HomeMy WebLinkAboutContract 54106-R1CSC No. 54106-R1
Fa�T�oR�rH�
CITY O� FORT WORTH
REQUEST TO EXERCISE RENEWAL OPTION
April 28, 2021
Ms. Sue Beets, CSP
Regional Vice President
PDQ Staffing, Inc.
704 Hunters Row Ct
Mansfield, TX 76063
Email: SBeets@adastaff.com
Re: REQUES7 70 EXERCISE RENEWAL OPTION
Temporary Staffing Services
Contract No. CSC No. 54106 (the "Contract")
Renewal Term No. 1: July 7, 2021 to July 6, 2022
The above referenced Contract will expire on July 6, 2021. �ursuant to the Confract, contract renewals are
at the sole option of the City. This letter is ko inform you that the City is exercising its right to renew CSC
No. 54106 foran additional one year period, which will begin immediately upon the expiration of the current
term and will end on ,luly 6, 2022. All other terms and conc�itions of CSC No. 54106 remain unchanged.
Please return this signed acknowledgement letter, along with a copy of your current insurance
certificate and an updated Farm 1295, to #he address set forth be�ow, acknowledging receipt of the
Notice to contract Renewal.
Please �ag onto http:llfortworthexas.qo�lpurchasinq to insure thak your cornpany information is correct and
up-to-date.
If you have any questions concerning this Request for Contract Renewal, please contact me at the
telephone number listed below.
Sincerely,
��� �"_`
Edgar 6arcia (May 4, 20211235 CDT)
�dgar Garcia
Water Systems Superintendent
Water Department
Custamer Care Division
M�t�r Services Section
817-392-8245
l hereby acknowledge receipt of khe cantract Renewal Notice for CSC No. 54106 for a one year period
ending July 6, 2022. OFFICIAL RECORD
Form 1295 Certification Number: 2021-745767 CITYSECRETARY
FT. WORTH, TX
PDQ Staffing, Inc.
B : � � V��! -� � � ° �,�- � �� Date: � .� � � � �
Y r
Printed Name and Title �
Sign ure
CITY OF F4RT WORTH:
���� ��� G��10
Dana Burghdoff (M y 19, 202 12:59 CDT)
By:
Dana Burghdoff, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Dat�:
— ��
By:
Christa R Lopez-Reynolds (May 19, 11 : DT) Date:
Chriska f�. Lopez-Reynolds, Sr. Assistant City Attomey
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am khe person responsible for the monitaring and administratian of ti�is
Gontract, including ensuring a11 performance and reporting requirements.
����� 05/04/2021
By:
Eagar �ar��a (May 4, 2021 12:35 CDT) Date:
Edgar Garcia, Water Systems Superintandent
RECOMMENDED:
BY:
�
_—�" •---_
K Shuror (May 18, 2021 20:57 CDT)
Kara 5huror, Deputy Water Director
C�f lS I�GIf'G�PY
Chris Harder (May 19, 2021 08:26 CDT)
Christopher Harder, Water Department Director
ATTEST:
By:
Mary J. Kayser, City Secretary
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Date:
Date:
M8�C No. 20-0327
05/19/2021
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC#54106
CITY OF FORT WORTH
T�MPORARY STAFI+ING SERVICES AGRE�M�NT
This T�MPORARY STAFFING S�RVIC�S AGR��M�NT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH (tl�e "City"), a home-rule municipal
corporation situated in portions of Tarrant, Denton, Parker aud Wise Counties, Texas, acting by and
through Dana Burghdoff, its duly authorized Assistant City Manager, and PDQ STAFFING, INC.
("Provider"), a Texas corporation and acting by and tt�rough Sue Beets, its duly authorized Regional
VP.
�.YK�?7��) O F.y �l :Z�/ [y DI.�
Provider hereby agrees to provide the City ivith professional services for the purpose of secure a
professional service contract as outlined in tlle agreement for tempora�y staffing peisonnel se�vices on
an "as needed" basis for field work activity for the City of Fo►-t Wo►-th Water Department (FWWD).
