HomeMy WebLinkAboutContract 54055-A1 CSC No. 54055-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 54055
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City'), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and P.I.E.Management,LLC("Vendor"), City and Vendor may be referred to
individually as a Party and collectively as the Parties.
WHEREAS, on June 22, 2020, the Parties entered into City Secretary Contract 54055 to
provide temporary employment services ("Agreement/Contract");
WHEREAS, the contract included an exhibit with outdated information;
WHEREAS, the Parties wish to amend the Agreement to update the terms of the exhibit.
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Exhibit B attached to the Agreement is hereby removed and replaced in its entirety with
the Exhibit B attached to this Amendment.
Exhibit D attached to the Agreement is hereby removed and replaced in its entirety with
the Exhibit D attached to this Amendment.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
3.
ELECTRONIC SIGNATURE
This Amendment and Extension may be executed in multiple counterparts, each of
which shall be an original and all of which shall constitute one and the same instrument.
A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be
treated as and shall have the same effect as anoriginal.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
/n By signing I acknowledge that I am the person
f 'r responsible for the monitoring and administration
By: Valerie Washington(Nov 6,202012:02 CST) of this contract,including ensuring all
Name: Valerie Washington performance and reporting requirements.
Title: Assistant City Manager
Date: Nov 6, 2020 homer Roberf50n
Homer Robertson(Oct 9,2020 17:31 CDT)
APPROVAL RECONINWN'DED: Name: Homer Robertson
Title: Assistant Fire Chief
APPROVED AS TO FORM AND LEGALITY:
By: J s Davis(Nov 6,202011:13 CST)
FORr�aa
Name: James Davis gag94nn� (�.ti
a
Title: Fire Chief .0 °° °°°1oa0, By:
o~s Name: Taylor Paris
ATTEST: 0° o=d Title: Assistant City Attorney
a o° °
aaQa�nnEXAso�p CONTRACT AUTHORIZATION:
M&C: Not applicable
By; r Ronald P.Gonzales(Nov 6,202012: T) a 1295: Not applicable
Name: Mary J. Kayser
Title: City Secretary
VENDOR:
P.I.E. Management , L.L.C. ATTEST:
Wi66iaw A. �%Xl s
By. .. ., P —
Name: William A. Phillips By:
Title: President and C.E.O. Name:
Date:
Oct 9,2020 Title:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Exhibit C
Vendor's Quote
Amendment to CSC_54055 Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.
Santos, Betty
From: Stacy Kendrick <skendrick@piemanagement.com>
Sent: Tuesday,August 18, 2020 4:10 PM
To: Santos, Betty
Subject: RE: OT Pay and Bill Rate
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments
CAUTION:
you recognize the sender and know the content is safe.
Hi Betty,
The markup is 27%.The OT bill rate below is an error. Based on the OT pay rate,the OT bill rate should be$47.63.
Sorry for the error listed below.
Thank you,
Stacy Kendrick
P.I.E. Management, LLC
254-246-8062 (Office)
313-929-5203 (Cell)
254-246-8063 (Fax)
www.piemanagement.com
From:Santos, Betty<Betty.Santos@fortworthtexas.gov>
Sent:Tuesday,August 18, 2020 4:07 PM
To:Stacy Kendrick<skendrick@piemanagement.com>
Subject: FW: OT Pay and Bill Rate
Importance: High
Hello, we are processing Camillia's invoices but the OT rate on the invoices do not match
what you provided back in March. Would you please correct invoice 55 & 56?
13ett4 Smite's I CFW DEM 1 517-3612-(P174
From: Ryan, Camillia
Sent: Friday, March 20, 2020 5:37 PM
To: Cox,Justin Allan<Justin.Cox@fortworthtexas.gov>; Santos, Betty<Betty.Santos@fortworthtexas.gov>
Subject: FW: OT Pay and Bill Rate
See below
1
From:Stacy Kendrick [mailto:skendrick@piemanagement.com]
Sent: Friday, March 20, 2020 5:35 PM
To: Ryan, Camillia<Camillia.Ryan@fortworthtexas.gov>
Subject: RE: OT Pay and Bill Rate
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments
unless you recognize the sender and know the content is safe.
Hi Camillia,
I'll doing okay. I hope you are doing well. Please see below:
Pay rate: $25 per hour
Bill Rate: $31.75 per hour
Overtime pay rate: $37.50 per hour
Overtime bill rate: $40.32 per hour
Please let me know if anything else is needed.
Thank you and be safe.
Stacy Kendrick
P.I.E. Management, LLC
"Exceeding Customer Expectations"
www.piemanagement.com
From: Ryan, Camillia<Camillia.Ryan@fortworthtexas.gov>
Sent: Friday, March 20, 2020 5:50 PM
To:Stacy Kendrick<skendrick@piemanagement.com>
Subject: OT Pay and Bill Rate
Hi Stacy. I hope you're well
We need to know what my overtime bill rate and pay rate is. With everything going on I'm working more hours.
Thanks,
Camillia
Camillia Ryan
Contractor/Buyer
City of Fort Worth
Fire Department/Office of Emergency Management
200 Texas Street
Fort Worth,TX 76102
817-392-6170(office)
817-994-2881 (cell)
2
CSC No. 54055
FORT WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT (BASED UPON AN INTER-LOCAL AGREEMENT)BETWEEN
THE CITY OF FORT WORTH AND P.I.E.MANAGEMENT,L.L.C.
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS,pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and
the City of Waco (Name of other Entity) have entered into an Inter-local Cooperative Purchasing
Agreement on November 18, 2019, (CSCO 53074) which provides that when the one of the Local
Government Entities enters into a contract with a Vendor for goods and services, the other Local 4
Government is able to enter into a Purchase Agreement with the Vendor under the same terms and
conditions offered to the Original Local Government Entity so long as the Vendor is agreeable Copy
Attached as Exhibit A;
WHEREAS P.I.E.Management,L.L.C., (Vendor) and the City of Waco (Name of other Entity)entered
into a Purchase Agreement on November 1,2018,for providing temporary employment services and this
Agreement allows other Local Governmental Entities to enter into a Purchase Agreement with Vendor
under the same terms and conditions. (Copy attached as Exhibit B);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and
collectively as the "Parties entered into this Purchase Agreement by and between P.I.E. Management,
L.L.C., ("Vendor")and the City of Fort Worth,("City");
The Parties agree that any references to the City of Waco in Exhibit B shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure
to the City as if the contract in Exhibit B were originally executed between the City and Vendor.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A— Agreement between the City of Fort Worth and the City of Waco;
2. Exhibit B— Contract between the City of Waco and Vendor for providing temporary
employment services, identified as Contract No.K 18-635;
3. Exhibit C— Vendor's Quote or Pricing, Scope of Services or Purchase Order;
4. Exhibit D— Conflict of Interest Questionnaire.
Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.Vendor agrees to provide City with the services and goods included in Exhibit
Purchase Agreement Between the City of Fort Worth and P.I.E. Management,L.L.C.Page 1 of 52
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto.In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any
additional items or services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this Agreement shall be for one year beginning on June 1,2020 and ending on May
31, 2021.
Vendor agrees that City shall,until the expiration of three (3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent documents and records of Vendor
involving transactions relating to this Agreement.Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits,and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: City of Fort Worth To VENDOR:
Attn: Valerie R. Washington,Assistant City
Manager, P.I.E. Management,L.L.C.,
William A.Phillips,President and
200 Texas Street,Fort Worth,TX 76102-6314 C.E.O., 7215 Bosque Blvd, Waco, Texas
With copy to Fort Worth City Attorney's Office 76710 Ph: 254-246-8062
at same address email: wphillips@piemanagement.com
[SIGNATURES FOLLOW]
Purchase Agreement Between the City of Fort Worth and P.I.E. Management,L.L.C.Page 2 of 52
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By: Valerie Washington(Jun 22,202012:01 CDT) responsible for the monitoring and administration
Name:Valerie R. Washington of this contract,including ensuring all performance
Title:Assistant City Manager and reporting requirements.
Date: Jun 22, 2020
Nomer Robertson
APPROVAL RECOMMENDED: By: Homer Robertson(Jun 22,202010:41 CDT)
Name: Homer Robertson
Title: Asst.Fire Chief
By: J s Davis(Jun 22,202011:35 CDT) APPROVED AS TO FORM AND LEGALITY:
Name: James Davis
Title: Fire Chief
2 Gv1.G,2
ATTEST: By: Tayl aris(Jun 22,202011:40 CDT)
Name: Taylor Paris
Title: Assistant City Attorney
By: CONTRACT AUTHORIZATION:
Name: Mary Kayser M&C: Not applicable
Title: City Secretary
VENDOR:
P.I.E. Management,L.L.C. ATTEST:
W/74'I l X 2l Q f
By: William A.Phillips(Jun 20,20201:32 EDT)
Name: William A. Phillips, BY:
Title: President and C.E.O., Name:
Date: J u n 20, 2020 Title:
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 3 of 52
Exhibit A
Agreement between the City of Fort Worth and the City of Waco;
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 4 of 52
. City of Fort Werth&City of Waco �Pjy)
z{; t Cooperative Purchasing Agreement
PORT WORTH CITY SECRETARY
-74
r CONTRACT NO..530
Vr`
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement("Agreemenf)is made and entered into as of the
date written below between the City of Waco CWAaD and the City of Fort Worth,Texas
{"Fort Worth').
WHEREAS,both Waco and Fort Worth have each determined a need for a cooperative
agreement to purchase like goads and services to avoid duplicate procurement efforts and
obtain the,benefits of volume purchasing;and
WHEREAS, Waco and Fort Worth are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs.
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein,Waco and Fort Worth agree as follows.
SECTION 1. The purpose of this Agreement is to provide Waco and Fart Worth with
additional purchasing options by satisfying the provisions of Section 271.102 of the Local
Government Code.
SECTION 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of,and on behalf of,the designating party(the"Designated
Representative).
SECTION 3. At the request of the other party,a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the
vendor°s agreement to offer those goods and services to the other party (the "Second
Purchasing Partyl for the same price and on the same terms and conditions as have been
offered to the First Purchasing Party. Ifthe vendor so agrees,and ifthe Second Purchasing
Party is agreeable to such terms and conditions, the Second Purchasing Party may enter
into its own separate contract with the vendor for the purchase of such goods or services.
SECTION 4. Unless otherwise agreed between the .Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to the
vendor and not to the First Purchasing Party The Second Purchasing Party shall have the
responsibility of determining whether the vendor has complied with any provisions in its
contract with the vendor, including but not limited to those relating to the quality of items
and terms of delivery, and shall be responsible for enforcement of its contract against the
vendor,including all cost of enforcement.
SECTION 5. This Agreement will be subject to all applicable federal, state and local
laws,ordinances,rules and regulations.
f
K PC
P
Page I of 3rx
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 5 of 52
City of Fort Worth&City of Waco
Cooperative Purchasing Agreement
SECTION 6. This Agreement may heterminated by either party, without cause or
penalty,upon not less than thirty days written notice to the other party.
SECTION 7. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
SECTION 8. If any action,whether real or asserted,at law or in equity,arises on the basis
of any provision of this Agreement,venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District of
Texas—Fort Worth Divisiom This Agreement shall be construed in accordance with the
laws of the State of Texas.
