HomeMy WebLinkAbout2790 ORIGINAL
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RESOLUTION NO 2 7 9 0
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 TECHNICAL SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND
TECHSTAFF, INC TO PROCURE TEMPORARY DESIGN AND CONSTRUCTION-
5 INSPECTION STAFF THROUGH THE END OF 1997
6
7 WHEREAS, the City of Auburn currently has in effect an
8 agreement with Techstaff, Inc for procuring temporary
9
employees; and
10
WHEREAS, the Engineering Division has prepared a work
11
12 load forecast for 1997; and
13 WHEREAS, the current work load for Engineering Division
14 cannot be accomplished with authorized City staff; and
15
WHEREAS, the work load is project related and is expected
16
17 to fluctuate during this budget year; and
18 WHEREAS, the City has need to continue the use of
19 temporary personnel to meet current and projected work loads
20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
21
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
22
23 RESOLVES THAT
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Resolution No 2790
November 22, 1996
Page 1
1
Section 1 . The Mayor and City Clerk of the City of
2
Auburn are herewith authorized to execute a Technical Services
3
4 Agreement between the City of Auburn and TECHSTAFF, INC , to
5 procure temporary design and construction-inspection staff
6 through the end of 1997 A copy of said Agreement is attached
7
hereto and denominated Exhibit "A" and incorporated herein
8
,Section 2 . The Mayor is hereby authorized to implement
9
10 such administrative procedures as may be necessary to carry
11 out the directives of this legislation
12
13
DATED and SIGNED this 2nd day of December, 1996
14
15 CITY OF AUBURN
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18
CHARLES A BOOTH
19 MAYOR
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Resolution No 2790
November 22, 1996
Page 2
1
ATTEST
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4el-tiitJ Oditthk�.../
5 Robin Wohlhueter,
City Clerk
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7
8 APPROVED AS TO FORM
9
10 /
11
Michael J Reynolds,
12 City Attorney
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Resolution No 2790
November 22, 1996
Page 3
re
TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT is made this /7' a day of 2)ec rm b r✓ , 1996, between
TECHSTAFF, INC. (hereafter referred to as TECHSTAFF), and THE DIY 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 TECI-ISTAFF 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 TECHSTAFF 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
(e) If, after the TECHSTAFF personnel have commenced working for Customer,
Customer determines that such personnel are unsatisfactory, Customer shall notify TECHSTAFF and
TECHSTAFF shall use its best reasonable efforts to replace the rejected personnel in a timely
fashion with a more suitably skilled personnel.
(d) If any of the TECHSTAFF personnel fail to report to Customer's place of
business for reasons beyond TECI-ISFAFF's control, such as, but not limited to, illness,labor dispute,
natural disaster or acts of any governmental authority, TECI-ISI•AFF agrees that it will use its best
reasonable efforts to replace the absent personnel in a timely manner with another suitably skilled
person.
(e) If Customer finds that, within four (8) hours after TECHSTAFF personnel
begins assignment, performance is unsatisfactory and so notifiesTECHSTAFF, TECHSTAFF will not
charge Customer for rejected personnel.
TECIISTAFF,INC. 1 EXHIBIT "A" - RESOLUTION NO 2790
TSA 11/11/9.5�� 1 i ADOPTED DECEMBER 2, 1996
3. Direction and Supervision of TECHSTAFF Personnel.
(a) Customer shall be solely responsible for (1) assignment of all tasks to be
performed by TECHSTAFF 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 TECHSTAFF 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/local "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
TECI-ISTAFF 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 TECHSTAFF personnel,
(ii) Ensure that all of TECHSTAFF 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 TECI-ISFAFF with copies of MSDS'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 TECHSTAFF personnel supplied to
Customer. TECHSTAFF does not licensed to hold itself out to render any professional services
which require licensing from any regulatory agency TECHSTAFF does not insure for professional
negligence or carry errors and omissions insurance. If Customer's business is such 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 TECHSTAFF which result from the
services performed by TECHSTAFF personnel. Customer also agrees to indemnify, defend and hold
TECHSTAFF harmless from claims, loses, or liabilities (including reasonable attorneys' fees and
expenses of litigation) which arise from the services which are performed for Customer by
TECHSTAFF personnel.
