Loading...
HomeMy WebLinkAboutCAG2022-191 - Original - Robert Half International, Inc. - Parks 2022 Photography - 05/12/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan Apple Dir Assist: Haleigh Elliott 05/10/2022 ASAP 4 N/A 10006100.6XXXX.4001 4 33248 ASAP December 31, 2022 4 4 4 not to exceed $20,000 Legal has reviewed and agreed to route this contract as is. Parks, Recreation & Community Services N/A Contract Original Other CAG2022-191 © Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/F/D/V v.102 Page 1 of 5 ROBERT HALF STATEMENT OF WORK This Robert Half Statement of Work RH (“SOW”), effective as of May 2, 2022, is entered into by and between City of Kent (“Client”) and Robert Half International Inc., through its marketing & creative practice group of the branch located at 601 Union St., Suite 4300, Seattle, WA 98101 (“RH”). 1.Scope of Engagement. RH will assign one or more individual(s) to Client to assist Client with its completion of the following: Photography 2.Professionals. RH will assign the following individual(s) (each a “Professional”) to Client for this engagement: Name of Professional Hourly Bill Rate Estimated Start Date Estimated End Date Jestoni Gabuyo David Mitchell $ 60 $ 54 5/2/22 5/2/22 11/4/22 11/4/22 3.Contact Information. Client Representative RH Representative Name: Brian Levenhagen Name: Kirsten Martin E-mail: bjlevenhagen@kentwa.gov E-Mail: Kirsten.martin@roberthalf.com Phone: 253-856-5116 Phone: 503-616-1866 Address: 220 Fourth Avenue South, Kent, WA 98032 Address: 601 Union Street Suite 4300, Seattle, WA 98101 4.Termination. This Agreement will continue for a period of one year from the effective date of this Agreement listed above, unless terminated earlier. Either party may terminate this SOW at any time upon thirty (30) days’ prior written notice to the other party. 5.General Conditions of Engagement. RH assigns the Professional(s) to Client pursuant to the General Conditions of Engagement attached hereto as Exhibit A and incorporated herein by reference. Agreed to: Agreed to: Robert Half International Inc.EOE By Authorized signature Name (type or print): Megan Slabinski City of Kent By Authorized signature Name (type or print): Julie Parascondola Date: Date: Megan Slabinski (May 12, 2022 09:28 PDT) Megan Slabinski May 12, 2022 Julie Parascondola (May 12, 2022 12:06 PDT) Julie Parascondola May 12, 2022 © Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/F/D/V v.102 Page 2 of 5 Exhibit A General Conditions of Engagement Required Screenings. To the extent permitted by applicable law, RH will have a third party vendor (a) perform a Social Security Number verification; (b) perform a seven-year criminal background investigation for all (i) state felony convictions and pending charges, and (ii) state misdemeanor convictions and pending charges involving crimes of dishonesty or violence, in each county where Professionals has resided or worked in the U.S. in the last seven years as stated on Professional’s application; however, where such criminal background investigation is either impracticable, unavailable or would result in a delay of assignment (as determined by the third party vendor), the third party vendor will endeavor to complete a seven-year statewide criminal background investigation, if available; and (c) perform a seven-year criminal background investigation by having the third party perform a search of its private database of U.S. national criminal records searching for felony convictions and misdemeanor convictions for crimes of dishonesty or violence. Client understands and agrees that the third party vendor's database of U.S. national criminal records (i) is maintained by the third party vendor and not a governmental entity, (ii) is an incomplete aggregation of criminal records, and (iii) will not reveal or identify all criminal convictions. If any of the checks are not possible to complete due to delays and/or unavailability of one or more sources, Client acknowledges that the checks will not be completed for Professionals in time for Professionals start date due to such delays or unavailability of sources. Client will permit Professionals to start an assignment with Client on the start date while attempting to complete the checks. Client will hold RH harmless for any liability for having RH's Professionals start prior to the completion of the checks. If Client requests a copy of the results of any checks conducted on RH's Professionals, Client agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. Scope of Assignment. Client shall supervise the Professionals. Client will not permit or require a Professional (i) to perform services outside of the scope of his or her assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (iv) to make any management decisions; or (v) to use computers or other electronic devices, software, services, tools, e-mail accounts or network equipment owned or licensed by the Professional. Cash Handling and Other Financial Transactions and Activities. If Client permits or allows a Professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or other related activities, Client accepts sole responsibility for all claims, demands and liability that may arise from permitting these activities. Client represents and warrants that to the extent Client permits or allows a Professional to engage in the activities described in this paragraph, Client will not permit or allow a Professional to handle more than (i) $1,000 per day if Client is a non-profit entity, or (ii) $25,000 per day if Client is a for-profit entity. Workplace Safety. Client agrees that Client has full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to Client’s business, and (ii) ensuring that safety plans exist for, and safety related training is provided to, Professionals working on Client’s premises. To ensure the safety of potentially vulnerable individuals on Client’s premises, Client agrees not to permit Professionals to have unsupervised or unmonitored contact with (1) minors or (2) adults who are under Client’s care, custody or supervision because of mental health impairments. If any assignment under this SOW is for work to be performed