SECTION 9. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable,the legality,validity or enforceability of the remaining terms or provisions
of this Agreement shall not be affected thereby,and in lieu of each such illegal,invalid or
unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or provision declared
illegal,invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Waco or Fort Worth to
make any purchase,to pay any membership fee or to otherwise or in any manner incur any
cost or obligation.
SECTION 11, This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and all of which shall constitute but one and the same
instrument.
SECTION 12. The undersigned officers and/or agents are properly authorized to
execute this Agreement on behalf of the parties hereto and each party hereby certifies to
the other that any necessary actions extending such authority have been duly passed and
are now in full force and effect.
SECTION 13. All notices, requests, demands, and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon the delivery or receipt thereof,as the case may be,
if delivered personally or sent by registered or certified mail, Tetum, receipt requested,
postage prepaid,to the respective city representative set out below,or his/her designee.
Page 2 of 3
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 6 of 52
City of Fort Worth&City of Waco
Cooperative P=hasing Agreement
EXECUTED day of2Le4l"'- .2019.
CITY OF FORT WORTH CITY OF WACO
200 Texas Street P.O.Boa 2570
Fort Worth,Texas 76102 Waco,Texas 7+6702
By: By:
Kevin
Title: Interim Assistant Chy Mgmear Title: Qy Mmiager
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney Entity Mtorney Title
M&C P-12061 June 13 2017 b)Q 3 ,, { 019
Contract Autho ' 'on p Contract Authorization
F
? �
#�it
Mary J.Ka i S ,
Date b ,3 Date
R77�d
Cynthia Garcia,Assistant Director—Purchasing
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract,including
zuring performance and reporting
ts.
it�Aiia darcia,Assistant Director—Purchasingary
'�-r
Page 3 of 3
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 2""
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/13/2017
DATE: Tuesday,June 13,2017 REFERENCE NO.: **P-12061
LOG NAME: 13PI7-COOPMJFMS
51111JEC :
Authorize Utilization of Cooperative Purchasing Agreements for Goods and
Services Between the City of Fort Worth,Local Governments and Local
Cooperative Organizations Authorized by the Texas Local Government Code
(ALL COUNCIL DISTRICTS)
KECOHMENDA�T ON:
It is recommended that the City Council authorize the City Manager to
execute Cooperative Purchasing Agreements for goods and services between
the City of Fort Worth,local governments and local cooperative purchasing
organizations authorized by the Texas Local Government Code.
DISCUSSION:
The Purchasing Division will use this authorization to contract with local
governments and local cooperative organizations to obtain goods or
services. The use of these Cooperative Agreements allows the City to take
advantage of lower prices without the cost of competitive bidding by
obtaining access to existing competitively procured contracts with entities
such as Tarrant County,Houston-Galveston Area Council,Texas Association
of School Boards'Local Government Purchasing Cooperative and U.S.
Communities.
This authorization will allow other local governments such as Tarrant
County,the City of Arlington and the City of Grand Prairie to participate
in contracts awarded by the City that may result in the addition of other
entities'quantities at the next bidding opportunity.Increasing the volume
of goods and services increases the possibility of lower prices to the City
through greater economics of scale.
Section 271.102(a)of the Texas Local Government Code allows local
governments to participate in cooperative purchasing programs. Section
271.102(c)of the Code provides that a local government purchasing goods or
services under a cooperative purchasing program satisfies any state law
requiring that the local government seek competitive bids for purchase of
the goods or services.The contracts for goods and services have been
competitively bid to increase and simplify the purchasing power of local
governments across the State of Texas.
The last Mayor and Council Communication(11'1&C)regarding authorization to
enter into Cooperative Agreements was approved on January 15,2008(M&C
P-107 10).The Purchasing Division will seek authorization to enter into
Cooperative Agreements every five years.
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 8 of 52
The Law Department recommends that the Purchasing Division review the
Cooperative Agreements periodically and the Purchasing Division shall
conduct such reviews.
Approval of this Mayor and Council Communication will not commit the City
to spend any funds.Purchases through a Cooperative Agreement that exceed
the administrative procurement threshold provided in the City Code of
Ordinances will be presented to City Council for authorization as required.
This M&C does not request approval of a contract with a business entity.
EIS!CAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the authorization of this M&C will
have no material effect on City funds.
BQN\17-COOP\MJ
FLESL!IDENTIFIERS IEI]Ds):
Y-0
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartrield 2)
F1WM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Managgr"s Office by; Susan Alanis (8180)
i2riginating ftartment ffggd: Aaron Bovos (8517)
Additional Information Cgntact: Jack Dale (8357)
Marilyn Jackson (2059)
ATTACHMENTS
No attachments found.
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 9 of 52
Exhibit
Contract between the City of Waco and Vendor for providing temporary employment
services, identified as Contract No. K1B'G35
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 10 of 52
K 191�3,5- v,906NO
TEMPORARY EMPLOYMENT SERVICES AGREEMENT �04 1 6 V18
This Agreement ("Agreement") is entered into by and between the CITY OF WACO, TE0VE00S
hereinafter called the "City" and P.I.E. MANAGEMENT, L.L.C. hereinafter called the
"Contractor"collectively referred to as "the parties."
RECITALS
WHEREAS, the City utilizes temporary employment providers at various times throughout the
year to obtain temporary workers;and
WHEREAS, Contractor desires to perform as an independent contractor to provide temporary
employment services from time to time to the City upon the terms and conditions maintained in
this Agreement;
THEREFORE, in consideration of the mutual promises and covenants contained herein, the
City and Contractor agree as follows:
Agreement
a. Contractor agrees to perform those services for the City that are specified on EXHIBIT A
(the"Services"), attached hereto and incorporated, through Contractor's employees at City
Facilities.
b. Non-exclusive Relationship. Nothing contained in this Agreement shall be construed so
as to create an exclusive relationship between the City and Contractor. The City shall be
free at its option to use any number of contractors (i) to supply all of the City's temporary
worker needs and or(ii) to supply a temporary worker for any single job. Further, the City
may reduce, at any time, the number of temporary workers supplied by the Contractor to the
City (irrespective of the course of dealing between the parties) and may at its option cancel
or withdraw any requisition.
c. Professional Standards. Contractor shall use its commercially reasonable efforts to render
Services under this Agreement in a professional and business-like manner and in accordance
with the standards and practices recognized in the industry.
2. Term
a. Initial Term. The term of this Agreement shall be for one year beginning on October
1. 2018 through September 30, 2019. Any extensions will be by mutual written
agreement between Contractor and the City..
b. Renewal Periods. This Agreement shall be automatically extended each year an
additional term of one year upon the terms and conditions contained herein, unless (i)the
City notifies Contractor by giving written notice thirty(30)days prior to the expiration of
the initial (or renewal) term of the City's intent to cancel this Agreement, or(ii)the City
and the Contractor fail to mutually agree in writing at least sixty (60) days prior to the
end of the initial (or renewal) term on a revised Rate Schedule and Certificate of
Insurance, as required in Article 9 of this Agreement, to be applicable to any additional
term. A revised Rate Schedule and Certificate of Insurance must be received by the City
prior to each renewal period,
Page 1 of 11
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 11 of 52
3. Payment and Terms
a. Rate Schedule. The City agrees to Pay Contractor for the services performed by
Contractor's employees and provided hereunder in accordance with the rates set forth in
the Rate Schedule attached hereto as EXHIBIT B and made a part of this Agreement, for
all time devoted directly to the City by Contractor's employees as may be necessary and
required for the proper performance of the services. Except to the extent provided in
Section 3(b) hereof, these payments shall constitute full and adequate consideration to
Contractor for all labor, services furnished to the City, and the City shall not be obligated
to pay any additional fees, costs or other sums to Contractor beyond what is identified on
Exhibit B. Contractor must provide a standardized time card for all of Contractor's
employees assigned to the City.
b. Additional Expenses. The City will not pay any additional costs without written prior
approval from the City. This will include any fees associated with health insurance for
any temporary worker not enrolled in Contractor's health care plan.
c. Terms of Payment. The City will pay Contractor weekly following the acceptance of a
correct invoice in a form previously approved by the City. The City shall not be
obligated by pay Contractor for any services under this Agreement unless the City has
issued to Contractor a Requisition executed by an authorized agent of the City.
Contractor agrees to invoice on or before the tenth (10 Ib) of the month for all services
provided, but not yet invoiced, in the prior month, in accordance with the payment terms
specified above, in the Requisition and per the rates specified in the Rate Schedule,
Failure of Contractor to invoice in accordance with such terms and rates and otherwise
as specified herein and in each Requisition will be considered an event of default and the
City shall have the right to terminate this Agreement and each Requisition previously
issued hereunder. Additionally, the City reserves the right to contest any inaccurate,
incomplete or otherwise nonconforming invoice. The City's failure to pay any disputed
fee or other sum shall not be an event of default under this Agreement;provided that the
City has given notice to Contractor of its objection to any such fee or other sums.
4. Termination
a. Either party may terminate this contract for any reason, without cause and at any time
by furnishing to the other party thirty(30) days prior written notice. Upon termination,
the City shall be obligated to compensate Contractor for any services performed and
payments earned hereunder up to the date of termination. Contractor shall be obligated
to provide services until the date of termination. Neither party shall be entitled to any
other compensation based upon this contract.
b. In the event of termination, all information and all City property in Contractor's
possession shall be forwarded to the City. Upon the City's receipt of all such
information, and property the City shall pay Contractor for satisfactory services
performed up to the effective date of the termination at the specified rates or rates in
accordance with the Rate Schedule, Such payment shall be the City's sole obligation
and Contractor's sole remedy in the event of termination by the City. In no event shall
the City be liable for incidental or consequential damages or lost profits. RECEM
Page 2 of 11 NOV 16 2918
Purchase Agreement Between the City of Fort Worth and P.I.E.management,L.L.C.Page 12 of 52 HUMMM
5. Standard of Performance.
a. Provision of Services. All services to be provided by Contractor under this Agreement
shall be provided and performed in accordance with high professional standards and
prudent business judgment and standards.
. Applicable Law/Compliance. Contractor agrees to comply (i) with all applicable
Federal, State and local laws, statutes, executive orders, rules, regulations and
ordinances in its performance of this Agreement and any act by Contractor in connection
herewith and (ii) with all Federal and States Laws, statutes, executive orders, rules and
regulations pertaining to Contractor's operation and its authority to offer the services
and engage in the activities contemplated in this Agreement or conduct its business,
including but not limited to the Federal Social Security Act, the State and Federal
Unemployment Insurance Acts, the State Worker's Compensation Laws, State and
Federal Wage and Hour laws, the Occupational Health and Safety Act, all State and
Federal and local Employment Laws, and all other laws and regulations. Contractor
shall establish appropriate procedures and controls so that the services under this
Agreement will not be performed by using any person who is not legally eligible for
such employment under United States immigration laws. Contractor acknowledges and
agrees that it shall be responsible for complying with the Immigration Reform and
Control Act with respect to its employees.
c. Compliance with City Policies. Contractor's employees and agents shall comply with
all policies of the City while on the City's premises and/or while providing services for
the City.
(1) Harassment Policies, Contractor acknowledges that it is the policy of the City to
prevent all forms of harassment in the workplace, including without limitation to
sexual harassment. Contractor agrees to cooperate with the City in effecting such
policy with regards to the Contractor's employees while working for the City.
(2) Removal of Contractor's Employees. The City may request that Contractor
remove,or cause to be removed,any employee(s)from the City's premises,owned or
leased, for any reason and Contractor shall immediately comply.