(—EXHIBIT "A" - RESOLUTION NO 2790
'ISAII 11%91 F,INC
ADOPTED DECEMBER 2, 1996
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 from Customer;
(d) Information which TECHSTAFF of its personnel acquired after the time of
disclosure hereunder from a third party imposing no obligation of confidentiality and who did not
acquire any such information directly or indirectly from Customer; or
(e) Information as may be-authorized by Customer to be disclosed.
5. Compensation.
(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) The 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.
(c) The overtime hourly rate for TECHSTAFF personnel shall increase to one and
one-half times the applicable hourly rate for all labor performed by an individual in excess of forty
(40) hours in any given Monday through Sunday period. If any TECHSTAFF personnel are required
by Customer to work on a legal holiday, Customer agrees to pay TECHSTAFF for the services of the
individuals at the rate of one and one-half times the aforementioned hourly rate.
j EXHIBIT "A" - RESOLUTION NO 2790
Tmats ia INC
'ISA Il/95 3 ' ADOPTED DECEMBER 2, 1996
95
6. Invoicing,
(a) TECHSTAFF shall bill Customer for the current charges based upon time slips
for each Techstaff employee 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 twenty-one (21) days of the invoice date shall
be considered to be past due and TECHSTAFF shall be entitled to receive a 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 from .in4ary II /99997 until becember 3 §f7
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 TECHSTAFF personnel on assignment to Customer or other individuals referred by TECHSTAFF
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 agrees not to recruit or hire,
either directly or indirectly, any TECHSTAFF 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
TECHSTAFF 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.
EXHIBIT "A" - RESOLUTION NO 2790
ISR"6l,A95 INC 4 ADOPTED DECEMBER 2, 1996
(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 teens of this paragraph will result in immediate and
irreparable harm to TECHSTAFF, for which damages may be an inadequate remedy
Notwithstanding the foregoing, TECHSTAFF'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 TECHSTAFF 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 TECHSTAFF 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 $ 19,999 15%
$20,000 - 20,999 20%
$21,000 - 21,999 21%
$22,000 - 22,999 22%
$23,000 - 23,999 23%
$24,000 - 24,999 24%
$25,000 - 25,999 25%
$26,000 - 26,999 26%
$27,000 - 27,999 27%
$28,000 - 28,999 28%
$29,000 29,999 29%
$30,000 - Above 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 TECHSTAFF personnel, and that such fees are not to be 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 from any costs including the
above named in addition to the hourly rates set forth in Attachment A including client attorney fees
and costs.
(EXHIBIT "A" - RESOLUTION NO 2790
15A11'1 V951NC 5 I ADOPTED DECEMBER 2, 1996
10. Entire Agreement.
This Agreement is the 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 /171/1 day of , 1996.
TECHSTAFF TECHSTAFF, INC.
By i i -14 /i�_
Its Presid
CUSTOMER. THE CITY OF AUBURN
By CVO. A
Its
EXHIBIT "A" - RESOLUTION NO 2790
TECIISTAEE,INC 6 ADOPTED DECEMBER 2, 1996
ISA 11/95
•
TECHSTAFF, INC.
1997 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. There
will be a 3% to 5% inflation rate increase for people on the project more than one year.
HOURLY RATE
SR. TRANSPORTATION/PROJECT ENGINEER $40.00-50.00/14r.
TRANSPORTATION ENGINEER/ENGINEER $35.00-42.00/Hr.
TRANSPORTATION PLANNER/DESIGN ENGINEER $28.00-40.00/Hr
CAD DRAFTER/CIVIL TECH II $27.00-35.00/Hr.