Attached hereto and incorporated for all purposes incident to this Agreement is �xhibit "A," Scope of
Services" and who meet the qualifc�tions for the tasks identified in Exhibit "B".
_ :_1l
This Agreement shall commence upon the date of complete execution ("Effective Date") and
shall expire on a year form the Effective Date, unless terminated earlier in accordance with the provisions
of this Agreement. The City shall have the option, in its sole discretion, to renew this Agreement under
the same terms and conditions, for up to four (4) one-year renewals.
�1l'—► � �\
The City shall pay Provider an amotult not to exceed $500,000 for the services and amounts as
shown in �xl�ibit "C", lf the City chooses to ��enew the Agreement, the not to exceed amount shall
remain the same in year rivo (2). Tlte not to exceed amount shall then be $575,000 for the third year if the
City chooses renew, and shall be $661,250 for the fourth year if the City chooses to renew the
Agreement. Provider shall IlOi }7e1'f01'lll any additional services for the City not specified by this
Agreement unless the City requests and approves in writing the additional costs for such services. The
City shall not be liable for any additional expenses of Provider not speci�ed by this Agreement unless
the City f rst approves such expenses in writing.
_ �1/ ►a �►
4, ] . Written Notice.
The City or Provider may terminate this Agreetnent at any time and for any reason by
providing the other party with 30 days written notice of termination.
4,2 No�i-ap�ropl•iation of Fu►ids.
In the eveut no fiinds or i�isufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, City will notify Provider of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received witliotit penalty or expense to the City of a�iy kind whatsoever, except as toltha�artions ___
of tlle paytiients hereiti agreed upon for whicli funds shall have been appropi•iated, i._, ,,,, .,: ,,
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I ��'��' ���;�ETARIf
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4.3 Duties a�7d Obligat�o�is_of tlie Parties.
In the event th�t this Agreement is terminated prior to tE�►e expiration of the then-current
terrn, t��e City sElall pay Provid�r for sei-vices actuatly reil�et�ecl up tQ the effective date of
termination, a�id Providex sl�all cotYtinue to provide the City with services Y•eqi�ested by t�te City
and in accordanc� with this Agreement up to the effective date ofteri7�inatio��.
��Y�l-1Ci13�Y11:7 �[�] 5[�I� � : ► 1 � ► 1 � ; -h13Ir]-: ►7�[� i►
Provider hereby warrants to the City that P�•qvider kias rnade fiill disclosure in wriCing of �ny
existin�; or potential coiiflicts of �nterest rel�.ted to Providel•'s services under this Agreement. In tlfe eve�tt
that any conflicts of interest arise after the Effective Date of t�lis Agreement, 1'rovider hereby agrees
immediately ta make fiill disclosure to the Cify in writing. Provider, far itself and its offcers, ager�ts and
employees, further agrees that it slfall treat ali information provided to it by the City as confidential
{"City Infot-matio�i") arld shall not discicase any such in%rmation to a tl�ird pa�-ty without the prior
written a�proval o�` the City. Pravider sh�ll store a��d maintain Gity I��for�nation in a sect�re rrianner and
shall not ailow utia�ithorized users to access, tnodify, delete or other�vise corru�t City InfQrination in any
way. Pro�ider shall notify the City immediately if the security or integrity of any City informaiion has
beeta campromised or is believed to Ela�e been compromised.
1 .\_ J � 1 �. �
Provider agrees that the City shall, until the expiration of tk�ree (3) years af`ter fina[ payi�ent
�mder this cotttract, 1�ave access to and the right to examine at reasp��able times any directly perti��ent
boo�Cs, dacuments, papers and recards of the Provider involving trar�sactions relating to this Contract at
no adclitio»al cnst to tlie City, Provider agrees that the City stlall have access cluring normal waeking
hours to all necessary Provider faciliti�s and shal� be provided adequate anci apprapriate work space in
order to conduct audits i�a co�npliance with khe provisions of thi$ sectio��. The City sh�ll give Provider
reaso��able adva�ice notice of 'rntended aiedits.