6. Accounting Records and Audit
Contractor agrees to maintain complete and accurate accounting records, to substantiate
Contractor's charges hereunder (including payroll records, time cards, attendance cards
and disciplinary action, etc.) and to retain such records for three (3) years (or for such
longer period as may be required by applicable laws) after completion of all Requisitions
issued under this Agreement. During the term of this Agreement and during the
respective periods in which Contractor is required to maintain records hereunder, the
City shall have access during normal business hours to all of Contractor's records
pertaining to its activities in connection with the performance of this Agreement for the
purpose of conducting audits. The City shall have the right to retain an independent third
party to conduct any such audit. The provisions of this Section 7 shall survive the
expiration or termination of this Agreement MCIENED
Page 3 of 11 Nov 16 20 a
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.G.Page 13 of 52 No OWES
7. Confidentiality
In connection with the performance of the services hereunder' the City may disclose to
Contractor and its employees information considered to be confidential information and/or
a trade secret (All such material and information is hereinafter referred to collectively as
the "Information"). Information shall mean any information concerning the City's
business, operations or technology and all material and information made available to
Contractor under this Agreement or in connection herewith or obtained by Contractor,
directly or indirection, from any source whatsoever (including orally or in writing) in
conjunction with the performance of this Agreement or otherwise in connection herewith.
Contractor agrees to hold all such Information in trust and confidence for the City and to
maintain at all times adequate procedures to prevent loss. Contractor shall not make any
copies of such Information without the prior written approval of the City and shall return to
the City upon demand any such Information. Contractor shall (i) use the Information
solely for the purpose of performing its obligations under this Agreement, (ii) take
reasonable steps and procedures (and where appropriate under the circumstances, provide
security protection) to keep the Information confidential, (iii) expressly require each of its
employees and agents exposed to any of the Information to keep all Information
confidential.
8. Independent Contractor
a. Contractor shall carry out the terms of this Agreement as an Independent Contractor and
not as an agent, servant, or employee of the CITY. Contractor shall not receive any
employee benefits. Likewise, the employees of Contractor are not the agents, servants, or
employees of the CITY. For all purposes hereunder, Contractor is and shall be deemed
to be an Independent Contractor and it is mutually agreed that nothing contained herein
shall be deemed or construed to constitute a partnership or joint venture between
Contractor and the CITY.
b.Under no circumstances shall the City be considered the legal employer of any temporary
workers placed with the City by the Contractor. As such, the City provides no benefits of
any kind to any temporary workers assigned to the City by the Contractor. Nor shall the
City compensate the temporary workers directly for their services. The Contractor shall
bear fall responsibility for compensating the temporary workers, for providing any
benefits to workers required by law, for implementing all income withholding and
reporting procedures required by federal, state, city and/or municipal tax laws, and for
maintaining adequate workers compensation coverage as required by law.
9. Insurance
a. A contractor's financial integrity is of interest to the City. Therefore, subject to a
contractor's right to maintain reasonable deductibles in such amounts as are approved by
the City, a contractor shall obtain and maintain in full force and effect for the duration of
the contract, and any extension hereof, at contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized to do business in the State of
Texas that are rated A- or better by A.M, Best Company and/or otherwise acceptable to
the City in the following types and amounts:
REMKD
Page 4 of 11 No, 1 6 nia
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 14 of 52 R"MONO
b.
Type Amount
Workers'Compensation Statutory
Employer's Liability $1,000,0001$1,000,000/$1,000,000
Comprehensive General Liability $1,000,000 per occurrence;
Including: $2,000,000 General Aggregate, or
• Premises/Operations its equivalent in Umbrella or Excess
• Independent Contractors Liability Coverage
• Products Liability/Completed
Operations
• Personal&Advertising Injury
• Broad form property damage,
to include fire legal liability
Employee Theft Prevention/Employee $1,000,000 per occurrence
Dishonesty Policy
• Including a third party
coverage endorsement naming
the City
Business Automobile Liability $1,000,000 per occurrence or its
a. Owned/leased vehicles equivalent on a combined single
b. Non-owned vehicles limit(CSL basis).
c. Hired vehicles
c. Term of Policy: The required insurance coverage must remain in effect for a two (2)
year
period following the expiration or completion of the contract with the City.
d. Modification of Insurance Requirement: The City reserves the right to review these
insurance requirements during the effective period of the contract and any extension or
renewal hereof and to modify insurance coverages and their limits when deemed
necessary and prudent by City's Risk Manager based upon changes in statutory law, court
decisions, or circumstances surrounding this contract. In no instance will the City allow a
modification which results in the City incurring increased risk.
e. Proof of Insurance Required and When to Submit:
Examination&Approval. All insurance policies shall be subject to the examination and
approval of the City for their adequacy as to form and content,form of protection,and
financial status of insurance company.
f* Contractors with Multiple Projects. Contractors who have multiple projects with the
City will provide the general liability aggregate in a project form with the name and/or
location of the project listed in the comments section of the certificate of insurance. RECEWED
Page 5 of 11 001 1 � JV
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 15 of 52
g. When to Submit. Prior to the execution of the contract by the City of Waco and before
commencement of any work under this contract, a contractor shall furnish original proof
of insurance to the City's Risk Manager which is clearly labeled with the contract name
and City department. The proof will include completed/current Cerdficate(s) of
Insurance, endorsements, exclusions, and/or relevant extracts from the insurance policy,
or copies of policies. Thereafter, new certificates, policy endorsements, exclusions,
and/or relevant extracts from insurance policies, or policies shall be provided prior to the
expiration date of any prior certificate, endorsement, or Policy. No officer or employee
other than the City's Risk Manager shall have authority to waive this requirement.
h. Additional Insured. Except for Workers' Compensation and Employers' Liability, the
City, its elected officials, officers, servants, agents, volunteers and employees shall be
named as Additional Insureds on the policy. No officer or employee, other than the City
Risk Manager, shall have authority to waive this requirement,
i. Other-Insurance Endorsement -- All insurance policies are to contain or be endorsed
to state that an "Other Insurance"clause shall not apply to the City where the City is an
additional insured shown on the policy.
j. Agent Information. The certificate(s) or other proof of insurance must be completed
by an agent authorized to bind the named underwriter(s) and their company to the
coverage, limits, and termination provisions shown thereon, containing all required
information referenced or indicated thereon. The original certificate(s) or form must
have the agent's original signature, including the signer's company affiliation, title and
phone number. The proof of insurance shall be sent directly from the insurance agent to
the City's Risk Manager by U.S. Postal Service to City of Waco, ATTN: Risk Manager,
P.O. Box 2570, Waco, Texas 76702-2570 or by delivery service to 1415 North 4'
Street, Waco, Texas 76707. To send by fax or email,please contact the Risk Manager at
254-750-8061 to obtain the fax number or email address.
k. Precondition to Performance &Basis for Termination. The City shall have no duty
to pay or perform under the contract until such certificate(s), policy endorsements,
exclusions, and/or relevant extracts from the insurance policy have been delivered to and
approved by the City's Risk Manager. The contractor understands that it is the
contractor's sole responsibility to provide this necessary information to the City and that
failure to timely comply with these insurance requirements shall be a cause for
NO 1 6 7016 termination of a contract. If the City determines that it will deny payment, not perform,
or terminate the contract because of the failure to provide certain information or
NOW documents, the City shall give the contractor notice of that determination and allow
contractor fifteen(15) days to correct the deficiency.
1. Waiver of Subrogation. Workers' compensation and employers' liability policies will
provide a waiver of subrogation in favor of the City.
in. Notice of Cancellation,Non-renewal,Material Change. The Contractor shall provide
written notification to the City of the cancellation, non-renewal, or material change of
any insurance required herein. The Contractor shall provide such written notice within
Page 6 of 11
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C. Page 16 of 52
five (5) business days of the date the Contractor is first aware of the cancellation, non-
renewal, or material change, or is first aware that the cancellation, non-renewal, or
material change is threatened or otherwise may occur, whichever comes first.
Contractor shall provide the City with a replacement certificate(s) of insurance, policy
endorsements, exclusions, and/or relevant extracts from the insurance policy either
before the cancellation, non-renewal, or material change is effective, if it knew in
advance of such, or within ten (10) business days of first learning of the cancellation,
non-renewal, or change if it did not learn of that such action in advance.
10.INDEMNIFICATION.
A. A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY
AGREES TO ASSUME FULL RESPONSIBILITY AND LIABILITY FOR
THE SERVICES RENDERED PURSUANT TO THE CONTRACT AND
AGREES TO INDEMNIFY, PROTECT, DEFEND, AND HOLD
HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND SERVANTS,
OF.AND FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS
OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF
DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF,
PERSONS AND ANY LOSSES FOR DAMAGES TO PROPERTY
CAUSED BY OR ALLEGED TO BE CAUSED, ARISING OUT OF, OR
ALLEGED TO ARISE OUT OF, EITHER DIRECTLY OR INDIRECTLY,
OR IN CONNECTION WITH, THE SERVICES TO BE RENDERED
HEREUNDER, WHETHER OR NOT SAID CLAIMS, DEMANDS,
CAUSES OF ACTIONS ARE CAUSED BY CONCURRENT
NEGLIGENCE OF THE CITY AND A PARTY TO THIS AGREEMENT,
OR WHETHER IT WAS CAUSED BY CONCURRENT NEGLIGENCE OF
THE CITY AND SOME OTHER THIRD PARTY. THE CONTRACTOR
AGREES THAT ANY INSURANCE CARRIER INVOLVED SHALL NOT
BE ENTITLED TO SUBROGATION UNDER ANY CIRCUMSTANCES
AGAINST THE CITY,ITS OFFICERS, OFFICIALS,AND EMPLOYEES.
B. Employee Litigation: In any and all claims against any party indemnified
hereunder by any employee (or the survivor or personal representative of such
employee) of the contractor, any subcontractor, any supplier, or any individual or
entity directly or indirectly employed by any of them to perform any of the work,
or anyone for whose acts any of them may be liable, the indemnification
obligation herein shall not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by or for contractor or any
such subcontractor, supplier, or other individual or entity under workers'
compensation or other employee benefit acts.
