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HomeMy WebLinkAbout3402RESOLUTION NO. 3 4 0 2 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, 2002 TO DECEMBER 31, 2002. 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 2002; and WHEREAS, the current work load for Engineering Division cannot be accomplished with authorized City staff; and WHEREAS, 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 Resolution 3402 December 7, 2001 Page 1 City of Auburn and H. L. YOH COMPANY, to procure temporary design and construction-inspection staff from January 1, 2002 to December 31, 2002. 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. 0 DATED and SIGNED this / I day of December 2002. CITY OF AUBURN .rl~aG CHARLES A. BOOTH Mayor Resolution 3378 December 7, 2001 Page 2 ATTEST: ~ Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Fteynolds City Attorney Resolution 3378 December 7, 2001 Page 3 12/11/2001 08:31 2066257495 GILLESPIE PAGE 02 AGREEMENT FOR BUPPLYING TF,MPORARY PER80NNEL This is an agreement ("Agrecment") made as of the 11 day of December, 2001, between H.L. Yoh Company LLC, which has its principal officcs at 1818 Market Street, Philadelphia, PA 19103-3672 ("Yoh") and City of Auburn, which has offices at 25 wtst Main, Auburn, WA 98001 ("ClientA). 1. Statcmcnt of Work Clicnt has requested that Yoh supply certain persons to Client on a tcmporary basis to supplement Client's own work force. Yoh will supply to Client such temporary personnel as Client may from tunc to timc request, to work under Client's direction, control and supervision. 2. The Emplovees Except as statcd in Section 4 below, Yoh is tht employcr of all the persans that Yah sends to supplement Client`s work force (hereafter callcd 'Employccs"). Yoh will pay the wages of Employccs, and Yoh will be responsible for withholding all income ant1 social security taxes from their wages and for paying workers' compensation insurance premiums, state and fcdcral uncmploymcnt insurance taxes, and the employer's share of social security taxes on their behalf. 3. Assignment of Employees Yoh will only send persons to work at Client's premises who have been approved by Client for the assignment - cithcr as a result of Client having personally interviewed them, as a result of Client having rcvicwcd their resumcs, or on some other basis upon which Client and Yoh will agree. For each such person, Yoh will send to Client a confirming letter that will contain the hourly billing rates that Yoh has agreed to acctpt and which Clicnt has agreed to pay for each of these persons. Exhibit "A" is a saxnple of such a conf'irming letter. . Client has thc right at all timcs to cnd the assignment of any Employee Yoh sends to Client. Furthermore, if Client becomcs dissatisfied with the performance of any of the Employees during the first three (3) woxkdays of their assignment to Clicnt, Clicnt may cancel their assignment and Yoh will not bill Client for the time spent by such Employcc. If Client kecps an Employee on assignment for more than three (3) workdays, it is agreed that the Employee's performancc is deemed to bc satisfactory, UAiversel (Seattk) rev. 9/01 1 Confldeatlal aad Propristm7 12/11/2001 08:31 2066257495 GILLESPIE PAGE 03 and Client will pay the invoices for all hours worked by such Employee. It is understood and agreed that this paragraph sets forth Client's exclusive remcdy for unsatisfaetory performance by Yoh's Employees, including any claim that the work produced by Yoh's Empioyee was unsatisfactory. 4. Su,bcontracting Yoh, at its discretion, may subcontract assignmenta under this Agreement. Client wi11 approve SubcontrQCtor's employees as outlined in Section 3"Assignment of Ernplayees". Subcontractprs will be the employcr of all persons it assigns, as outlincd in Scction 2"Thc Employees". All reltvant provisions of this Agreement, including but not limitcd to indemnification and insurance provisions, will be a part of any agreement that Yoh enters into with Subcontractor. 5. IVjotorized VeYucles Yoh'a services for Client shall not involvc thc operation of any motorized vehicle, including but not limited to automobiles, trucks and fork lifts ("Motorized Vehicles"), Yoh's Employees are not allowed to operafie Client's Motoxized Vehicles, whether owned or rented (unless there is a specific written agreement to that effect) and this Agrccmcnfi does not cover any such operation. 