer determines that such personnel are unsatisfactory, Customer shall notify
TECHST AFF and TECHST AFF shall use its best reasonable efforts to replace the rejected
personnel in a timely fashion with a more suitably skilled personnel.
(d) If any ofthe TECHSTAFF personnel fail to report to Customer's place of
business for reasons beyond TECHSTAFF's control, such as, but not limited to, illness, labor
dispute, natural disaster or acts of any governmental authority, TECHSTAFF agrees that it will
use its best reasonable efforts to replace the absent personnel in a timely manner with another
suitably skilled person,
Resolution 3296
Exhibit A
TECHSTAFF, INC.
TSA·ll195
1
(e) If Customer finds that, within four (4) hours after TECHST AFF personnel
begins assignment, performance is unsatisfactory and so notifies TECH STAFF, TECHSTAFF
will not charge Customer for rejected personnel.
3. Direction and Supervision of TECH STAFF Personnel.
(a) Customer shall be solely responsible for (i) assignment of all tasks to be
performed by TECHST AFF personnel; (ii) providing necessary guidance in the performance of
their work; and (iii) checking, approving or certifying TECHSTAFF personnel's work products.
(b) Customer shall provide the TECHST AFF personnel with a safe and
appropriate work place and shall comply with all applicable laws, ordinances, regulations, orders
of governmental bodies or agencies, or contractual covenants between Customer and third
parties that regulate Customer's discharge of this duty, Without limitation of the foregoing,
Customer represents that TECHSTAFF personnel will not be exposed to any hazardous
chemicals (as defined by the OSHA Hazard Communication Standard or any applicable
state/1ocal "right to know" law) under normal operating conditions for any foreseeable
emergencies at Customer's premises, Customer agrees that should any risk of exposure arise in
the future, Customer shall give TECHST AFF immediate written notice so that Customer and
TECHSTAFF may take appropriate precautions required by the OSHA Hazard Communication
Standard or other applicable state/local "right to know" law. In this regard, Customer shall:
(i) Provide Right to Know training to TECHST AFF personnel;
(ii) Ensure that all of TECH STAFF personnel are aware of the
"Hazard Communication Standards";
(iii) Be aware of contents of Material Safety Data Sheets (MSDS) of
chemicals reasonably expected to be encountered in the work place;
(iv) Make MSDS's readily available to TECHSTAFF personnel;
(v) Take necessary precautionary steps identified in the MSDS's to
protect TECHSTAFF personnel with respect to chemicals encountered in the work place; and
(vi) Supply TECHSTAFF with copies ofMSDS's for chemicals it
proposes to furnish for use by TECHSTAFF personnel.
(c) TECHSTAFF and Customer expressly agree that TECHSTAFF is not a
consultant and does not warrant the performance of any TECHST AFF personnel supplied to
Customer. TECHST AFF does not licensed to hold itself out to render any professional services
which require licensing rrom any regulatory agency. TECHSTAFF does not insure for
professional negligence or carry errors and omissions insurance, If Customer's business is such
TECHSTAFF, INC.
TSA- 11/95
2
that such insurance is required or desired, it shall be Customer's sole responsibility to procure
and pay for same. Customer agrees to waive any claims it may have against TECHST AFF
which result rrom the services performed by TECHSTAFF personnel. Customer also agrees to
indemnify, defend and hold TECHSTAFF harmless rrom claims, loses, or liabilities (including
reasonable attorneys' fees and expenses oflitigation) which arise rrom the services which are
performed for Customer by TECHST AFF personnel.
4. ProprietarY Information.
TECHSTAFF informs its personnel that private or proprietary information of its
customers may become available to them, TECHSTAFF instructs its personnel to maintain such
proprietary information in strict confidence. Proprietary information does not include, however,
the following:
(a) Information which, at the time of disclosure, is generally available to the
public;
(b) Information which, at the time of disclosure, becomes generally available
to the public by publication or otherwise;
( c) Information which was in the personnel's possession prior to disclosure
hereunder and which was not acquired directly or indirectly rrom Customer;
(d) Information which TECHSTAFF of its personnel acquired after the time
of disclosure hereunder rrom a third party imposing no obligation of confidentiality and who did
not acquire any such information directly or indirectly rrom Customer; or
(e) Information as may be authorized by Customer to be disclosed.
5. ComDensation.
(a) Customer shall pay TECHSTAFF on an hourly basis for the services of
TECHSTAFF personnel, as is set out in the attached schedule. The charges shall be based upon
Customer-approved TECHSTAFF time slips for each of the personnel assigned to Customer.