C. Notice of Claim. Each party shall provide the other written notice of the
assertion of any claim which may be subject to indemnification, as soon as
practicable after such claim is received. Failure to provide notice of the assertion
of such a claim shall not be deemed a waiver of any right of indemnification or of
any other rights which accrue under this Agreement. RECEWED
Page 7 of 11 Nov 16 7a1
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,LLC.Page 17 of 52 mmmowm
10. Representations and Warranties of Contractor. Contractor represents and warrants to
the
City as follows:
a. Organization. Contractor is duly organized,validly existing and in good standing under
the law of the State of its formation and is qualified to do business in all jurisdictions in
which it conducts its business, with fall corporate powers to own its properties and to
conduct its business as presently conducted and as required to perform its obligations
under this Agreement.
b. Skill and Knowledge. Contractor represents that each of its management staff members,
employees and agents has the requisite skill, knowledge and expertise and Contractor has
the requisite financial strength, procedures, equipment, processes, (including computer
information system) and facilities to provide and perform all of the services to be
provided and performed under this Agreement in strict conformity with the terms a n rm d
conditions hereof. n
c. Standard Procedures. Contractor currently has and shall maintain and consistently
implement standard procedures (i) for recruiting workers that possess skills and
characteristics specified by the City and (ii) for conducting national based background
checks, reference checks,, and drug screens all in accordance with all applicable Federal,
State and local laws.
d. Corporate Approvals. All corporate proceedings legally required to be taken by
Contractor in connection with the authorization and execution of this Agreement and the
performance of its obligations hereunder and related hereto, and all such approvals,
authorizations, consents, licenses, and other order of State, Federal or local regulatory
agencies,public boards or bodies (collective, "Governmental Approvals"), if any, as may
be legally required to be obtained by Contractor with respect to all or any such matters,
have been taken or obtained and Contractor shall take all necessary action to maintain all
such Governmental Approvals in fall force and effect throughout the term of this
Agreement.
e. Authority. Contractor has full legal authority to engage in the activities covered by this
Agreement and the execution and delivery of this Agreement and compliance with its
terms, conditions, and provisions will not conflict with or result in a breach of any of the
terms, conditions or provisions of the formation document or bylaws of Contractor or
any agreement or instrument to which it is a party or by which it is bound, or any law,
regulation or administrative decree or order to which it is subject, or constitute a default
thereunder.
f. No Restrictions. Contractor is not a party to or bound by any agreement or instrument
or subject to any charter or any other corporate restriction or any judgment, order, writ,
injunction, decree, law or regulation which may materially and adversely affect the
ability of Contractor to perform its obligations under this Agreement or which req�MEWZID
Page 8 of 11 Nov 16 2018
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 18 of 52 HUMAN NOM
the consent of any third person to the execution of this Agreement or the transactions
contemplated hereby.
g. True and Accurate Information. All documents and other information previously
delivered and provided to the City in conjunction with the services to be provided and
performed hereunder remain true and accurate, including without limitation, all
representations, warranties, and certifications contained in any such document and other
information.
11. Force majeure
Neither the City nor the Contractor shall be deemed in violation of this Agreement if it is
prevented by performing any of the obligations hereunder by reason of strikes, boycotts,
Iabor disputes, embargoes, act of God, acts of the public enemy, acts of superior
governmental authority, riots,rebellion, sabotage, or other circumstances for which it is not
responsible or which is not within its control.
12. Notices.
a. All notices required or permitted under this Agreement shall be in writing and shall be
deemed delivered after ten (10) days from the date shown to be mailed. Notices may
also be delivered via e-mail where authorized under this Agreement.
b. Notice to City shall be delivered to:
ATTN:Missie Pustejovsky
Human Resources Department
P.O. Box 2570
Waco, Texas 76702-2570 RECEWO
Email: missiep@wacotx.gov
Noy
c. Notice to Contractor shall be delivered to the following address:
_w,11,4. ' a. DP,11,G5
72 1 r 13-s.*ve olvD, A#Oc ;*e 74'W c,
?Sy- .2,1c"fah Z, wp.,V,l!%Ps a Pre rr,4—a�ewr e_r C&�_
d. Such addresses or contact persons may be changed from time to time by either party by
providing written notice to the other in the manner set forth above.
13. Funding
All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non-appropriation of
funds by the City Council of the City of Waco for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then-current fiscal year or when the appropriation made for
the then current year for the goods or services covered by this Agreement is spent,
whichever event occurs first. If at any time funds are not appropriated for the continuance
of this Agreement, cancellation shall be accepted by the Seller on thirty (30) days prior
written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Agreement beyond the date of termination.
Page 9 of 11
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 19 of 52
14. Additional Provisions
a. Entire Agreement. This Agreement constitutes the entire agreement between the City
and Contractor, and all negotiations and all understandings between the Parties are
merged herein. The terms and conditions of this agreement specifically replace and
supersede any prior discussions, terms, documents, correspondence, conversations, or
other written or oral understanding not contained herein or specifically adopted by
reference.
b. Exhibits. Any and all exhibits described in this Agreement are attached hereto and
incorporated herein by reference for all purposes. Exhibits attached this agreement,
listed in their order of priority in the event of inconsistent or contradictory provisions are:
1. This Agreement
2. Exhibit A—Scope of Work
3. Exhibit B—Rate Sheet-submitted by Contractor
4. Exhibit C—Temporary Worker Qualifications
c. Choice of Law and Venue. This Agreement is governed by the laws of the State of
Texas. Venue for any litigation is in a court of competent jurisdiction in McLennan
County, Texas.
d. No Boycott Israel. By executing this Agreement Consultant verifies that it does not
boycott Israel and will not boycott Israel during the term of this Agreement.
e. Misspelled words. Misspelling of one or more words in this Agreement shall not
void this Agreement. Such misspelled word shall be read so as to have the meaning
apparently intended by the parties.
L Assignment. Neither party shall assign or transfer any right or interest in this
Agreement, in whole or in part,without prior written approval of the other party.
g. Benefits. This Agreement shall bind, and the benefits thereof shall inure, to the
respective parties hereto, their legal representative, executors, administrators,
successors, and assigns.
h. Severability.In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
i. Gender. Words used in the singular shall include the plural if and when applicable,
and words used in the plural shall include the singular if and when applicable.
j. Time. Time is of the essence of this Agreement. RECOM
Page 10 of 11 Noy 1 6 7019
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 20 of 52 "MMOMM
k. Headings, The paragraph and subparagraph headings and numbering contained herein
are for convenience and reference and are not intended to define or limit the scope of
any provision of this agreement,
1. Multiple Copies. This Agreement may be executed in multiple counterparts each of
which constitutes an original,
EXECUTED this day of "" "1*4.2018.
CONTRACTOR
BY: / --6
CITY OF WACO,TEXAS ("CITY")
BY: 4/41
.4orl-
Wiley Ster6 III, ty Manager
APPROVED AS TO LEGALITY:
(jk; —'4
Jennifer ' hie, City Attt#ley
RECMQ
NOV 16 7010
Page 11 of 11 MOMM
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C. Page 21 of 52
City of Waco RFQ 2018-020 Temporary Labor Pool
APPENDIX A
Scope of Services
(1) Description of Services
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 22 of 52
Page 12 of 63
City of Waco RFQ 2018-020 Temporary Labor Pool
1. SCOPE OF WORK
a. Background
1. The City of Waco is an Equal Opportunity Employer and all applicants will receive
consideration without regard to race, color,religion,national origin, gender, sexual orientation
and/or gender identity, age, and veteran or disability status.
2. The City will select multiple Temporary Agencies to provide services and will request
workers from the Agencies,that provide the most prompt and quality placements by job
category. The City has spent approximately $1.8 mil in 2016 and $2.3 mil in 2017 on
Temporary Labor Services.
b. Detailed Regiuirements
This RFQ is intended for the City to select the most highly qualified providers of the services
mentioned in the previous section on the basis of demonstrated competence and qualifications.
Specifically the Agency is to perform the following tasks:
1. Telephone reference checks to ensure education and skills are correct, as presented on an
applicant's application.
2. Conduct a standard national background check in accordance with the Fair Credit and Debt
Act within 30 days prior to each employee placement with the City and will maintain
documentation that such background checks were conducted.
3. Make every reasonable effort to contact past and present employers to gain information about
the work habits of the applicant(s).
4. Conduct pre-employment drug screening within 30 days of placement with the City of Waco and
maintain documentation indicating the temporary worker passed the drug screen.
5, Below are the current guidelines on criminal background checks for temp employees;
i No felonies in the past five (5) years. If the felony is greater than five (5) years ago, call
Human Resources (HR) to discuss further. No one with a felony should be working
unless HR has given approval.
ii No misdemeanors in the past three (3) years (assault, assault/family violence, etc.). If
greater than three (3) years ago, call HR to discuss. HR will review on a case by case
basis.
iii No sex offenders,regardless of the amount of time since conviction.
iv With all convictions, review job stability/employment history.
v All questions or calls regarding backgrounds should be forwarded to the City's Human
Resources Staffing Supervisor. Do not call the City department, they do not have
authorization to approve a background.
6. The Waco Police Department will conduct a more thorough background check on any
temporary employee(s) who will be assigned to work in confidential police work areas or
police records. Agency must make advance arrangements with the Waco Police Department
for background screening prior to placement of worker at Police Department.
7. For the job placements that require driving as a part of job duties. a driver's history check must
be conducted by the Agency within 30 days prior to placing the worker in a City driving
position. There should be no more than three moving violations within a three year period in
order to be placed in a driving position at the City of Waco.
c, General Conditions
I. Proposers will quote an hourly wage and bill rate at various levels described in the job
descriptions in APPENDIX C as applicable. These rates will remain effective for one year.
The rate should encompass any payments to the temporary employee as well as applicable
costs for conducting Criminal History.Background Checks, Drug/Alcohol Screens, etc. Rates
may not include health insurance fees unless proof of enrollment in Agency's Health
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 23 of 52
Page 13 of 63
City of Waco RFQ 2018-020 Temporary Labor Pool
Plan is included in the invoice. Workers compensation coverage will be the responsibility of
the Agency providing the worker. Proposers must notate any difference in mark-up
percentage for overtime pay. Overtime is defined as more than 40 hours actually worked in
any one week beginning on Sunday and ending on Saturday.
2. The City of Waco requires adherence to Title VI requirements. Temporary Workers
providing services for the City of Waco are expected to uphold the following provisions;
The City of Waco is committed to assuring nondiscrimination in its programs and activities,
No person shall on the grounds of race, color, national origin, sex, age, disability, or income
status be excluded from participation in, be denied the benefits of, or otherwise be subjected
to discrimination or retaliation under any federally or non-federally funded program or
activity administered by the City of Waco or its contractors.
3. The selected Agencies will appoint at least one person who is an employee of the Agency who
will service this contract and who will be the liaison between the City and the Agency.
4. The selected Agencies will be solely responsible for ensuring the workers they provide the
City meet all legal requirements to be able to work in the United States and complete the 1-9
form accurately and in its entirety.
5. The selected Agencies must be able to provide temporary workers within 8 hours of the phone
request and if the City is not contacted and/or provided with a temporary within that time
period the City reserves the right to contact another Agency for service,
6. The selected Agencies will provide workers who possess the necessary skills, knowledge and
ability to perform the jobs into which they are to be placed, as per attached job description.
7, The City reserves the right to reject workers provided by the successful Agencies, if they are
found to be unacceptable before or after starting on the job to which they have been assigned,
8, There shall be no obligation on the part of the City to hire any temporary worker it is supplied
under the terms of this RFQ following the term of their temporary employment. If a
temporary worker desires to become an employee of the City, they would need to apply for
job vacancies and will be considered in the same manner as all other applicants for City
employment.