CAD OPERATOR/CIVIL TECH 1 $23.00-26.50/Hr.
ENGINEERING AIDE $19.00-23.75/Hr.
INSPECTOR $22.50-28.00/11r.
SR. INSPECTOR $29.00-36.00/Hr.
CONSTRUCTION CLERK/CONTRACT ADMINISTRATOR $19.50-22.00/Hr.
SCHEDULER $36.50-46.50/Hr.
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.
EXHIBIT "A" - RESOLUTION NO 2790
ADOPTED DECEMBER 2, 1996
RECORDS MANAGEMENT
Ordinance No. Resolution No 9O9
Date Adopted O/d/9(0
Copies to.
1 ) Department Contact(s). — 41 & _ ,d f 12t107-tirta-,t
Finance Department
(Copy if relates to fees, charges, or any accounting responsibility)
2.) Code Book:
3 ) Recording File:
4 ) Citizen Requests:
NAME Address
cc. City Clerk
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RECORDS MANAGEMENT
Ordinance No. Resolution No. 2 7 70
Date Adopted /02 - - -9
Copies to
1 ) Department Contact(s) �., A_-2
Finance Department
(Copy if relates to fees, charges, or any accounting responsibility)
2.) Code Book:
3 ) Recording File:
4 ) Citizen Requests:
NAME Address
cc: City Clerk
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TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT is made this / 7 day of Diu 6 e✓ , 1996, between
TECI-ISTAFF, 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 TECHSTAFF 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 TECHSTAFF personnel have commenced working for Customer,
Customer determines that such personnel are unsatisfactory, Customer shall notify TECHSTAFF and
TECHSTAFF shall use its best reasonable efforts to replace the rejected personnel in a timely
fashion with a more suitably skilled personnel.
(d) If any of the 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.
(e) If Customer finds that, within four (8) hours after TECHSTAFF personnel
begins assignment, performance is unsatisfactory and so notifies TECHSTAFF, TECHSTAFF will not
charge Customer for rejected personnel.
TECIISTAFF,INC. 1 EXHIBIT "A" - RESOLUTION NO 2790
ADOPTED DECEMBER 2, 1996
3. Direction and Supervision of TECHSTAFF Personnel.
(a) Customer shall be solely responsible for (i) assignment of all tasks to be
performed by TECHSTAFF 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 TECHSTAFF 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/local "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
TECHSTAFF 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 TECHSTAFF personnel,
(ii) Ensure that all of TECHSTAFF 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 of MSDS'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 TECHSTAFF personnel supplied to
Customer. TECHSTAFF does not licensed to hold itself out to render any professional services
which require licensing from any regulatory agency TECHSTAFF does not insure for professional
negligence or carry errors and omissions insurance. If Customer's business is such 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 TECHSTAFF which result from the
services performed by TECHSTAFF personnel. Customer also agrees to indemnify, defend and hold
TECHSTAFF harmless from claims, loses, or liabilities (including reasonable attorneys' fees and
expenses of litigation) which arise from the services which are performed for Customer by
TECHSTAFF personnel.
TFf,IISIMF INC 2 EXHIBIT "A" - RESOLUTION NO 2790 I 1/95 11,A ADOPTED DECEMBER 2, 1996
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 from Customer;
(d) Information which TECHSTAFF of its personnel acquired after the time of
disclosure hereunder from a third party imposing no obligation of confidentiality and who did not
acquire any such information directly or indirectly from Customer; or
(e) Information as may be authorized by Customer to be disclosed.
5. Compensation.
(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) The 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.
(c) The overtime hourly rate for TECHSTAFF personnel shall increase to one and
one-half times the applicable hourly rate for all labor performed by an individual in excess of forty
(40) hours in any given Monday through Sunday period. If any TECHSTAFF personnel are required
by Customer to work on a legal holiday, Customer agrees to pay TECHSTAFF for the services of the
individuals at the rate of one and one-half times the aforementioned hourly rate.