(b) Thè actual charge for the services of a particular individual shall be based
upon the level of skill required by Customer for the position being filled, and the available
supply of personnel having the requisite level of skill, TECHSTAFF shall set the actual hourly
rate for each individual at the time of dispatch of personnel to Customer's job site and shall
notify Customer of the applicable hourly rate or rates,
TECHSTAFF, INC.
TSA- 11/95
3
(c) The overtime hourly rate for TECHSTAFF personnel shall increase to one
and one-halftimes the applicable hourly rate for all labor performed by an individual in excess
offorty (40) hours in any given Monday through Sunday period, If any TECHST AFF personnel
are required by Customer to work on a legal holiday, Customer agrees to pay TECHST AFF for
the services of the individuals at the rate of one and one-half times the aforementioned hourly
rate,
6, Invoicing,
(a) TECHSTAFF shall bill Customer for the current charges based upon time
slips for each Techstaffemployee assigned to the Customer, and invoices will be submitted to
Customer on a weekly basis, The invoices shall be due and payable immediately upon receipt.
(b) Any invoices not paid within t...c'lty-c,ll(' (21) thirty (30) days of the ....¡!)J
invoice date shall be considered to be past due and TECHSTAFF shall be entitled to receive a <U~
service charge equal to the Seafirst Bank prime rate plus two percent (2%) of the unpaid balance,
in addition to any other sums due and owing, The applicable Seafirst Bank prime rate shall be
that rate which is in effect on the date of the invoice.
7. Term and Termination,
This Agreement shall run rrom Januarv 1. 2001 until December 31. 2001 .
8, Collection.
In the event that either party is required to retain the services of an attorney to
enforce this Agreement or to collect any unpaid invoice, the losing party agrees to pay, in
addition to any other sums owing, the reasonable costs of collection or suit and a sum for
reasonable attorney fees at the pretrial, trial or appellate level. The parties agree that the venue
of any litigation arising out of this contract shall be in the King County Superior Court and
Customer hereby waives any objections to venue or personal jurisdiction of said Court. This
Agreement shall in all respects be construed in accordance with the laws of the State of
Washington.
9. Solicitation of Personnel
Customer covenants and agrees not to recruit or hire, either directly or indirectly,
any TECHST AFF personnel on assignment to Customer or other individuals referred by
TECHST AFF so long as this Agreement shall be in effect and for a period of six (6) months
thereafter; provided, however, that notwithstanding the foregoing, Customer shall be permitted
to hire directly and TECHSTAFF personnel who have been continuously on assignment to
Customer for a minimum period of six (6) months without being deemed in default or violation
of this paragraph except as follows: for project Engineer positions only, customer covenants and
TEŒSTAFF, INC.
TSA-l1/95
Þf4'(iJ «.\~ß
agrees not to recruit or hire, either directly or indirectly, any TECHST AFF personnel on
assignment to Customer or other individuals referred by TECHSTAFF for a period of ninety (90)
calendar days thereafter; provided, however, notwithstanding the foregoing, Customer shall be
permitted to hire directly any TECHST AFF personnel who have been continuously on
assignment to Customer for a minimum period of ninety (90) calendar days without being
deemed in default or violation of this paragraph. In the event Customer otherwise violates the
terms of this paragraph, TECHSTAFF shall have the following remedies:
(a) To enforce the same by such temporary restraining orders, temporary or
permanent injunctions, or other equitable orders as may be required for such purposes,
Customer acknowledges that Customer's violation of the terms of this paragraph will result in
immediate and irreparable harm to TECHSTAFF, for which damages may be an inadequate
remedy. Notwithstanding the foregoing, TECHST AFF's right to pursue such equitable relief
shall be in addition to and not in lieu of any right to recover damages in cash amount as
TECHSTAFF may prove in accordance with applicable law;
(b) In the case of TECH STAFF personnel actually hired by Customer in
violation of this provision, TECHSTAFF may elect to be paid as a recruiter of such personnel, in
which event Customer shall make immediate payment to TECHST AFF based upon the
following fee schedule:
(i)
Non-degreed support staff:
$2,000.00
(ii) Degreed support staff, architects, or computer information
specialists, fees based on the employee's annual gross earnings at the time employment
commences, as follows:
To
$20,000 -
$21,000 -
$22,000 -
$23,000 -
$24,000 -
$25,000 -
$26,000 -
$27,000 -
$28,000 -
$29,000 -
$30,000 -
$ 19,999
20,999
21,999
22,999
23,999
24,999
25,999
26,999
27,999
28,999
29,999
Above
15%
20%
21%
22%
23%
24%
25%
26%
27%
28%
29%
30%
Customer acknowledges that the above fee schedule represents the agreed value of services
rendered by TECHSTAFF in locating, screening, checking the references for and otherwise
determining the qualifications of TECH STAFF personnel, and that such fees are not to be
TECHSTAFF, JNC.