Provider further a�rees to include iri a[1 its subc��ltractor a�;reements her�under a provi�ian to the
effect that the subcontractor agrees that the City shal[, until expiration of thr�e (3) years after fina]
payment of the subcoi�traet, have access to a�id the right to examine at reasonable times any directly
pertinent boaks, doct�ments, pap�rs and records of such s�pbcontractor involving transactions related to the
subcantract, a�7d further that City shall have aecess cluring normal warking hours to all subcontractor
facilities and sllall be provided adequate and appropriate work space ia3 order to conduct audits i��
campliance with th� provisions of this paragraph. City shall give subcantractor reasonable natice of
intended audits.
7. iNDEPEI'1TDENT CONTRACTOR. It is expressly understood and agreed tl�at Provider shall
operate as at� independent contractor as to all ri�lfts and pri�ileges ar�d work performed under this
Agreement, and not as agent, representative or einployee of City. Subject to and in accordance with the
conditiaiis a�id provisions of this Agreement, Provider sha11 have the exclusive right to control the details
of its operatians and acfivities ai}d be sole[y responsible for the acts and omissions af its officers, agents,
servants, employees, cc�ntracts a��d subconkractors. Ft•ovider ack�lowledges that the doctrine of re.spon�eat
sa��erior shall not apply as between City, its officers, age�its, seeva��ts and �mployees, and Provider, its
officers, agents, enlployees, servants, s�parate contractors arsd subcontractors. Provic�er further agrees
that nathing herein s�all be construed as the creation af a partnersl�ip or joint enterprise be�ween
City and P�•oviciez•. It is furtl�er understood that Ciiy shall in no way be consiclered a Co-employer
or a Joint em�loyer of Provider or any officers, agent,s, sez�vants, employees separate contractors, or
subcontractors of Provider. Neither Providet�, nae any afficers, age�7ts, servants, employees separate
contractors, or subeontractors of Provider shall be et�titled to any e�nployment benefits fro�n City.
Provic�er shal� be res�o�nsible ar►cl 1'rable for any an� all payment and reparting af taxes on behalf af
itself, ancl any of its of�cers, agef�ts, servants, emPloyees, �eparate corftractors, or s�bconti•actors. It
is further understo�d th�t Provider shall be res�ottsible for the management of its officers, agents,
ser�ants, eitlployees, separate contr�ctors, and subcontractors for any violati�ns of the Pro�ider's ow�t
policies and procedures, �vhich I'rovider represents meet ti}e requit•ecnents under the rec�uest for proposal
for tl�ese services,
$. LIABILITY ANll TNllEM1�1FICATION.
$.1 LIABII.ITY - PR�VIDEI� SHALL BE ,�IABLE AN� RESPONSIBLE F�R ANYAND
ALL PRQPTRTY LOSS, PROPERTY DAMAGE AND/QR PERSONAL INJURY, INCLUDl'NC
UEATH, TC? ANY AND ALL FERSONS, OF ANY KIND DR Ch'ARACTF,R, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAilSED I3Y �'HE NEGLIGENT ACT(S) OR OMISSION{S),
MALFEASANCE OX IIVTENTIDIVAL MISCONDUCT OF PROY1`DER, ITS OFFICER.�, AGLNTS,
SER I�ANTS, ElY1PLDYEES, SEPARATL CDNTRACTORS, QR SUBCONTRACTORS.
