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