under a government contract or subcontract, Client will notify RH immediately of any obligations in the government contract or subcontract relating to wages. Operation of Vehicles and Equipment. RH does not authorize a Professional to operate machinery (other than office machines) or vehicles. If Client wishes to permit a Professional to drive for business purposes, Client accepts sole responsibility for all liability, damages, injuries or other claims that may arise or be incurred as a result of such driving. If Client requires a Professional to drive a vehicle owned by Client or by a Client employee, Client agrees to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstances will Client permit a Professional to: make bank deposits; carry cash in excess of $100, negotiable instruments or other valuables while driving; or have passengers in the vehicle. It is agreed that Client accepts full responsibility for, and that RH does not maintain insurance to cover any injury, damage, or loss that may result from Client’s failure to comply with the foregoing. Remote Work. Client may request that a Professional provide services remotely (i.e., from a location other than Client’s or Client’s customer’s © Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/F/D/V v.102 Page 3 of 5 premises) using a laptop and/or other computer or telecommunications equipment provided by Client or RH (collectively, the “Equipment”). In such case, Client acknowledges and agrees that RH shall have no control over, and Client shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment and related devices, network accessibility and availability, software, services, tools and e-mail accounts (collectively, “Computer Systems”) used by the Professional, and (ii) the security or integrity of the data and other information stored therein or transmitted thereby. Moreover, Client must not permit a Professional to save or store any Client files or other data on the Computer Systems provided by RH (including, but not limited to, any virtual desktop infrastructure solution). Client agrees that RH shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. Claims. Client hereby agrees to waive all claims against Robert Half International Inc. and its subsidiaries, divisions and affiliates, including their respective employees, officers and directors (individually and together, “Robert Half”) and to defend and indemnify Robert Half against any claim, demand or liability arising from Client’s failure to comply with the terms of this Agreement, including, but not limited to, claims arising from any damage to goods, materials or other items. Client agrees that it is responsible for reporting any claim to RH in writing during or within ninety (90) days after the termination of the applicable assignment. RH will not be responsible for any claim related to the engagement, including, but not limited to, any Services performed during such engagement, unless Client has reported such claim in writing to RH within ninety (90) days after termination of the applicable assignment. Compensation. Notwithstanding anything to the contrary in the Consultant Services Agreement between the City of Kent and Robert Half International Inc., dated August 14, 2019, the terms of this SOW shall apply only to these two (2) placements and are not handled by the Consultant Services Agreement. The Client shall pay RH for services provided under this Agreement. The Client’s combined total budget for the services performed by the Professionals listed in Section Two of this Agreement is $20,000. Notwithstanding anything to the contrary in this Agreement, RH may at any time, in its sole discretion, discontinue performance of the services once the Not-to- Exceed Amount has been attained (even if RH continued to provide services after the Not-to-Exceed Amount was reached). Confidentiality. Professionals will execute any confidentiality agreement that Client may require. Client is responsible for obtaining the Professional’s signature. Client agrees to hold in confidence the identity of any Professional and the Professional’s resume, social security number and other legally protected personal information, and Client agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure. Limitation on Liability. Circumstances may arise where, because of a default on RH’s part or other liability, Client is entitled to recover damages from RH. Regardless of the basis on which Client is entitled to claim damages from RH (including fundamental breach, negligence, misrepresentation or other contract or tort claim), RH’s liability, if any, will, in the aggregate for all claims, causes of action or damages, be limited to any actual direct damages up to an amount equal to the fees actually paid to RH for the services that are the subject of the claim. Under no circumstances is RH liable for any special, incidental, exemplary, indirect, lost profits, or consequential damages (including, but not limited to, lost business, revenue, goodwill, or anticipated savings), even if informed of the possibility. It is understood that Client is responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls (including information technology, proprietary information, creative designs and trade secret safeguards) for Client, and RH shall not be responsible for any losses, liabilities or claims arising from the lack of such controls or procedures. Employment Taxes, Withholdings and Insurance. Each party will maintain workers' compensation insurance and commercial liability insurance. RH will be responsible, to the extent applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for the Professionals. RH reserves the right to re-assign any Professional. Guarantee. RH guarantees Client’s satisfaction with the services of each Professional by extending to Client a two (2) day (16 hours) guarantee period. If, for any reason, Client is dissatisfied with a Professional, RH will not charge for the first sixteen (16) hours worked during the applicable guarantee period, provided that Client allows RH to replace the Professional and Client contacts RH regarding its dissatisfaction before the end of the applicable