6. Indemnity and Rclcase Yoh will indemnify and hold Client harmless from and against all claims, losses, liabilitits, damages and expenses arising out of bodily injury (including death) or property, damagt to thc extent such injury (including death) or property damage occur both (i) as a result of the negligent acts of the Employccs and (ii) while the Employees are working on Clicnt's premises under this Agreement. The forcgoing indemnity shall not apply to claims resulting from the work product or from Clicnt's instructions to Yoh's Employees, Notwithstanding anything to the contrary in this Agrccment, neither Client nor Yoh nor any of their respeetive employees, officers, aff'~liatcs, inswers or contractors, shall be liable to thc other party hereto (including any of their respective affiliates) for any consequcntial, incidental or indirect damages, including but not limited to, loss of profits, interest, earnings or use ("Damages"), whethcr arising vr alleged to arise in contsact, tort, including negligenee, strict liability or vnivesvW (seaccie) rev. 9/01 2 Coatidential aad Propsiatary 12/11/2001 08:31 otherwiae. 2666257495 7. Billine and Payment GILLESPIE PAGE 04 Yoh will send Client a bill each week for all hours worked by the Employecs during the previous wcck, plus charges for any othcr properly billable items. These invoices are payable upon rcceipt. Client will remit payment to: H.L. Yoh Company LLC Dept. AT 40151 Atlanta, GA 31192-0151 With payment, Client will provide Yoh invoice numbcr, or ia the absence of a Yoh invoice number, Employee full name, week ending worked and dollax' sLmount. 8. Termination of Tjais Aereement Once this Agreement has been executed, Client and Yoh have agreed that cither party can terminate it by giving fifteen (15) days written notice of such tcrmination to the other. Also, Clicnt and Yoh have agreed that either party will have the option to terminate this Agreement immediately if thc other materially breachcs any of its provisions. 9. Insurance and Liabili~y During the term of this Agrcement, Yoh will mainta.in the following insurancc covcrages; TY= a. Standard Workcrs' Compensatian b. Employer's Liability c. Commercial General Liability d. Comprehensive Automobile Liability e. Excess Umbrella Liability f. Third party Fidelity Bond univessd (9eattle) rev. 9101 3 Coverage Limits Statutory $1,000,000 $1,000,000 $1,000,000 $ i,ooo,ooo $ 250,000 ConfidentW au►d Proprietasy 12/11/2001 08:31 2066257495 GILLESPIE PAGE 65 Client and Yoh agree that Yoh's total liability to Client for any claims, losses, expenses or damages whatsoever arising out of or in any way related to this Agreement from any cause or causes, including Yoh's negligence, shall not exceed the total amount paid on Yoh's bchalf by Yoh's insurers under these coverages in settlement or satisfaction of Client's claim. The foregoing limitation of liability sh.ali apply whcther such claims arise or are alleged to arise in eontract, tort, ineluding negligence, strict liability or othcrwise. 10. Confident}alInformation Yoh recognizes that the Employees who are assigntd to Clicnt's premiscs m.ay havc acccss to certain information that Client considers proprietary and confidential. Yoh will require cach of its Emplayees to treat this infonnation as confidential and to agree not to disclose it to any third person. 11. Solicit ti n o Emiployees During the term of this Agreement and for ninety (90) days aftcr its termination, Client and Yoh agree not to solicit or hire, either directly or indirectly, any of the othor'a employccs. Howcvcr, if YQh and Client agree in writing that Yoh will release a1't Employee directly to Client in order for Client to hire said Employee, then the following fees shall apply: Time Frame 1101 up to and including thc 90th consecutive day of the Employce's aesignment 91et up to and including the 120+h consecutive day of the Ernployec's assignment 12 iot up to ana inGiuaing tne 1 Both consecutive day of the Employee's assignment Fcc 28% of the Employee's annual basc salary. 20% of the Employee's azznual basc salary 15% of the Employee's annual base salary 181 st up to and including the 270th 10% of the Employee's consccutive day of the Employee's annual basc salaxy aSBignment univeraai (see►u7e) rev. 9/01 4 Coafldeatial aad psopsietary 12/11/2001 08:31 2666257495 GILLESPIE PAGE 06 271ot consecutivc day up to and 5% of the Employoe's including the 365th of the Employee's annual base salary assignrnent Aftor thc 365th consecutive day of thc No fee Employee's assignment Direct solicitation docs not include advertiscments in the general rnedia and except to the extent an individual wes specifically encouragcd to xespond to such advertisements, there shall be no restriction on the hiring of individual so responding. 