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Home My WebLink AboutR-1994-113 Scott Wetzel Services, Inc.• RESOLUTION NO. R-94- 113 A RESOLUTION authorizing the City Manager and the City Clerk 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 administration of its workers' compensation claims; and WHEREAS, the City does not have 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, no%, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "On -Line Data Services Agreement" with Scott Wetzel Ser% ices, Inc for the purpose of obtaining on-line data services to assist administration of workers' compensation claims ADOPTED BY THE CITY COUNCIL this 21rri day of August- , 1994 C;74E ATTEST Mayor Xe AJL - , ) c_ -. City Clerk (1.1r../.cost wss.1 pre ON-LINE DATA SERVICES AGREEMENT AGREEMENT, made and entered into this - day of 1994, by and between SCOTT WETZEL SERVICES, INC , a ashington corporation, with its principal place of business at 500 Pacific Avenue, Bremerton, Washington 98310 (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 "Client"). 12- q WITNESSETH WHEREAS, Client maintains a self-insured plan to cover its workers' compensation exposures, and SWS provides claims administration services in connection therewith as set forth in the separate service Agreement between SWS and Client, and, whereas Client desires that SWS perform additional services in connection therewith, as herein set forth. NOW, THEREFORE, it is agreed as follows. 1 The term of this .Agreement shall be for a period of one (1) year commencing July 1, 1994 and ending June 30, 1995 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 of fees. 2 During the period of this Agreement, SWS shall provide on-line data services to Client 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 8.00 a.m. to 5 00 p.m. Pacific Standard Time (c) Provide up to two (2) hours of telephonic technical support per month. Subsequent expansion or modification of services, at the option of SWS, may be subject to additional charges. Page 1 of 4 (151agr/scott wstssl.{m 3 In consideration of the services to be performed by SWS hereunder, • Client shall pay to SWS (a) A system access charge based on one hundred seventy-five dollars ($175) per month which will be billed on a quarterly basis upon installation. • • (b) A charge of seventy-five dollars ($75) per month to cover SWS in- coming telephone service costs which will be billed on a quarterly basis upon installation. (c) A service charge based on twenty-one cents ($ 21) per CPU second which will be billed on a quarterly basis. (d) Training will be available at the rate of four hundred dollars ($400) per day (e) All travel costs associated with supplemental training, including SWS vehicle mileage at thirty-one cents ($ 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 Client 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 Client 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 Client. 4 Client agrees. (a) To pay to SWS the fees provided for hereunder (b) To pay direct costs associated with on-line data services Such costs shall include but not be limited to telephone line installation for both Client and SWS locations, monthly telephone service costs for Client locations; hardware costs. These costs will be paid directly by Client to the respective providers or, if initially paid by SWS, reimbursed to SWS by Client. 5 SWS will Indemnify and Hold Harmless Client from any and all loss, cost or expense to which Client may be subjected solely as a consequence of the willful misconduct or negligent acts or omissions of SWS and/or its Page 2 of 4 (110agr/ecott wetzel {m • employees in connection with fulfilling its obligation under this Agreement. 6 Client will Indemnify and Hold Harmless SWS from any and all loss, cost or expense incurred by SWS and/or its employees as a result of the performance of this Agreement by Client and/or its employees caused solely by the willful misconduct or negligent act or omission of Client and/or its employees. 7 SWS is retained by Client only for the purposes and to the extent set forth in this Agreement, and its relationship to Client shall be that of an independent contractor 8 Client agrees during the term of this Agreement and for a period of one (1) year following its termination it will not employ any person employed by SWS during the term of this Agreement without the prior written consent of SWS 9 Any notice required or permitted to be given under this Agreement shall be sufficient if given in writing and by registered or certified mail to Client or to SWS at the addresses first set forth above or to any other address of which written notice of change is given. 10 The waiver by SWS or Client of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 11 This Agreement is for the period provided for in Section 1 to be concurrent with the Claim Administration Agreement. Any continuation or renewal of this Agreement shall be the subject of further negotiation between parties 12 The obligation of SWS to perform its duties hereunder is conditioned upon Client's cooperation with SWS with respect to the activities of SWS 13 This Agreement may not be assigned by either party without the prior written consent of the other party 14 Any unresolved dispute between Client and SWS which may arise from the obligations of either party as set forth herein, will be resolved by arbitration Such arbitration shall be binding upon Client and SWS Each party will select an arbitrator The two arbitrators will select a third. If they cannot agree within thirty (30) days, either may request that selection be made by a judge of a court having competent jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally The laws of the State of Washington will apply Page 3 of 4 (1e)agr/ecott wetzel.pm 15. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. All terms, conditions, and definitions as set forth in the Agreement will be interpreted under the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate counterparts as of the date first above written. CITY OF YAKIMA By��- DICK ZAIS, City Manager A 11'EST• ,›4 CITY CLERK STATE OF WASHINGTON, ) R -� �-/ -/ / 3 • ss. • County ofd ctsA-P ) I certify that I know or have satisfactory evidence that So'-‘ ` S Y' is the . erson who appeared before me, and said person acknowledged that he i .igned this instrument, on oath stated that he/she was authorized to execu e the instrument and acknowledged it as the 4V P of Scott Wetzel Services, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED `t_i.-`{ Page 4 of 4 I10agr/acott w.t..1 pm os C442- A -4,1-T-4-07") NOTARY PUBLIC in and for the State of Washington, residing at W6 04 - My commission expires. 1-c T- 17