9. The successful Agencies shall provide the City with weekly billing by department to also
include a list of placed workers (names) by department with each billing. Normal payment
terms are Net 30, Monthly billing may be utilized for longer term workers,
d, Minimum Requirements
1. in order to be considered for award of this RFQ, a vendor must meet these minimum
requirements:
i Submit documents and materials as set out in the RFQ and submit the required forms by
the deadline.
e. Duration of Contract
1. The duration of the contract will be for one year with the right of the City of Waco to audit
records at any time.
f Multiple Award
1. The City intends to award to multiple submitters, In the event the selected submitter and the
City cannot arrive at contractual terms and conditions satisfactory to both, the City has the
option of rejecting that award. This option may be exercised repeatedly by the City until a
submittal meeting the City's needs and interests is selected, if any,
Purchase Agreement Between the City of Fort Worth and P.I.E.management,L.L.C.Page 24 of 52
Page 14 of 63
City of Taco - Fee Scheduling
positions Midpoint(Average)Fee Rate
Animal Service Technician $21.72
Ctencal $23.05
Equipment/Mechanic Fleet $23.95
Heavy Equipment Operator $2172
Labor $17 02
iLan dscapmg/Irrigation(CDL) $2515
XGoif Course Maintence/Irrigation $19 70
library Assistant
$18.97
Library Page $18.97
Meter Service Technician
$20.15
Retail-Cash Handling $16 38
Utilities Maintenance Worker $23.85
Food Service/Catering $16.58
Nutritionist
$25.42
Outreach Worker $26.69
Accounting Assistant $23.05
Engineering/Planning $32 43
Financial Analyst $35.76
Housing Specialist $21.75
Information Technology Analyst $35.91
Nurse $33.41
Purchaser/Buyer .$25.70
Parks&Recreation Laborer $17 02
Recreation Aide $17.02
Retail/Cash Handling-Zoo $16.38
Zoo Worker
$1fi.27
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 25 of 52
UY of Waco RFQ 2018-020 Temporary Labor Pool
Labor Survey
no
Please indicate Y(yes) ifyour company provides employees for these job positions o,,N( ) if you donot.
General Positions
Y Animal Service Technician
* PRIMARY DUTY: Under basic Supervision,provides care for animals in the City animal
shelter.
* MINIMUM QUALIFICATIONS: High School Diploma or GED equivalent is required; OR an
equivalent combination of education and experience. Some animal care experience is Preferred.
Y Clerical—Administrative Assistant, Office Assistant
o PR84ARY DUTY: Under basic supervision, performs administrative duties and technical and
support services for City Departments; coordinates meetings and processes administrative
technical forms. s and
o MINIMUM QUALIFICATIONS: High School Diploma or GED equivalent is required; AND
two years of public sector administrative support experience; OR an equivalent combination of
education and experience.
Y Equipment/Mechanic-Fleet
0 PRIMARY DUTY: Under basic supervision, Performs maintenance, repairs, adjustments and
preventive maintenance on Parks and Recreation (PR) equipment, in accordance with all safety
regulations and City procedures.
0 MINB" QUALIFICATIONS: High School Diploma or GED equivalent is required; AND
two year's work experience in the maintenance and repair of an equipment; OR equivalent
combination of education and experience. n
Y Heavy Equipment Operator—CDL (Streets & Traffic)
• PRIMARY DUTY: Under basic supervision, performs semi-skilled work in the operation of
specialized trucks and heavy motorized equipment used for a variety of job functions in the
Public Works Department(PWD).
• MINIMUM QUALIFICATIONS: High School Diploma or GED equivalent is required; AND
two years' heavy equipment operations experience; OR an equivalent combination of education
and experience. A valid Texas Class A Commercial Driver's License with tanker endorsement is
required.
Y Labor
o PRIMARY DUTY: Under close supervision, performs unskilled and semiskilled general labor
work in cleaning and maintenance of City parks and grounds.
0 MWIMUM QUALIFICATIONS: No specific educational and experience requirements; High
School Diploma or GED equivalent is preferred. One Year Of experience in landscaping/grounds
keeping work is preferred.
Y Landscaping/Irrigation
o PRIMARY DUTY: Under basic supervision, maintains and designs the City's ornamental
landSFV�IM-Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 26 of 52
City of Waco RFQ 2018-020 Temporary Labor Pool
0 MINIMUM QUALIFICATIONS: Associate's Degree in Landscape Management, Earth
Sciences, or closely related field is required; AND three years Of Parks and landscape
management experience; OR an equivalent combination of education and experience.
Y Library Assistant
o PRIMARY DUTIES: Under basic supervision, assists Waco-McLennan County Public Library
(WPL)patrons with locating items, check-out and return of library materials and
other customer services. Library Assistants are responsible for providing quality services to the
public. They assist patrons in a friendly and a timely manner both in person and by telephone.
o EDUCATION AND EXPERIENCE: Must be at least 16 years of age and have acquired or be
pursuing a high school diploma or GED. Customer Service experience required. Public Lib
experience strongly preferred. e bli rary
Y Library Page
• PRIMARY DUTIES: Under basic supervision, shelves books and library materials in designated
areas of the Waco-McLennan County Public Library(WPL).
• MINIMUM QUALIFICATIONS: Must be at least 16 years of age and have acquired or be
pursuing a high school diploma or GED. Public library experience strongly preferred, Working
knowledge of computers required.
Y Meter Services Technician
o PRIMARY DUTY: Under basic supervision, reads water utility meters and records water
consumption rates for the Water Utility Services Department (WUSD); inspects and repairs
meters as needed.
0 MINIMUM QUALIFICATIONS. High School Diploma or GED equivalent is required; a valid
Texas Driver's License.
Y Retail-Cash Handling
* PRIMARY DUTY: Under basic supervision,provides retail customer services to the public.
* MINIMUM QUALIFICATIONS: High School diploma or GED equivalent is required; AND
one Year of customer service experience; OR an equivalent combination of education and
experience.
Y Utilities Maintenance Worker
o PRIMARY DUTY: Under basic supervision, performs basic unskilled labor tasks in support of
the repair and maintenance of water distribution and wastewater collection (W/WW) Cili es,
for the Waco Water Utility Services Department.
equipment and infrastructure facilities,
0 MINIMUM QUALIFICATIONS: High School Diploma or GED equivalent is required; A valid
Class A Commercial Driver's license with a tanker endorsement.
Specific Skiffs Positions (may require license or certification)
N Food Service/Catering
c, PRIMARY DUTY: Under basic supervision, serves food, cleans work areas and equipment and
assists with preparation of food and supplies at the Waco Convention Center and Convention &
Visitors Bureau.
o MINIMUM QUALIFICATIONS: High School Diploma or GED equivalent is required; AND
two years' food handling experience; OR an equivalent combination of education and
exPeT�M%e Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 27 of 52
City of Waco"Q 2018-020 Temporary Labor Pool
Y Nutritionist
o PRIMARY DUTY: Under general Supervision, manages client services for participants of the
Nutrition and Women Infants & Children (WIC) programs for the Public Health District(PmD),
including nutritional counseling, education and training,
manages program staff, assures that the
services provided meet the Program requirements and assures compliance Of Program activities
with State and Federal regulations.
o MINIMUM QUALIFICATIONS: Bachelor's Degree in Nutrition, Public Health, Business or
Public Administration or related field is required-, AND five Years' experience in public health
nutrition programs; OR an equivalent combination of education and experience.
o LICENSE AND CERTIFICATION: Must possess a valid Texas Driver's license. Professional
registration and technical certifications in public health are Preferred and may be required.
Y Outreach Worker
c) PRIMARY DUTY: Under basic supervision, provides intervention and Outreach services to
persuade and educate Public Health District (PHD) clients and McLennan County Residents to
complete actions required to prevent and mitigate Communicable diseases.
c MINIMUM QUALIFICATIONS: High School diploma or GED equivalent is required; AND
one year experience in social services or public health programs.
Professional Positions
Y Accounting Assistant
o PRIMARY DUTY: Under basic supervision, performs standard accountin functions Finance Department;reviews and process cash receipt 9 for
, accounts s
and performs customer service duties.o Tits payable and billing documents;
MINIMUM QUALIFICATIONS: High School Diploma or GED equivalentis required; A
three years of bookkeeping and clerical experience; OR an equivalent co AND
and experience. combination of education
Y EnEineering/Planning
• PRIMARY DUTY: Under general supervision,reviews engineering plans for o s on
PWD);verifies compliance with design standards and
projects for the Public Works Department c n tructi
City codes.
• MINIMUM QUALIFICATIONS: Bachelor's Degree in Engineering or Urban planning i
required; AND five years' work experience in civil engineering orengineering - S
an equivalent combination of education and experience, plan revi ew, OR
Y Financial Analyst
o PRIMARY DUTY: Under basic supervision, performs a widerange of cco ting, tec ica
and maintains the integrity of the City accounting system
review and financial analysis functions and an accounting, Ina I
for the Finance Department; assists with financial reporting in cOmPlian cc with state and federal
regulations, City policies and procedures and government accounting standards.
o MINIMUM QUALIFICATIONS: Bachelor's Degree in Finance, Accounting, or Business
Administration is required; AND two years' experience in government accounting and
budgeting; OR an equivalent combination of education and experience.
Y Housing Specialist
o PRIMARY DUTY: Under basic supervision, provides custom pr s
ePaiti
C g,,9Fq% and administrative
rient.
City of Waco RFQ 2018-020 Temporary Labor Pool
o MINIMUM QUALIFICATIONS: High School diploma or GED equivalent is required; AND
one year of bookkeeping and customer service experience; OR an equivalent combination of
education and experience.
Y Information Technology Analyst
c� PRIMARY DUTY: Under general supervision,provides second-level technical support for City
.employees for the Information Technology (IT) Department; maintains computer hardware,
software and specialty equipment.
c� MIND4UM QUALIFICATIONS: Associate's Degree in Computer Science, or Information
Technology is required; AND three years of current technical support experience; OR an
equivalent combination of education and experience.
Y Nurse
o PRIMARY DUTY: Under basic supervision,provides patient care services for the Public Health
District.
c3 MINIMUM QUALIFICATIONS: Associates Degree in Nursing is required; AND three years'
Nursing experience; OR an equivalent combination of education and experience. Public Health
experience is preferred.
Y Purchaser/Buyer
o PRIMARY DUTY: Under basic supervision, purchases and coordinates the procurement of
supplies, services, equipment and materials for the City; assists City departments with
purchasing procedures and technical issues;performs duties in compliance with state and federal
regulations and City policies and standards.
o MINIMUM QUALIFICATIONS: Bachelor's degree in Business or Public Administration is
required, with course work,in procurement and accounting; AND three years of public sector
procurement program.experience; OR an equivalent combination of education and experience.
Seasonal Positions
N Boat Inspector
o PRIMARY DUTY: Interacts with the public sharing information about aquatic invasive species;
Performs boat inspections for invasive species,particularly Dreissenid mussels and Hydrilla.
o MINIMUM QUALIFICATIONS: High School diploma or GED is required.
Y Parks & .Recreation Laborer
• PRIMARY DUTY: Under close supervision, performs unskilled and semiskilled general Ibor
work in cleaning and maintenance of City parks and grounds.
• MINIMUM QUALIFICATIONS: No specific educational and experience requirements; High
School Diploma or GED equivalent is preferred. One year of experience in landscaping/grounds
keeping work is preferred.
Y .Recreation Aide
o PRIMARY DUTY: Under close supervision, assists in the delivery of City recreation programs
and events.
• MINIMUM QUALIFICATIONS:High School diploma or GED is required.
YRetail/Cash Handling-Zoo
o PRIl'e + l �I � rzit�194iafl4acv ' 11'ciisamer services to the public.
City of Waco RFQ 2018-020 Temporary Labor Pool
0 MINIMUM QUALIFICATIONS: High School diploma or GED equivalent is required; AND
one year of customer service experience; OR an
experience. equivalent combination .of education and
Y Zoo Worker
o PRIMARY DUTY: Under close supervision, teaches one age group of Z 0 Camp along g with
various other educational classes at the Zoo. o n
o MINEqLTM QUALIFICATIONS: High School diploma or GED is required.