12. Equal Emnlovment Qgportuni It is Yoh's policy to provide employment, training, compensatian, promotion an,d other conditions of ernployment without regard to race, color, religion, national origin, sex, marital or vctcran sfiatus, age, or the presence of a non job-related handicap. Yoh will follow this policy in providing pcrsons to Client under this Agreement. 13. Ri¢ht to Know Laws Except as provided in the next paragraph, Client represents that thosc pcrsons who Yoh will send to work at Client's premises will not be exposed to any hazardous chcmicals (as defined by thc OSHA Hazard C4mmunication Standard ar any applicable state/local "right to know' law) under nornial opcrating conditions or any foreseeable emergencies. If this is not presendy the case, or if this changes in the future, Client agree to givc Yoh immediate written notification so that Client and Yoh may take any appropriate precautions required by the OSHA Hazard Communication Standard or any applicable state/local "right to know" law. 14. S2isclosure lo Foreign_Pcrson§ Client acknowledges that both the disclosurc of "Technical Data" and the provisions of a"Dcfense Service° related to any item on thc "United States Munitions List" to a"Fortign Pcrson" are controlled by the International Traffic in Arms Regulations ("ITAR") undcr which those terms arc dcfined (22 CFR 120-130). Client warrants and covenants that it will not ask, require or allow any of Yoh's Employees provided to Client under this Contract, while performing work for Client or under Client's direction, to disclose Teehnical Data to, or perform a Defense Strvicc for, vntversal (3esttle) rev. 9/01 5 CoaSdential aad Psoprietary 12/11/2061 08:31 2066257495 GILLESPIE PAGE 07 a Foreign Pcrson without first informing Yoh of its intenti.on to do so, so that Yoh may obtain requisite liccnsing or othcr approval from the U.S. Departmcnt of State. 15. Governirie Law The laws of the Comr,nonwealth of Pennsylvania shail govern the validity atid construction of this Agreement and any dispute arising out af or relating to this Agreement, without regard to the principles of conflict laws. 16. Waiver The failure of either Client or Yoh fio enforce at any timc, or frorxk time to time, any provision of this Agreement shall not be construed as a waivcr thereof. 17. Public Disclosures All media releases, public announcements, and public disclosures by cither party rclating to this Agreement or the subject matter of this Agreement, including promotional or marketing matcrietl, but not including announcements intended solely fpr intcrnal distribution or disclosures to the extent required to meet legal or regulatory requirements beyond fihe reasonablc control of the disclosing parCy, shall be coordinated with and approved by the other party prior fio relcasc. Notwithstanding the foregoing, Yoh may list Client as a client of Yoh and describe in general terms the services provided by Yoh under this Agreement in proposals, web sites, case studies, and othcr marketing materials. 1$. Amendment This Agreement may be amended only by a written agrcement between Client and Yoh, that cxpressly amends, ternunates or supersedes this Agreement. 19. Validitv of Tcrms If any term ar provision of this Agreement shall be held void, illcgal, uneaforceable or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validxty of the remaining portions or provisions of this Agreement shall not bc affcctcd Univereai (Seattle) rev. 9/01 6 COttfideatial aad Proprietuy 11-/ 11J L[JUl VO. J1 LVuVLJ f- u+- - - - I - thereby. 20. Entirc AgreMent Notwithstanding any other documents, including Client issued purchase ordcrs, this Agreement constitutes the entire agreement between Client and Yoh and na other undcrstanding that modifies the terms hereof sha11 be binding unless made in writing and signed by authorizcd represent&tivcs of both Client and Yoh. Intending to be legaliy bound, this Agreement is exccuted by authoriud representatives of both parties hereto. H.L. Yoh Company LLC Clicnt By: By: (authorized signature) (authorizcd signaturc) Name: 'Iitle: Date: Name: Title: Date: Universsl (8eattle) nv. 9/01 7 Coniidaatial and Proprietary 12/11/2601 68:31 2966257495 GILLESPIE PAGE 10 DIRECT PL,f1,CEMENT STAFFING SERVICES AGREEMENT H.L. Yoh Company LLC ("Yoh") is pleased to provide temporazy staffing services to Ci of Auburn ("Client"). In thc cvcnt that Client desires to hire a re;ferced employee directly as an employee of Client, the direct placement will be subject to tht following Terms and Conditions: 1. D;[rect Placetnent Proeedures It is agreed and understood that the designated Yota ,rcprescntative wi11 be informod of any intcrest, intcrviews, contact, or offers of einployment in regard to our candidate referrals. 