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Home My WebLink About2891 6 ' 1 1 RESOLUTION NO 2 8 9 1 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 5 TECHSTAFF, INC TO PROCURE TEMPORARY DESIGN AND CONSTRUCTION- INSPECTION STAFF THROUGH THE END OF 1998 6 7 WHEREAS, the City of Auburn currently has in effect an 8 agreement with Techstaff, Inc for procuring temporary 9 employees; and 10 11 WHEREAS, the Engineering Division has prepared a work 12 load forecast for 1998 ; 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 22 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 23 RESOLVES THAT 24 25 26 Resolution No 2891 November 17, 1997 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 1998 A copy of said Agreement is attached 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 DATED and SIGNED this /tT'S day of , 1997 13 14 CITY OF AUBURN 15 16 e-LIW-A-e$,4._ a sj 17 CHARLES A BOOTH 18 MAYOR 19 ATTEST 20 21 22 40)6/ LimIch, 23 Da'ielle E Daskam, City Clerk 24 25 26 Resolution No 2891 November 17, 1997 Page 2 1 2 APPROVED AS TO FORM 3 4I 5 .4 • • 6 Michael J 4 Reynolds, 7 City Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2891 November 17, 1997 Page 3 r TELL-INICAL SERVICES AGREEMENT THIS AGREEMENT is made this /S day of December, 1997 between TECHSTAFF, INC. (hereafter referred to as TECHSTAFF), and THE CITY OP 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 TECI-ISTAFF 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 TECI-!STAFF 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 (4) hours after TECHSTAFF personnel begins assignment,performance is unsatisfactory and so notifies TECHSTAFF, TECHSTAFF will not charge Customer for rejected personnel. Exhibit"A" TFCIISTAFF,INC Resolution No. 2891 T5A 11/95 1 3. Direction and Supervision of TECHSTAFF Personnel. (a) Customer shall be solely responsible for (i) assignment of all tasks to he 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•rhe 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 I-lazard Communication Standard or other applicable state/local "right to know" law In this regard, Customer shall. (i) Provide Right to Know training to TECI ISTAFF 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 TECI-(STAFF 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 Customers 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.2891 TF.CIISTAIT INC 2 lSA ,I1/OS 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 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. 2891 TECIISTArF INC ISA II/9S 3 6. Invoicing. (a) TECI(STAFF 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 TECI-ISPAFF 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 nth from January 1, 1998 until December 31, 1998 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 TECI-(STAFF 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 TECI-(STAFF 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. 2891 rrrnsrAr r u+c ISA 11/95 4 (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, TECI-ISTAFF'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 TECI(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 maker immediate payment to TECI(STAFF 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&1, 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. 2891 IFCOSTAR INC ISA n/as 5 10. Entire Agreement. This Agreement is the entire agreement between the parties, and shall not he 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 f5 day of December, 1997 TECHSCAPP T'ECIISTAPP, INC /� By 455,1 1/ 1.) ■ Its Presi' enr CUSTOMER. THE CITY OF AUBURN (� By «n1� - 4", Charles A. Booth, Mayor Exhibit"A" Resolution No.2891 TFCIISTAFF INC NA 11/05 6 TECI'STAFF, INC. 1998 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 $42.00-53.00/Hr. TRANSPORTATION ENGINEER/ENGINEER $35.00-45.00/Hr TRANSPORTATION PLANNER/DESIGN ENGINEER $30.00-42.00/Hr. CAD DRAFTER/CIVIL TECH R $28.00-36.00/I1r. CAD OPERATOR/CIVIL TECH I $24.00-28.00/Hr ENGINEERING AIDE $21.00-25.00/11r. INSPECTOR $24.00-30.00/Hr SR. INSPECTOR $30.00-38.00/Hr CONSTRUCTION CLERK/CONTRACT ADMINISTRATOR $21.00-25.00/Hr SCHEDULER $36.50-48.00/I-Ir An overtime rate of time and one half would occur after more than 40 hours in a Monday through Sunday work. Invoicing is on a weekly basis for hours worked the previous week. Invoices are due upon receipt. 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OUT 'OJ$I2I.[a'. H33naoHd 30YH3A03 DNIOHOddv SHINVd1103 "M0139 S313110d 3141 AS a3auoddv 30VH3A00 9H1 1:1311V 80 ON31X3 'ON3WV 1ON 5300 31YOIdLLH33 SIH. "I301014 31v31da833 3141 NOdfl SIHDIH ON SH3dNO3 aNV A1N0 NOLLYWHOINI d0 1:1311YW V SY a3l8SI SI 31VDIALLH33 SIHl (AA/00/11V1)31r0 3PNd- afSNI A1A1111131,11 IS03 d CITY OF AUBURN INTEROFFICE MEMORANDUM TO• renda Heineman, Personnel Director FROM. Dl ii Daskam, City Clerk SUBJECT Resolution No 2891 Technical Services Agreement with Techstaff, Inc. DATE. December 16, 1997 The Auburn City Council adopted Resolution No 2891 on December 15, 1997 authorizing the execution of a Technical Services Agreement between the City and Techstaff, Inc. for the year 1998 Attached is a copy of Resolution No. 2891 together with a fully executed original of the Agreement for transmittal to Techstaff /dd Attachment File A4 5.2 f•\clerk\cont\RES2891 CAA Off' ter:;:► CHARLES A.BOOTH,MAYOR � AUBURN CITY CLERK Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk Allbt nen City Clerk:(253)931-3039 Tame Bothell,Records/License Clerk "Business Registration:(253)931-3007 Fax (253)288-3132 STATE OF WASHINGTON) ss. COUNTY OF KING ) I, Danielle Daskam, 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 2891 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2891 " I certify that said Resolution No 2891 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 15th day of December, 1997 Witness my hand and the seal of the City of Auburn this 23rd day of February, 1998 /(_0 kvses ( ck-n-LJ Danielle Daskam, City Clerk City of Auburn 0