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HomeMy WebLinkAbout3296 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 ------------_.------------- 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 " ^'_,,.:....¡'~.(i~.:.,'0"~:': »-oIo"'¡¡¡;'" In,. '--'-'-OP-" ...- 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 12