EXHIBIT "A" - RESOLUTION NO 2790
TECHSTAFF INC
ISA 11/95 3 ADOPTED DECEMBER 2, 1996
6. Invoicing.
(a) TECHSTAFF shall bill Customer for the current charges based upon time slips
for each Techstaff employee 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 twenty-one (21) days of the invoice date shall
be considered to be past due and TECHSTAFF shall be entitled to receive a 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 rare shall be that rare which is in effect
on the date of the invoice.
7 Term and Termination.
This Agreement shall run from Ingary l/y 7 until .]Dcctimb:✓ 3 /597
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 TECHSTAFF personnel on assignment to Customer or other individuals referred by TECHSTAFF
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 agrees not to recruit or hire,
either directly or indirectly, any TECHSTAFF 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
TECHSTAFF 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:
EXHIBIT "A" - RESOLUTION NO 2790
SAIII/95 'NC 4 ADOPTED DECEMBER 2, 1996
(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, TECHSTAFF'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 TECHSTAFF 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 TECHSTAFF 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 $ 19,999 15%
$20,000 - 20,999 20%
$21,000 - 21,999 21%
$22,000 - 22,999 22%
$23,000 - 23,999 23%
$24,000 - 24,999 24%
$25,000 - 25,999 25%
$26,000 - 26,999 26%
$27,000 - 27,999 27%
$28,000 - 28,999 28%
$29,000 - 29,999 29%
$30,000 - Above 30%
Customer acknowledges that the above tee schedule represents the agreed value of services
rendered by TECHSTAFF in locating, screening, checking the references for and otherwise
determining the qualifications of TECHSTAFF personnel, and that such fees are not to be 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 from any costs including the
above named in addition to the hourly rates set forth in Attachment A including client attorney fees
and costs.
EXHIBIT "A" - RESOLUTION NO 2790
TECNSTAH,INC
TSA I„95 5 ADOPTED DECEMBER 2, 1996
10. Entire Agreement.
This Agreement is the 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 /'7 h day of A- Ze-tinLh-C-C/ , 1996.
TECHSTAFF TECHSTAFF, INC.
By
Its President
CUSTOMER. THE CITY OF AUBURN
By �V_�ikL \y- 0 -�
Ai
Its
EXHIBIT "A" - RESOLUTION NO 2790
TECHSTAFF,INC. 6 ADOPTED DECEMBER 2, 1996
TEA 11/95
TECHSTAFF, INC.
1997 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. There
will be a 3% to 5% inflation rate increase for people on the project more than one year.
HOURLY RATE
SR. TRANSPORTATION/PROJECT ENGINEER $40.00-50.00/Hr.
TRANSPORTATION ENGINEER/ENGINEER $35.00-42.00/Hr.
TRANSPORTATION PLANNER/DESIGN ENGINEER $28.00-40.00/Hr
CAD DRAFTER/CIVIL TECH Il $27.00-35.00/Hr.
CAD OPERATOR/CIVIL TECH I $23.00-26.50/Hr.
ENGINEERING AIDE $19.00-23.75/Hr.
INSPECTOR $22.50-28.00/Hr
SR. INSPECTOR $29.00-36.00/Hr.
CONSTRUCTION CLERK/CONTRACT ADMINISTRATOR $19.50-22.00/Hr.
SCHEDULER $36.50-46.50/Hr.
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.
EXHIBIT "A" - RESOLUTION NO 2790
ADOPTED DECEMBER 2, 1996
3Y op
CHARLES A.BOOTH,MAYOR 4dlW∎ AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dam Daskam,Deputy City Clerk City Clerk:(206)931 3039
Tamie Bothell, Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931 3053
Iasi eo
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2790 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2790 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 2nd day of December, 1996
Witness my hand and the seal of the City of Auburn this 3rd day of March, 1997
ted--6 /,0 / '
-x /
Robin Wohlhueter
City Clerk
City of Auburn