8,2 G�NERAL INDLMNIFICATI(lN - PROVIDER HEREBY COVENANTS �#ND
AGREES TO INDEMNIFX, HOLD HAXMLESS ANI) DEFEND CITY, ITS OFFICERS, AGEN7'S,
SERVANTS AND EMPLOYI:ES, FRDMAND AGAINST ANYAND �LL CLAIMS OR I.AWSUITS 4F
ANY KIND OR CHARACTIsR, WHETHER REAL OR ASSERTED, FQId EITHER PROPERTY
DAMAGE G►1'� L�SS (INCI,UDING f1LLEGED .DAM�IGE OR LOSS TO PR0�2`17ER'S' BUSINESS
fIND ANY RESULTING LOST PROFITS) AND/DIl PERSONAL fNJURY, INCLUDING DL*'t1TH, TO
ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTIDN WITH THIS AGREEMLN7', TO
THE EXT.�NT CAUSED BY THE 1"1VTENTIONAL AND 1VEGLIGENT ACTS QR pMISSIQNS OR
MALFEASANCE CIF PR4VIDER, ITS OFF1'CLRS, AGENTS, SERVANTS, EMPLDYEES,
SEPARAT� CONTRACTORS, OR SUBC(iNTRACTOI�S.
FURTHER, IN THE EVENT CITY IS HELD LIABLE AS A JDINT-EMPLOYER OIZ
DETERMINED T� BE A J'DINT-EMPL�YER BY A CDURT �F LAW, �DMINISTRATII�E BODY
OR SIMILAR AUTHORITY, PROVIDER CDVENANTS AND AGREES TD INDFMNIFY CITY FOR
ANY JUD�GEMENTS, AWARDS, EXPENSES AND COSTS (INCLUDI'NG 1iUT NO�' LIMITED TO
ATT4RNEYS FEES} ORDERED AGAINST TH�' CITY.
$.3 WAIVEIt OF CLAIMS AS J(iINT-EMPLDYER — F'ROVIDER HEREBY IIISCLAIMS
AND WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTI�N AGAINST THE C1'TY WITH
REG�RD TC► LIABILITY OR RESPDtVSIBILITY FG►R PROVIDER'S OBLIGATIONS AS
�MPLOYER WITH RESPECT TO PR()[�IDER'S EMPLOYEE.S , INCLUDING B'+UT NOT LIMITED
TO OBLI"GATIDNS SUCH AS PAYMEIYT OF WORI�ERS eOMPENSATl"ON C.LAIMS OR
BENEFITS; COMPLIANCE WI�'H THE FEDERAL FAIR LABOR STANDARDS ACT; PAYMENT
OR F'URNISHING OF ��'EALTH, RETIREMEIVT OR OTHER BENEFITS; AND RESPONSIBILITY
FOR PAYMENT OF UNEMPLOYMENT INSURANCE OR CDNTRIB�ITIONS
8.4 INTELLECTUA� PROPERTY INI)EMNIFICATIOIV — Provic�er agrees ta defend,
settle, or pay, at its o�vn cost a�id expense, any claim or action against City �'or infringemen# of any
patent, copyright, frade mark, trade secrei, or sir�iilar property right arisiiig froni City's use of the
sofhvare and/or dacuinentaiion in accardance tivith this Agreenzenk, it being i�n[ierstooc� tliat this
agreement to defend, settle or pay shall not apE�ly if City modiGes or rnisuses the software and/or
documentation. So long as Provider bears the cost ancl ex�ense oF �ayment for claims or actions
against City �ursuant to fhis section, Provic�er shall h�ve the right to coatduct the defense of any such
elaim ar action a�ncl all negotiations for ifs settlement or comQromise and to settle ar com�romise any
such claira�; ho«ever, City shall h�ve the right to fully �artic�pate in any and all such settlement,
n�egotiations, or lawsuit as necessary to pratect City's interest, and Ciiy ag�•ees to cooperate with
Provider in daing so. In tl�e event City, far whatever reason, assumes the res�onsibility for payment
of costs and expenses for ��ty claim or action brougkxt against City for infringeanent arising unc�er
this Agi•eement, City shall have tl�e sole t•iglyt to conduct the defense of any such elain� or action and
all �►egotiations for its set#lea�aent or com�romise ancl to settle or compromise any sucl� claim;
horvever, Provic�er shall fully �Sarticipate ancl coopera#e with City in defense of such claim or action.