TSA· 11/95
5
construed as a penalty; or
(c) To recover such damages as may be provable under applicable law.
9. TECHSTAFF, Inc. agrees to pay all costs 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, its officials, employees and agents rrom any
costs including the above named in addition to the hourly rates set forth in Attachment A
including client attorney fees and costs.
10. Entire Agreement.
This Agreement is th¢ entire agreement between the parties, and shall not be
modified except by written agreement signed by the parties. This Agreement inures to the
benefit of and binds the parties and their successors, assigns, or other legal representatives,
DATED this ¡(!Y' daYOf~OOO.
TECHSTAFF:
TECHSTAFF, INC.('
By/Ai, \ i~¿'!;;')
//
Its Presider!t
CUSTOMER:
THE C, ITY OF A' UBURN~,
(,. ,'") I
By ~J~J~- {~. I~oc_
Charles A. Booth, Mayor
Michael . Reynolds,
City Attorney
TECHSTAFF, INC.
TSA- 11195
6
TECHSTAFF, INC.
CITY OF AUBURN
2001 SERVICE RATES
We employ our people directly, absorb all recruiting CO$ts and pay alt taxe$, Hourly rate$ for $ervice are your only
CO$t. These rate$ will vary depending on skills required.
All rates will remain stable during the project with exceptions of a change in job d=ription, There will be a 3% to
5% inflation rate increase for people on the project more than one year.
HOURLY RATE
ENGINEERS:
Jr Engineers, Engineering T echs
Engineers
Engineers, Sr. Level & Project Engineers
$2S,OO-38,OOIHr
$35,OO-S5,OOIHr,
$45.00-85,OOIHr,
DESIGN ENGINEERlDESIGN TECH
$31.00-S2,SOIHr,
CAD DRAFTER/CAD TECH. Sr. Level
AutoCad
Microstation
$31.00-36,SOIHr,
$37.50-46.S0IHr,
CAD OPERATOR/CAD TECH
AutoCad
Microstation
$25,50-32.00IHr,
$33,50-39.50IHr,
CAD OPERA TOR, entry level
AutoCad
Microstation
$22.S0-26,OOIHr
$25,OO-3S,OOIHr
ENGINEERING AIDEIFIELD TECH
$19,SO-30,OOIHr,
INSPECTORS:
Construction Inspector, Junior level
Construction Jru;pector
Construction Jru;pector, Senior level
$25,OO-3S,OOIHr
$3S,OO-42,OOIHr
$39.00-50,OOIHr
CONSTRUCTION CLERK/CONTRACT ADMINISTRATORlPROJECT CONTROL
Contract Administration, Project Control $28.00-55,OOIHr
Contract Administrators, POIject Control Assistants $22.50-36.501Hr
Contract Administrators - Clerical, Entry Level $21.00-29.001Hr
SCHEDULERSÆSTThÆATORS
SCHEDULERSÆSTThÆATORS, Sr. Level
$3S.00-51.001Hr.
$49.00-87.001Hr
PLANNERS - Environmental, Traru;portation (DOE)
$3S.00-9S.001Hr
PROJECT MANAGER (DOE)
$3S.00-85.00IHr,
An overtime rate of time and one half would occur after more than 40 hours in a Monday through Sunday work.
Invoicing is on a weekly basis for hours worked the previous week. Invoices are due upon receipt.
TECHSTAFF. INC.
TSA - 11/95
7
,
CITY OF AUBURN
ADDENDUM - SERVICE RATES
We employ our people directly, absorb all recruiting costs and pay all taxes. Hourly rates for service are
your only cost. These rates will vary depending on skills required.
All rates will remain stable during the project with exceptions of a change in job description requested or
preapproved by Customer, Escalation Factor for service rates for people on the project more than one
year limited to 3 to 5%.
HOURLY RATES
PROJECT MANAGER (DOE)
$35.00-85.00/Hr.
REGULAR OVERTIME
PROJECT MANAGER
Fred Ostmann, Effective 01/01/01
$41.10/Hr
$61.64/Hr
An overtime rate of time and one half would occur after more than 40 hours in a Monday through Sunday
work week. Invoicing is on a weekly basis for hours worked the previous week.
TECHSTAFF. INC.
TSA ~ 11/95
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