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 30 of 52
City of Waco RFQ 2018-020 Temporary I•abor pool
DISCLOSURE OF RELATIONS WITH
CITY COUNCIL MEMBER, OFFICER, OR EMPLOYEE OF CITY OF WACO
Failure to ulI and truthful! disclose the f0fOrInotion re "red b this form a result in the #e ins#ion o
MY business the Ci is now doin with the anti listed below andlor could im ct atone deati s
1. Name of Entity/Business/Person doing business with City.. P.I.E.Management,L.L.C.
is the above entity: (Check one)
A corporation ❑A partnership A sole proprietorship or an individual
Q Other(specify)._Limited Liability Coi muan_y
Check all applicable boxes.
2. Is any person Involved as an owner, principal, or manager of name listed In #1 related to or
financially dependent on Council member,officer,or employee of the CIly of Waco?
M NO•-there is no such relationship between Entity/Business/Person and the City of Waco.
❑YES,a person who is aten ❑owner, ❑principal, or❑manager of this entity/business/person
is: (Check all applicable boxes below)
El related to by blood or marriage* and/or ❑a member of the same household as
and t or ❑financially dependent upon** and/or 0 financially supporting"
to a City of Waco Fl City Council member, ❑officer or Q employee.
As used here, "related to"means a spouse,child or child's spouse, and parent or parent's spouse. It also includes a former
spouse if a child of that marriage is living(the marriage is considered to continue as long as a child of that marriage lives),
** As used herein, "financially dependent upon" and "financially supporting°' refers to situations in which monetary
assistance—including for lodging, food, education, and debt payments---is provided by owner, principal or manger of#1 to
Council member, officer or employee of City of Waco,or that Council member,officer or employee of City of Waco provides
to owner,principal or manger of#1.
If YES, provide (a) the name of owner, principal, or manager, and (b) the name of the City Council member,
officer or employee (include the department the City officer or employee works for, if known), and (c) If a
relationship by marriage or by blood/kinship exists. (Use back of sheet if more space is needed)
(a)Name of owner, principal,or manager (b)Name of Council member,ofticer or
employee&department (c)What Is relationshiparraarrangement
t household
arrangement
3. is a current City Council member or City employee involved with the name listed In#1 as an owner,
principal, manager, or employee,or employed as a contractor for name listed In#1?
® NO(no person involvedhworking for Ent4filusinessiPerson is cound member,officer or employee of the City).
❑YES,a person?is(Check all applicable boxes)
(a) a current City of Waco ❑City Council member, ❑officer or ❑employee ,
(b) and Is Flan owner, Qa principal, or Qa manager of the entity/business/person listed in#1,
or Elan employee or Flan independent contractor of the entity/business/person listed in#1.
If YES, provide the name of owner, principal, manager, employee or independent contractor who is a City
Council member,officer or employee. Include the department the City officer or employee works for, if known.
Signature:
— � Phone#:817-695.5021 Date: 4t1?/i$
Print Name:William A Phillips ,� y _hptp�?*A T iffM
0
PLEASE SIGN AND RETURN WITH BID Peae 4-6 b f*6 • .•..r.m_m
City Of Waco RFQ 2018-020 Temporary Labor Pool
CONFUCT OF INTEREST IQUESTIONNAIRE FORM CIQ
I
For vendor doling business with local governmental entity
This questionnaire reflects changes made to the low by H.S. 23, 84th Leg., Regular Session. OFFFICE USE;N'No
This questionnaire is being filed in accordance with Chapter 176,
-a a local governmental amity and the Date Received
has a business relationship as defined by Section 176.001(1 Local 60vernment Code,by a vendor who
vendor meets requirements under Section 176.006(a). ) with F
By law this questionnaire must be filed with the records administrator of the local governmental entity not War
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code,
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
P.I.E.management,L.L.C.
2 1
EjCheck this box If you are filing an update to a previously filed questionnaire.(The law requires that you rile an updated
completed questionnaire With the appropriate filing authority not later than the'71h business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3j Name of local government officer about whom the information Is being disclosed.
None
Name of Officer
4J Describe—each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Sedlon 176.003(aX2)(A). Also describe any family relationship with the IOCRI government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional Pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than Investment income,from the vendor?
0 Yes El No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
0 Yes El No
53 Describe each employment or business relationship that the vendor named In Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership Interest of one percent or more.
None
1 J6
Check this box if the vendor has given the focal government officer or a family member of the officer one or more gifts
as described in Section 176-003(a)(2)(B), excluding gifts described in Section 176.003(a-1),
il A
4/17/18
Signature 6,"R I nd P.I.E.P.1,E.Management,L r&Wage-jroT7z
Form provided by Texas Ethics commission www.ethics.state.tx.us
Pegs 45 of 63 Revised 11130/2015
City of Waco RFQ 2018-020 Temporary Labor pool
CERTIFICATION REQUIRED By TEXAS GOVERNMENT CODE SECTION 2270.001
By signing below, Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
SIGNED BY:
Print Name & Tide: Williari A.
Date Signed:
The following definitions apply to this state statute:
(1) "Boycott Israel" means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm, on, or limit
commercial relations specifically with Israel, Or with a person or entity doing business in Israel or
in an Israeli-controlled territory, but does not include an action made for ordinary business
purposes; and
(2) "Company" means a for-profit sole proprietorship, organization, association,
corporation, partnership,joint venture, limited partnership, limited liability partnership, or limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent
company, or affiliate of those entities or business associations that exists to make a profit.
State law requires certification from a Company for contracts (which includes contracts
formed through purchase orders) involving goods or services regardless of the amount.
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 33 of 52
Page 25 of63
K �0 _e�
TEMPORARY EMPLOYMENT SERVICES AGREEMENT
This Agreement ("Agreement") is entered into by and between the CITY OF
WACO, TEXAS hereinafter called the "City" and P.I.E. MANAGEMENT, L.L.C.
hereinafter called the"Contractor"collectively referred to as "the parties."
RECITALS
WHEREAS, the City utilizes temporary employment providers at various times
throughout the year to obtain temporary workers; and
WHEREAS,Contractor desires to perform as an independent contractor to provide
temporary employment services from time to time to the City upon the terms and
conditions maintained in this Agreement;
THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and Contractor agree as follows:
1 Agreement
a. Contractor agrees to perform those services for the City that are specified
on EXH1131717 A (the "Services"), attached hereto and incorporated, through Contractor's
employees at City Facilities.
b. Non-exclusive Relationship. Nothing contained in this Agreement shall
be construed so as to create an exclusive relationship between the City and Contractor.
The City shall be free at its option to use any number of contractors(i)to supply all of the
City's temporary worker needs and or(ii)to supply a temporary worker for any single job.
Further, the City may reduce, at any time, the number of temporary workers supplied by
the Contractor to the City (irrespective of the course of dealing between the parties) and
may at its option cancel or withdraw any requisition. 3:
C:
C. Professional Standards. Contractor shall use its commercially reasonable 9
> M
efforts to render Services under this Agreement in a professional and business-like manner >Z
and in accordance with the standards and practices recognized in the industry. M
m
U) CK)
2. Term 0
0
a. Initial Term. The term of this Agreement shall be for one year beginning M
on October 1, 2019 through September 30, 2020. Any extensions will be by mutual
written agreement between Contractor and the City. Contractor must provide the City
with written notice of the request to extend approximately thirty (30) days prior to
expiration of the contract.
b. Renewal Periods. This Agreement shall be automatically extended eachRECEIVED
year for an additional term of one year with the same terms and conditions contained
SVP 16 1A
,b*A*S0kJ0'
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 34 of 52
herein,unless(i)the City notifies Contractor by giving written notice thirty(30)days prior
to the expiration of the initial (or renewal) term of the City's intent to cancel this
Agreement,or(ii)the City and the Contractor fail to mutually agree in writing at least sixty
(60) days prior to the end of the initial (or renewal)term on a revised Rate Schedule and
the Certificate of Insurance,as required in Article 9 of this Agreement, to be applicable to
any additional term. A revised Rate Schedule and Certificate of Insurance must be received
by the City prior to each renewal period.
3. Payment and Terms
a. Rate Schedule. The City agrees to pay Contractor for the services
performed by Contractor's employees and provided hereunder in accordance with the rates
set forth in the Rate Schedule attached hereto as EXHIBIT B and made a part of this
Agreement, for all time devoted directly to the City by Contractor's employees as may be
necessary and required for the proper performance of the services. Except to the extent
provided in Section 3(b) hereof, these payments shall constitute full and adequate
consideration to Contractor for all labor,services furnished to the City, and the City shall
not be obligated to pay any additional fees,costs or other sums to Contractor beyond what
is identified on Exhibit B. Contractor must provide a standardized time card for all of
Contractor's employees assigned to the City.
b. Additional Expenses. The City will not pay any additional costs without
written prior approval from the City. This will include any fees associated with health
insurance for any temporary worker not enrolled in Contractor's health care plan.
c. Terms of Payment. The City will pay Contractor on a weekly following
the acceptance of a correct invoice in a form previously approved by the City. The City
shall not be obligated by pay Contractor for any services under this Agreement unless the
City has issued to Contractor a Requisition executed by an authorized agent of the City.
Contractor agrees to invoice on or before the tenth (10`l) of the month for all services
provided but not yet invoiced, in accordance with the payment terms specified above, in
the Requisition and per the rates specified in the Rate Schedule. Failure of Contractor to
invoice in accordance with such terms and rates and otherwise as specified herein and in 9 � [M
each Requisition will be considered an event of default and the City shall have the right to z 0
terminate this Agreement and each Requisition previously issued hereunder. Additionally, M ,,,
the City reserves the right to contest any inaccurate, incomplete or otherwise N oo
nonconforming invoice. The City's failure to pay any disputed fee or other sum shall not
be an event of default under this Agreement; provided that the City has given notice to 0
Contractor of its objection to any such fee or other sums.
4. Termination
a. Either party may terminate this contract for any reason,without cause and'RECEIVED
any time by furnishing to the other party thirty (30) days prior written notice. Upon
termination, the City shall be obligated to compensate Contractor for any services
5EP 16 2Q19
MtApi-saURMS
Purchase Agreement Between the City of Fort Worth and P.I.E.Management, L.L.C.Page 35 of 52
performed and payments earned hereunder up to the date of termination.Contractor shall
be obligated to provide services until the date of termination. Neither party shall be
entitled to any other compensation based upon this contract.
b. In the event of termination, all information and all City property in
Contractor's possession shall be forwarded to the City. Upon the City's receipt of all such
information,and property the City shall pay Contractor for satisfactory services performed
up to the effective date of the termination at the specified rates or rates in accordance with
the Rate Schedule. Such payment shall be the City's sole obligation and Contractor's sole
remedy in the event of termination by the City. In no event shall the City be liable for
incidental or consequential damages or lost profits.
5. Standard of Performance.
a. Provision of Services. All services to be provided by Contractor under this
Agreement shall be provided and performed in accordance with high professional standards
and prudent business judgment and standards.
b. Applicable Law/Compliance. Contractor agrees to comply (i) with all
applicable Federal, State and local laws, statutes, executive orders, rules, regulations and
ordinances in its performance of this Agreement and any act by Contractor in connection
herewith and (ii) with all Federal and States Laws, statutes, executive orders, rules and
regulations pertaining to Contractor's operation and its authority to offer the services and
engage in the activities contemplated in this Agreement or conduct its business, including
but not limited to the Federal Social Security Act, the State and Federal Unemployment
Insurance Acts,the State Worker's Compensation Laws,State and Federal Wage and Hour
laws,the Occupational Health and Safety Act,all State and Federal and local Employment
Laws,and all other laws and regulations. Contractor shall establish appropriate procedures
and controls so that the services under this Agreement will not be performed by using any
person who is not legally eligible for such employment under United States immigration
laws. Contractor acknowledges and agrees that it shall be responsible for complying with
the Immigration Reform and Control Act with respect to its employees. X
C. Compliance with City Policies. Contractor's employees and agents shall v j
comply with all policies of the City while on the City's premises and/or while providing Z
services for the City. rn
0 co
(1) Harassment Policies. Contractor acknowledges that it is the policy n "
of the City to prevent all forms of harassment in the workplace, including without m
limitation to sexual harassment. Contractor agrees to cooperate with the City in
effecting such policy with regards to the Contractor's employees while working for
the City.