2. Placement Fee Schedules Client will pay a placement fee of 25% for personnel employcd by Client who were presontcd to Clicnt by Yoh. All fees will be calculated as a percentage of the newly hired employee's inirial base salary exclusive of ovcrtimc, banus, fringe beucfits, locati.vn prcmiums or other non-salary related compensation. All invoiccs arc due upon receipt of the date of the invoice (unless contract ar purchase order states otherwise). Invoices ovcr thirty (30) days will incur 0.8 of 1% per month interest cb,a,rge. In thc cvent that the client defaults in its obligation to pay Yoh's invoices, Client agrees to pay all rcasonabie $ttomcy and/or callection fees in obtaining payment of the debt. 3. Refund Policy Should a candidate be referred by Yoh, hired by Client subsequently leavc voluntarily ar be released for incompetcnce or any other justifiable cause within ninety (90) calendar day period after beginning employm,ent, a reflind of the permanent placement fcc will be made by Yoh in accordance with tbic following schedule: Within 0-30 Days 100% 31-60 Days 66% 61-90 pays 33% Over 90 Days 0% Any replacement by Yoh for such a tenminated employee wfla bc trcated as a new employee for purposes of fec detcrmination and payment. This xefund will not apply if Ynh does not receive payment within thirty (30) of candidate's start dato. Divscc frv. 9ro1 1 Coatidential And Psopsietasp 12/11/2001 08:31 2066257495 GILLESPIE PAGE 11 4. Stutute of Limitxtiona Lack of xesponsc, or negative response, to Yoh will signify no interest in the refcrrcd candidate by the buyer and no commitment will bc presumed. No fec shall be due Yoh unlcss a rcfcrred candidate is actually hired by Client. If Cixent hires a candidate for a position during the three hundred and sixty-five (365) day period from date of submittal, Yoh shall rcceive a fee in accordance wi.th the fee schedule listed in Secrion 2. Yah will assist in reeruiting qualified applieants to satisfy Client's nceds without regard to race, rcligion, color, national origin, sex, age, or disability. ,A.11 decisions by Yoh and _ by Client with reference to referral and/ or qualifications of cazadidatcs will be made solely on individual qualifications and ability to perform the position applied in question. 5. ExecuHon Please sign documents and return one original to me indicating your agreGmeAt with and acccptance of thost Tcrms and Conditions. Wc hopc this agreement wxll mcet with your satisfacdon. We look forward to a mutually beneficial reladonship. Very truly yours, H.L. Yoh Company LLC Agreed and acceptcd by: Company Name Date Signature Title nirvcc re,-. 9101 2 Conlidential aad Propr,lotwy . ! Ij4III H.LYOH COMPANY LLC Attachment A ~ ~z Regis,erea 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 Aubum Public Works Department. This List is not all inclusive of the type of people and job descriptions we can provide for. Inspectors- Civil, Building, Mechanical, Environmental, Construction, etc. Rates: $25-$60 per hour. . Engineers-Civil, Structural, Mechanical, Electrical, Construction, Environmental, etc. Rates: $33 -$80 Engineering Aides - All disciplines Rates: $18-$40 Right of Way Negotiators Rates: $40-$70 plus expenses Cad Technicians- AutoCAD, Microstation, Arclnfo, and other systems Rates: $23-$50 per hour Technical Writers- All disciplines Rates: $25-$60 Computer professionals- Rates will vary according to applications, software, hardware, etc. Please call with specifics for a rate quote. Clerical / Administrative Staff- Rates: $15-$45 Please note that this rate sheet covers our normal range of rates for straight time hours. For special licensing or requirements rates may vary. 19 NTS ~ ,NEMSER i Yohcompany Technology Stafring Contact Person Title Company Name Address City, State, Zip Subject: Confirmation Letter Dear Mr. Smith: SAMPLE LETTER Date This will confirm the assignment of our employees to your facility. Name Classification Start Date S.T.B.R. O.T.B.R. Bill Jones CAD Designer 1/1/00 Our enclosed terms and conditions apply (or the signed terms and conditions dated apply). It is understood and agreed that any and all personnel assigned to you by Yoh are subject to the technical supervision and direction of your representatives. All overtime will be billed to you and paid to Yoh's employees in accordance with applicable federal, state and locals laws. Thank you for this opportunity to be of service. If you have any questions, please contact me. Very truly yours, Enclosure John Doe Branch Manager Executive Offices: 1818 Market Street, Philadelphia, PA 19103 Phone: (215)656-2650 FAX: (215)656-2687 YF-3