guarantee period. Unless Client contacts RH before the end of the applicable © Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/F/D/V v.102 Page 4 of 5 guarantee period, Client agrees that the Professional is satisfactory. RH MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. Services Provided on a Time and Materials Basis. Notwithstanding any language to the contrary in this SOW with regard to fixed-price, deliverables or acceptance of deliverables, RH shall be compensated on an hourly basis only. RH is not providing deliverables under this SOW. If, for any reason, any Professional is unable to complete his or her assignment, RH will endeavor to provide a suitable replacement, subject to Client’s approval. If RH is unable to identify a replacement acceptable to Client, this SOW will be deemed to have automatically ended with respect to such Professional, except that Client shall remain liable to RH for services provided by such Professional prior to his/her termination. © Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/F/D/V v.102 Page 5 of 5 Payment Terms. Each Professional will present a time sheet or an electronic time record to Client’s or Client’s representative for verification and approval at the end of each week. RH will bill Client weekly for the total hours worked. RH’s invoices are due upon receipt, including applicable sales and service taxes all of which are payable by Client. In the event that Client fails to pay the invoices when due, Client agrees to pay all of RH’s costs of collection, including reasonable attorneys' fees, whether or not legal action is initiated. Additionally, RH may, at its option, charge interest on any overdue amounts at a rate of the lesser of 1½% per month or the highest rate allowed by applicable law from the date the amount first became due. RH may charge you a technology fee for the provision of equipment or technology, if you request that our professional use equipment or technology provided by us. RH may also increase its rates for the services provided under this SOW to reflect increases in RH’s own costs of doing business, including costs associated with higher wages for workers and/or related tax, benefit and other costs. RH will provide written or verbal notice of the technology fees and/or increase in rates for the services, and such increase will be prospective, starting as of the effective date RH specifies. Overtime. If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate. Expenses. Travel and/or out-of-pocket expenses incurred by a Professional shall be reimbursed by Client immediately upon Client’s receipt of invoice. Hiring the Professional. After Client evaluates the performance and potential of a Professional on the job, Client may wish to employ this person directly. In such event, Client agrees to pay a conversion fee. The conversion fee is payable if Client hires the Professional, regardless of the employment classification, on either a full-time, temporary (including temporary assignments through another agency) or consulting basis within twelve months after the last day of the Professional’s assignment. Client also agrees to pay a conversion fee if a Professional is hired by (i) a subsidiary or other related company or business as a result of Client’s referral of the Professional to that company or (ii) one of Client’s customers as a result of the Professional providing services to that customer. The conversion fee will be owed and invoiced upon Client’s hiring of the Professional, and payment is due upon receipt of the invoice. The same calculation will be used if Client converts the Professional on a part-time basis using the full-time equivalent salary. The conversion fee will equal M (35%) of the Professional’s aggregate annual compensation, including bonuses. Miscellaneous. For a change to be valid, both parties must sign it. Additional or different terms in any written communication from Client (such as a purchase order) are void. Any terms of this SOW which by their nature extend beyond the termination of this SOW will remain in effect until fulfilled, including any payment obligations, and apply to each party’s respective successors and assignees. This SOW is the complete agreement regarding the engagement(s) identified on the first page of this SOW, and replaces any prior oral or written communications between RH and Client regarding such engagement(s). Signature: Email: Melissa McCormick (May 12, 2022 12:37 PDT) Melissa McCormick cityclerk@kentwa.gov PK-Robert Half Contract Final Audit Report 2022-05-12 Created:2022-05-12 By:Ronald Lashley (rlashley@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAUpz7tDZyGbfsNONK8uty4395nrGROY6n "PK-Robert Half Contract" History Document created by Ronald Lashley (rlashley@kentwa.gov) 2022-05-12 - 0:21:43 AM GMT- IP address: 146.129.252.126 Document emailed to kirsten.martin@roberthalf.com for signature 2022-05-12 - 0:26:47 AM GMT Email viewed by kirsten.martin@roberthalf.com 2022-05-12 - 0:30:33 AM GMT- IP address: 174.204.199.34 Document signing delegated to Megan Slabinski (megan.slabinski@roberthalf.com) by kirsten.martin@roberthalf.com 2022-05-12 - 3:45:40 PM GMT- IP address: 24.20.124.142 Document emailed to Megan Slabinski (megan.slabinski@roberthalf.com) for signature 2022-05-12 - 3:45:40 PM GMT Email viewed by Megan Slabinski (megan.slabinski@roberthalf.com) 2022-05-12 - 3:49:03 PM GMT- IP address: 24.16.232.246 Document e-signed by Megan Slabinski (megan.slabinski@roberthalf.com) Signature Date: 2022-05-12 - 4:28:38 PM GMT - Time Source: server- IP address: 24.16.232.246 Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature 2022-05-12 - 4:28:41 PM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2022-05-12 - 7:06:20 PM GMT- IP address: 146.129.252.126 Document e-signed by Julie Parascondola (jparascondola@kentwa.gov) Signature Date: 2022-05-12 - 7:06:45 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-05-12 - 7:06:47 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-05-12 - 7:33:18 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-05-12 - 7:37:03 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-05-12 - 7:37:03 PM GMT