(2) Removal of Contractor's Employees. The City may request that
Contractor remove, or cause to be removed, any employee(s) from the City's
EID
gF� 2 6 7tttn
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.G.Page 36 of 52 1�� �a�SCJ��GES
premises, owned or leased, for any reason and Contractor shall immediately
comply.
6. Accounting Records and Audit.
Contractor agrees to maintain complete and accurate accounting records, to
substantiate Contractor's charges hereunder (including payroll records, time cards,
attendance cards and disciplinary action,etc.)and to retain such records for three(3)years
(or for such longer period as may be required by applicable laws) after completion of all
Requisitions issued under this Agreement. During the tern of this Agreement and during
the respective periods in which Contractor is required to maintain records hereunder, the
City shall have access during normal business hours to all of Contractor's records
pertaining to its activities in connection with the performance of this Agreement for the
purpose of conducting audits. The City shall have the right to retain an independent third
party to conduct any such audit. The provisions of this Section 7 shall survive the
expiration or termination of this Agreement.
7. Confidentiality
In connection with the performance of the services hereunder,the City may disclose
to Contractor and its employees information considered to be confidential information
and/or a trade secret (All such material and information is hereinafter referred to
collectively as the"Information"). Information shall mean any information concerning the
City's business,operations or technology and all material and information made available
to Contractor under this Agreement or in connection herewith or obtained by Contractor,
directly or indirectly, from any source whatsoever (including orally or in writing) in
conjunction with the performance of this Agreement or otherwise in connection herewith.
Contractor agrees to hold all such Information in trust and confidence for the City and to
maintain at all times adequate procedures to prevent loss. Contractor shall not make any
copies of such Information without the prior written approval of the City and shall return
to the City upon demand any such Information. Contractor shall (i)use the Information
solely for the purpose of performing its obligations under this Agreement, (ii) take
reasonable steps and procedures(and where appropriate under the circumstances,provide
security protection) to keep the Information confidential, (iii)expressly require each of its Z 0
employees and agents exposed to any of the Information to keep all Information m M
confidential. m 0
0
8. INDEPENDENT CONTRACTOR m o
M
rn
r
Contractor shall carry out the terms of this Agreement as an Independent
Contractor and not as an agent,servant,or employee of the CITY. Contractor shall
not receive any employee benefits.Likewise,the employees of Contractor are not the
agents,servants,or employees of the CITY. For all purposes hereunder,Contractor
is and shall be deemed to be an Independent Contractor and it is mutually agreed
RECEIVED
SEP 16 2019
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,LL.C.Page 37 of 52 tVMANRESOUSCES
that nothing contained herein shall be deemed or construed to constitute a
partnership or joint venture between Contractor and the CITY.
Under no circumstances shall the City be considered the legal employer of any
temporary workers placed with the City by the Contractor. As such, the City
provides no benefts of any kind to any temporary workers assigned to the City by
the Contractor. Nor shall the City compensate the temporary workers directly for
their services. The Contractor shall bear full responsibility for compensating the
temporary workers, for providing any benefits to workers required by law, for
implementing all income withholding and reporting procedures required by federal,
state, city and/or municipal tax laws, and for maintaining adequate workers
compensation coverage as required by law.
9. INSURANCE
A contractor's financial integrity is of interest to the City. Therefore, subject to a
contractor's right to maintain reasonable deductibles in such amounts as are
approved by the City,a contractor shall obtain and maintain in full force and effect
for the duration of the contract, and any extension hereof, at contractor's sole
expense,insurance coverage written on an occurrence basis by companies authorized
to do business in the State of Texas that are rated A-or better by A.M.Best Company
and/or otherwise acceptable to the City in the following types and amounts:
Type Amount
Workers'Compensation Statutory
Employer's Liability $1,000,000/$1,000,000/$1,000,000
Comprehensive General Liability $1,000,000 per occurrence;$2,000,000
Including: General Aggregate,or its equivalent in
• Premises/Operations Umbrella or Excess Liability Coverage
• Independent Contractors
• Products Liability/Completed
Operations
• Personal&Advertising Injury
• Broad form property damage,to include t r�s
fire legal liabilityO°
Employee Theft Prevention/Employee Dishonesty $1,000,000 per occurrence
Policy
• Including a third party coverage
endorsement naming the City
Business Automobile Liability $1,000,000 per occurrence or its
a. Owned/leased vehicles equivalent on a combined single limit
b. Non-owned vehicles (CSL basis).
c. Hired vehicles
RECEIVED
SEP 16 2019
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 38 of 52 HUWNRESOURCES
Term of Policy: The required insurance coverage must remain in effect for a two(2)year
period following the expiration or completion of the contract with the City.
Modification of Insurance Requirement: The City reserves the right to review these
insurance requirements during the effective period of the contract and any extension or
renewal hereof and to modify insurance coverages and their limits when deemed necessary
and prudent by City's Risk Manager based upon changes in statutory law,court decisions,
or circumstances surrounding this contract. In no instance will the City allow a
modification which results in the City incurring increased risk.
Proof of Insurance Required and When to Submit:
Examination&Approval. All insurance policies shall be subject to the examination and
approval of the City for their adequacy as to form and content, form of protection, and
financial status of insurance company.
Contractors with Multiple Projects. Contractors who have multiple projects with the
City will provide the general liability aggregate in a project form with the name and/or
location of the project listed in the comments section of the certificate of insurance.
When to Submit. Prior to the execution of the contract by the City of Waco and before
commencement of any work under this contract, a contractor shall furnish original proof
of insurance to the City's Risk Manager which is clearly labeled with the contract name
and City department. The proof will include completed/current Certificate(s)of Insurance,
endorsements,exclusions,and/or relevant extracts from the insurance policy,or copies of
policies. Thereafter, new certificates, policy endorsements, exclusions, and/or relevant
extracts from insurance policies, or policies shall be provided prior to the expiration date
of any prior certificate, endorsement, or policy. No officer or employee other than the
City's Risk Manager shall have authority to waive this requirement.
Additional Insured. Except for Workers' Compensation and Employers' Liability, the
City, its elected officials, officers, servants, agents, volunteers and employees shall be
named as Additional Insureds on the policy. No officer or employee, other than the City
Risk Manager, shall have authority to waive this requirement.
Other-Insurance Endorsement--All insurance policies are to contain or be endorsed to
state that an "Other Insurance" clause shall not apply to the City where the City is an ` MM
additional insured shown on the policy. Z
Agent Information. The certificate(s)or other proof of insurance must be completed by to C
an agent authorized to bind the named underwriter(s)and their company to the coverage, o
limits, and termination provisions shown thereon, containing all required information M o M
referenced or indicated thereon. The original certificate(s) or form must have the agent's rn
original signature,including the signer's company affiliation,title and phone number. The
proof of insurance shall be sent directly from the insurance agent to the City's Risk
Manager by U.S. Postal Service to City of Waco,ATTN: Risk Manager, P.O. Box 2570,
Waco, Texas 76702-2570 or by delivery service to 1415 North 4" Street, Waco, Texas
76707. To send by fax or email,please contact the Risk Manager at 254-750-8061 to obtain RECEIVE®
the fax number or email address.
SEP 2 6 2019
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 39 of 52 HUMAN RESOURCES
Precondition to Performance& Basis for Termination. The City shall have no duty to
pay or perform under the contract until such certificate(s),policy endorsements,exclusions,
and/or relevant extracts from the insurance policy have been delivered to and approved by
the City's Risk Manager. The contractor understands that it is the contractor's sole
responsibility to provide this necessary information to the City and that failure to timely
comply with these insurance requirements shall be a cause for termination of a contract. If
the City determines that it will deny payment, not perform, or terminate the contract
because of the failure to provide certain information or documents,the City shall give the
contractor notice of that determination and allow contractor fifteen(15)days to correct the
deficiency.
Waiver of Subrogation. Workers' compensation and employers' liability policies will
provide a waiver of subrogation in favor of the City.
Notice of Cancellation, Non-renewal, Material Change. The Contractor shall provide
written notification to the City of the cancellation,non-renewal,or material change of any
insurance required herein. The Contractor shall provide such written notice within five(5)
business days of the date the Contractor is first aware of the cancellation, non-renewal,or
material change,or is first aware that the cancellation,non-renewal, or material change is
threatened or otherwise may occur, whichever comes first. Contractor shall provide the
City with a replacement certificate(s)of insurance,policy endorsements,exclusions,and/or
relevant extracts from the insurance policy either before the cancellation,non-renewal,or
material change is effective, if it knew in advance of such,or within ten(10)business days
of first learning of the cancellation, non-renewal, or change if it did not Iearn of that such
action in advance.
10. INDEMNIFICATION.
A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY AGREES TO
ASSUME FULL RESPONSIBILITY AND LIABILITY FOR THE SERVICES
RENDERED PURSUANT TO THE CONTRACT AND AGREES TO INDEMNIFY,
PROTECT, DEFEND, AND HOLD HARMLESS THE CITY, ITS EMPLOYEES,
AGENTS, AND SERVANTS, OF AND FROM ALL CLAIMS, DEMANDS, AND =
CAUSES OF ACTIONS OF EVERY KIND AND CHARACTER,INCLUDING THE v c_ M
COST OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH Z 0
OF,PERSONS AND ANY LOSSES FOR DAMAGES TO PROPERTY CAUSED BY rn ono M
OR ALLEGED TO BE CAUSED, ARISING OUT OF, OR ALLEGED TO ARISE 0
OUT OF,EITHER DIRECTLY OR INDIRECTLY,OR IN CONNECTION WITH, 0 o �
THE SERVICES TO BE RENDERED HEREUNDER,WHETHER OR NOT SAID
CLAIMS,DEMANDS,CAUSES OF ACTIONS ARE CAUSED BY CONCURRENT
NEGLIGENCE OF THE CITY AND A PARTY TO THIS AGREEMENT, OR
WHETHER IT WAS CAUSED BY CONCURRENT NEGLIGENCE OF THE CITY
AND SOME OTHER THIRD PARTY. THE CONTRACTOR AGREES THAT
ANY INSURANCE CARRIER INVOLVED SHALL NOT BE ENTITLED TO RIECEIVE®
SEP 2 6 2019
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 40 of 52 HUNEAN RESOURCES
SUBROGATION UNDER ANY CIRCUMSTANCES AGAINST THE CITY, ITS
OFFICERS,OFFICIALS,AND EMPLOYEES.
Employee Litigation: In any and all claims against any party indemnified hereunder by
any employee (or the survivor or personal representative of such employee) of the
contractor,any subcontractor,any supplier,or any individual or entity directly or indirectly
employed by any of them to perform any of the work, or anyone for whose acts any of
them may be liable,the indemnification obligation herein shall not be limited in any way
by any limitation on the amount or type of damages,compensation,or benefits payable by
or for contractor or any such subcontractor, supplier, or other individual or entity under
workers' compensation or other employee benefit acts.
