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Home My WebLink AboutR-1996-142 Agreement / Scott Weetzel SVCS / On-Line Data SVCS / Worker’s Comp• • • RESOLUTION NO R-96- 142 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an On -Line Data Services Agreement with Scott Wetzel Services, Inc. WHEREAS, the City of Yakima desires on-line data services in order to assist with the administration of its workers' compensation claims; and WHEREAS, the City does not have the staffing levels or specialized expertise; necessary to provide said on-line data services; and WHEREAS, Scott Wetzel Services, Inc has the experience and expertise necessary and is willing to perform said on-line data services to assist with the administration of the City's workers' compensation claims in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Scott Wetzel Services, Inc. whereby said entity will provide on-line data services in accordance with the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated On -Line Data Services Agreement with Scott Wetzel Services, Inc. for the purpose of obtaining on-line data services to assist with the administration of its workers' compensation claims. ADOPTED BY THE CITY COUNCIL this 15 day of OrtobE+r , 1996. -:*:,. ATTEST John Puccinelli Assistant Mayor City Clerk 11.1ru/.cott r.tr.1 m -1111..P • • • ON-LINE DATA SERVICES AGREEMENT THIS AGREEMENT, made and entered into this - day of 1996, by and between Scott Wetzel Services, Inc., a Washington corporation, with its principal place at 101 East Kennedy Blvd., Suite 2980, Tampa, Florida 33602 (hereinafter referred to as "SWS") and the City of Yakima, a municipal corporation, with its principal place of business at 129 North Second Street, Yakima, Washington 98901 (hereinafter referred to as the "City") WITNESSETH WHEREAS, the City desires on-line data services in order to assist with the administration of its workers' compensation claims, and WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide said on-line data services, and WHEREAS, SWS has the experience and expertise necessary and is willing to perform said on-line data services to assist with the administration of the City's workers' compensation claims in accordance with the terms and conditions of this Agreements. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and SWS as follows 1. Scope of Services. During the term of this Agreement, SWS shall provide on-line data services to the City as follows. a. Allow use of proprietary software necessary to access and utilize SWS data base. b Provide system access during normal weekday business hours (generally, 5 00 a.m. to 5 00 p.m. Pacific Standard Time) with user help response staffing from 800 a.m. to 5 00 p m. Pacific Standard Time. c. Provide up to two (2) hours of telephonic technical support per month. d. Provide such other on-line data services as requested by the City subject to fee and payment terms as mutually agreed by both parties. 2. Term of Agreement. The term of this Agreement shall be retroactive to July 1, 1996 and shall terminate on June 30, 1997, unless sooner terminated in accordance with either Section 3 or Section 12 Page 1 of 4 3. Consideration. In consideration of the services to be performed by SWS hereunder, the City shall pay to SWS a. A system access charge based on Two Hundred Fifty Dollars ($250) per month which will be billed on a quarterly basis upon installation and includes up to 240 CPU seconds usage per month. b A charge of Seventy -Five Dollars ($75) per month to cover SWS incoming telephone service costs which will be billed on a quarterly basis upon installation. c. A service charge based on Twenty -One Cents ($0.21) per CPU second which will be billed on a quarterly basis for usage in excess of 240 CPU seconds per month. d. Supplemental training will be available at the rate of Three Hundred Dollars ($300) per day e All travel costs associated with supplemental training, including SWS vehicle mileage at Thirty -One Cents ($0 31) per mile will be billed upon completion of training. f. Technical support in excess of two (2) hours per month will be charged at the rate of Seventy -Five Dollars ($75) per hour and will be billed quarterly g. Additional services requested by the City will be compensated at such fee and payment terms as mutually agreed by both parties. h. Invoices not paid on a timely basis will be surcharged a finance fee of twelve percent (12%) annual interest rate In the event the City fees are not paid within sixty (60) days of the date of invoice, SWS may terminate this Agreement, at its option, after ten (10) days written notice to the City 4. Direct Costs Associated With On -Line Data Services. The City shall pay direct costs associated with on-line data services. Such costs shall include but not be limited to telephone line installation for both the City and SWS locations, monthly telephone service costs for the City locations, and hardware costs These costs will be paid directly by the City to the respective providers or, if initially paid by SWS, reimbursed to SWS by the City 5. Status of SWS. SWS and the City understand and expressly agree that SWS is an independent contractor in the performance of each and every part of this Agreement. SWS and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. Taxes and Assessments. SWS shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and Page 2 of 4 11.I.Ja/.cocc r.ca.l oo-lin..p. • assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, SWS shall pay the same before it becomes due 7. Nondiscrimination Provision. During the performance of this Agreement, SWS shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 8. Compliance With Law. SWS agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9. No Insurance. It is understood the City does not maintain liability insurance for SWS and/or its employees. 10. Delegation of Professional Services. The services provided for herein shall be performed by SWS, and no person other than regular associates or employees of SWS shall be engaged upon such work or services except upon • written approval of the City 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by SWS to any other person or entity without the prior written consent of the City In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of SWS stated herein. • 12. Termination. The City may terminate this Agreement, with or without cause, by giving SWS sixty (60) days written notice of termination. 13. No Conflict of Interest. SWS represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. SWS further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 14. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 15. Integration. This written document constitutes the entire agreement between the City and SWS There are no other oral or written Agreements Page 3 of 4 1.Ia0cKocc wts.l m-11n..P between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows. TO CITY Personnel Officer Human Resources Division 129 North 2nd Street Yakima, WA 98901 TO SWS Executive Vice President Scott Wetzel Services, Inc. or to such other addresses as the parties may hereafter designate in writing Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate counterparts as of the date first above written. CITY OF YAKIMA SCOTT WETZEL SERVICES, INC. By By R A. Zais, Jr , City Manager Its. Al EST: City Clerk City Contract No Page 4 of 4 a.).gr,r..t ret.., �._�,..... • • • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No I'S For Meeting Of October 15, 1996 ITEM TITLE Agreement for Scott Wetzel Service, Inc On -Line Data Service SUBMITTED BY Archie M Sutton, Personnel Officer CONTACT PERSON/TELEPHONE. Archie M Sutton / 575-6124 SUMMARY EXPLANATION The attached resolution, upon City Council approval, will allow the City Manager to execute the attached agreement concerning On -Line Data Service with Scott Wetzel Service, Inc to assist in the expeditious administration of the City's Workers' Compensation Program The term of contract period shall commence July 1, 1996 and end June 30, 1997 The agreement may be terminated by either party giving not less than sixty (60) days written notice to the other party except for non-payment fees The total cost of the service will be a $250 00 per month access charge for 240 CPU •seconds, $75 00 per month Scott Wetzel in -coming telephone line service, and $0 21 per CPU second for usage in excess of 240 CPU seconds per month Projecting an annual fixed cost of $3,900 for access charge and in -coming line service, the CPU seconds shall be determined by the amount of usage in administering the Workers' Compensation Program Resolution x Ordinance _ Contract — Other (Specify) Funding Source 514 Workers Compensation Program APPROVED FOR SUBMITTAL. y Manager STAFF RECOMMENDATION Approve Contract BOARD/COMMISSION RECOMMENDATION OCOUNCILACTION: The Resolution was adopted. Resolution No. R-96-142 LegaVBD Agenda Stmt. M1 9/18/96