Notice of Claim. Each party shall provide the other written notice of the assertion of any
claim which may be subject to indemnification, as soon as practicable after such claim is
received. Failure to provide notice of the assertion of such a claim shall not be deemed a
waiver of any right of indemnification or of any other rights which accrue under this
Agreement.
11. Representations and Warranties of Contractor. Contractor represents and
warrants to the City as follows:
a. Organization. Contractor is duly organized, validly existing and in good
standing under the law of the State of its formation and is qualified to do business in all
jurisdictions in which it conducts its business, with full corporate powers to own its
properties and to conduct its business as presently conducted and as required to perform its
obligations under this Agreement.
b. Skill and Knowledge. Contractor represents that each of its management
staff members, employees and agents has the requisite skill,knowledge and expertise and
Contractor has the requisite financial strength, procedures, equipment, processes,
(including computer information system) and facilities to provide and perform all of the
services to be provided and performed under this Agreement in strict conformity with the
terms and conditions hereof c
C. Standard Procedures. Contractor currently has and shall maintain and Z 0
consistently implement standard procedures (i) for recruiting workers that possess skills m N M
and characteristics specified by the City and(ii)for conducting national based background p CD
checks, reference checks, and drug screens all in accordance with all applicable Federal, a o M
State and local laws. 0
d. Corporate Approvals. All corporate proceedings legally required to be
taken by Contractor in connection with the authorization and execution of this Agreement
and the performance of its obligations hereunder and related hereto,and all such approvals,
authorizations, consents, licenses, and other order of State, Federal or local regulatory RECEIVED
agencies,public boards or bodies (collective,"Governmental Approvals"), if any, as may
SEP 2 6 2019
HUMAN RESOURCES
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C. Page 41 of 52
be legally required to be obtained by Contractor with respect to all or any such matters,
have been taken or obtained and Contractor shall take all necessary action to maintain all
such Governmental Approvals in full force and effect throughout the term of this
Agreement.
e. Authority, Contractor has full legal authority to engage in the activities
covered by this Agreement and the execution and delivery of this Agreement and
compliance with its terms, conditions, and provisions will not conflict with or result in a
breach of any of the terms, conditions or provisions of the formation document or bylaws
of Contractor or any agreement or instrument to which it is a party or by which it is bound,
or any law,regulation or administrative decree or order to which it is subject,or constitute
a default thereunder.
f. No Restrictions. Contractor is not a party to or bound by any agreement or
instrument or subject to any charter or any other corporate restriction or any judgment,
order,writ,injunction,decree,law or regulation which may materially and adversely affect
the ability of Contractor to perform its obligations under this Agreement or which requires
the consent of any third person to the execution of this Agreement or the transactions
contemplated hereby.
g. True and Accurate Information. All documents and other information
previously delivered and provided to the City in conjunction with the services to be
provided and performed hereunder remain true and accurate,including without limitation,
all representations,warranties,and certifications contained in any such document and other
information.
12. Force majeure
Neither the City nor the Contractor shall be deemed in violation of this Agreement
if it is prevented by performing any of the obligations hereunder by reason of strikes,
boycotts,labor disputes, embargoes,act of God,acts of the public enemy,acts of superior
governmental authority, riots, rebellion, sabotage, or other circumstances for which it is C.-
not responsible or which is not within its control. cr 33
0
..c M M
13. Notices. n o
m
a. All notices required or permitted under this Agreement shall be in writing U'
and shall be deemed delivered after five (5) days from the date shown to be mailed.
Notices may also be delivered via e-mail where authorized under this Agreement.
b. Notice to City shall be delivered to.
RECEBVED
ATTN: Missie Pustejovsky
SEP 2 6 2019
HUMAN RESOURCES
Purchase Agreement Between the City of Fort Worth and P.I.E.Management, L.L.C.Page 42 of 52
Human Resources Department
P.O.Box 2570
Waco,Texas 76702-2570
Email: missiep@wacotx.gov
C. Notice to Contractor shall be delivered to the following address:
P.I.E. Management LLC
7215 Bosque Blvd
Waco,Texas 76710
d. Such addresses or contact persons may be changed from time to time by
either party by providing written notice to the other in the manner set forth above.
14. All funds for payment by the City under this Agreement are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non-
appropriation of funds by the City Council of the City of Waco for the goods or services
provided under the Agreement,the City will terminate the Agreement without termination
charge or other liability, on the last day of the then-current fiscal year or when the
appropriation made for the then current year for the goods or services covered by this
Agreement is spent,whichever event occurs first. If at any time funds are not appropriated
for the continuance of this Agreement,cancellation shall be accepted by the Seller on thirty
(30) days prior written notice,but failure to give such notice shall be of no effect and the
City shall not be obligated under this Agreement beyond the date of termination.
15. Additional Provisions
a. Entire Agreement. This Agreement constitutes the entire agreement
between the City and Contractor, and all negotiations and all understandings
between the Parties are merged herein. The terms and conditions of this
agreement specifically replace and supersede any prior discussions, terms,
documents,correspondence,conversations,or other written or oral understanding
not contained herein or specifically adopted by reference.
b. Exhibits. Any and all exhibits described in this Agreement are attached
M
hereto and incorporated herein by reference for all purposes. Exhibits attached to z 0
this agreement, listed in their order of priority in the event of inconsistent or i n N M
Cl)
contradictory provisions are:
M
1. This Agreement
2. Exhibit A—Scope of Work
3. Exhibit B—Rate Sheet-submitted by Contractor
4. Exhibit C—Temporary Worker Qualifications
RECEIVED
SEIF 2 6 2019
HUMAN RESOURCES
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 43 of 52
C. Choice of Law and Venue. This Agreement is governed by the laws of the
State of Texas. Venue for any litigation is in a court of competent jurisdiction in
McLennan County, Texas.
d. No Boycott Israel. By executing this Agreement, Consultant verifies that
it does not boycott Israel and will not boycott Israel during the term of this
Agreement.
e. Misspelled words. Misspelling of one or more words in this Agreement
shall not void this Agreement. Such misspelled word shall be read so as to have
the meaning apparently intended by the parties.
f. Assignment. Neither party shall assignor transfer any right or interest in
this Agreement, in whole or in part,without prior written approval of the other
party-
9- Benefits. This Agreement shall bind, and the benefits thereof shall inure,
to the respective parties hereto, their legal representative, executors,
administrators, successors, and assigns.
h. Severability. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision thereof and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provisions had never been contained
herein.
i. Gender. Words used in the singular shall include the plural if and when
applicable, and words used in the plural shall include the singular if and when
applicable.
j. Time. Time is of the essence of this Agreement.
k. Headings. The paragraph and subparagraph headings and numbering ` »U
contained herein are for convenience and reference and are not intended to define z z �
or limit the scope of any provision of this agreement. ao �, �
�n rF1
(n oo --
l. Multiple Copies. This Agreement may be executed in multiple OG
counterparts each of which constitutes an original. n c
M
EXECUTED this 32 day of 51PTe'""2019.
CONTRACTOR
S-P 2 6 7R19
f•{!JM M RESOURCES
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 44 of 52
BY:
� s
lv A 5, 2fi, yCEO
CITY OF WA
ACO,TEXAS ("CITY")
BY: 4�07
Wiley Stem I , City Manager
APPRO D AS TO LEGALITY:
Jennifer ch City Attorney
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SEA' 7. 6 70iq
H11110AN RESOURCES
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 45 of 52
Exhibit C
Vendor's Quote
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 46 of 52
From: Ryan.Camillia
To: Cox.Justin Allan;Santos.Beth
Subject: FW: OT Pay and Bill Rate
Date: Friday,March 20,2020 5:36:53 PM
Attachments: imaae001.ioa
image002.png
image003.pno
image004.pno
image005.pna
See below
From:Stacy Kendrick[mailto:skendrick@piemanagement.com]
Sent: Friday, March 20,2020 5:35 PM
To: Ryan, Camillia<Camillia.Ryan@fortworthtexas.gov>
Subject: RE: OT Pay and Bill Rate
CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open
attachments unless you recognize the sender and know the content is safe.
Hi Camillia,
I'll doing okay. I hope you are doing well. Please see below:
Pay rate:$25 per hour
Bill Rate:$31.75 per hour
Overtime pay rate: $37.50 per hour
Overtime bill rate:$40.32 per hour
Please let me know if anything else is needed.
Thank you and be safe.
Stacy Kendrick
P.I.E. Management, LLC
"Exceeding Customer Expectations"
www.piemanagement.com
From: Ryan, Camillia<Camillia.Ryan Pfortworthtexas.gov>
Sent: Friday, March 20, 2020 5:50 PM
To:Stacy Kendrick<skendrick(@piemanagement.com>
Subject:OT Pay and Bill Rate
Hi Stacy. I hope you're well
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 47 of 52
We need to know what my overtime bill rate and pay rate is. With everything going on I'm working
more hours.
Thanks,
Camillia
Camillia Ryan
Contractor/Buyer
City of Fort Worth
Fire Department/Office of Emergency Management
200 Texas Street
Fort Worth,TX 76102
817-392-6170(office)
817-994-2881 (cell)
Your opinion matters! Please complete this short survey to provide us valuable feedback on how
we can better serve you.
City of Fort Worth — Working together to build a strong community.
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F*-I I-XI
Purchase Agreement Between the City of Fort Worth and P.I.E. Management,L.L.C. Page 48 of 52
Exhibit D
CONFLICT OF INTEREST QUESTIONNAIRE
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 49 of 52
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Cnde, any person or agent of a person who
contracts or seeks to contract for the sale or purchase of property, gooda, or services with o local
governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form C|O
("Questionnaire") thepemon'o affiliation or business relationship that might cause a conflict nf
interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins contract
discussions or negotiations with the City, or submits an application or response to a request for
proposals or proposals, uorneapondence, or another writing related to a potential agreement with
the City. Updated Questionnaires must be filed in conformance with Chapter 17G
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also
available at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.
If you have any questions about oomp|ienoe, please consult your own legal counsel.
Compliance ia the individual responsibility cf each person or agent ofo person who in subject ho
the filing requirement.An offense under Chapter 17Gioo Class Cmisdemeanor.
NOTE: If you are not aware of m Conflict of Interest in any business relationship that you
might have with the City, use NIA in each of the areas on the form. Hovvever, m signature
ia required in the#7 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICELISEONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 71h business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006.Local Government Code.An
offense under this section is a misdemeanor.
.1J Name of vendor who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4j Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income.from the vendor?
Yes E-1No
B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes E7 No
s Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
s
ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(a-1).
Ij wiGGiaw A. �Gir`GGr'�r OCt 9, 2020
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.its Revised 1113 0/2 0 1 5
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 51 of 52
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LGfhtm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code F4176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code 4 176.003(a)(2)fA)and(B):
(a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2)the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income,other than investment income,that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i)a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor,
(B)has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code 4 176.006(a)and(a-1)
(a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(3)submits to the local governmental entity an application,response to a request for proposals
or bids,correspondence, or another writing related to a potential contract with the local
governmental enfity;or
(2) the date the vendor becomes aware;
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission wwmethics.state.0.us Revised 11J3&2015
Purchase Agreement Between the City of Fort Worth and P.I.E.Management,L.L.C.Page 52 of 52