City agree,s to give Frovicler timely writte�i natice of any such claina or actioa�, with copies of all
�a�ers City may receive relating thereto. Nohvithstanciing the foregoing, City's assum�tian of
payment of casts or expenses shall not eliraiina#e Provicier's duty to in�emnify City under this
Agreement. If the software andlar documentafion or any }�art thereof is ltel[l to infa�inge and the use
thereof is enjainec� or restraineti or, if as � result of a settlement or campromise, such use is
materially adversely restricted, Prov�der shall, at its own expense �nc� as City's sole remedy, eithe� :
(a} J�rocure fot� City the rigl�t to continue to use the sof#ivare andlor docume�►tation; or (b) �todify the
soihvare and/or clocumentatiori to make it non-iyt#�ri�tg��t�, �rovided that such madificafion daes not
ma#eriaily ac�verseiy affect City's autl�orizecl use of the software ancilor documentation; or (c} rePlace
the sofhvare aatc3lo�• documentation tvith equ�lly suitable, compatible, and i'u�ctionally ec�uivalenf
no�z-infringing soffware and/or documentation at no aciditional charge to Ciiy; ar (cl} if none of the
foregoing alternatives is re�sonab�y available to 1'rovider terminate this Agreement, and refunc� all
amounts paid to Provider by City, si�bsequent to witich iermin�tian City enay seek aaty an[I all
remedies available to City un�ler law.
9. ASSIGNMElYT AIYI) SUBCONTRA�CTING.
Provider shall not assi�;n or subcontract any of its duties, ablEgatians ar rights unc[er this
Agreetnettt without the prior wE•itten consent of the City. If the City grants cansent to an assignrnent, the
assignee shall execute a written agree�nent witki the City and the Pro�ider under �Whicii ti�e assi��iee
agrees to be bound by the dutiea and obligations of Provider under this Agreement. Tl1e Provider attd
Assignee stlall b� jointly liable for all abligatio��s uEider tl�is Agree�nent priol• to d�e assig��ment. If the
City gE�ants co��sent to a subcontract, the su6contractor shall execute a written agreement with the
Provider referencing this Agee�nent undet• whicll the subcontractor shall agree ko be bound by the duties
and obligations of the Provider under this Agreement as such duties and flbligations may apply. The
Pravider s�iall provide t17e City �vikh a fully executed cop� of aaay sueli subcontract.
10. INSURAI'�tCE.
Provider shall provide t}ae City with certi�cate(s) of insurance doc�une»ting policies of the
fo[]owitlg minimum coverage Iirnits that are to be in effect prior to cont�neatcement of any worEc pursuant
to this Agree3nent:
] 0.1 Covera�e and L�mits
{a) Camrnercial Genera� Liability
$1,Q00,000 Each Occurren�e
$2,OOQ,000 Aggregate
(b} Automobile Liabi[ity
$i,000,Q00 Each accident on a combined singl� li�nit basis ar
$250,000 Bodily ic�jury per pej�son
$SOO,QOQ Badily injucy per occurrence
$1 �0,000 Property datnage
Coverage shall be on any vehicle used by the P3�avider, its employees, agents,
representatives in the course of the providing services iinder this Agreement.
"Ariy vehicle" shall be ai�y vehicle owrled, lairecf a�id non-owned
(c} Wnrker's Compensation
Statutory limits
En�ployer's liability
$100,000 �3ch accident/occurre�ice
$] OO,Q00 Disease - per eaeh emplo�ee
$500,000 Disease - policy limit
This coverage may be w�ritten as follows:
Workers' Compensation and �tnpl�iyers' Liability ca�erage with �ll]71f5 CDiISESt�IIi Wli�l
statutot•y benefits outGned in the 'I'exas workers' Cot�npensation Act (A��t. $308 — 1.01 et
sec�. Tex. Rev. Civ. Stat.) and minimum policy lirnits for Empldyers' Liability of
$100,Q00 �acl� accidendoccucrence, $SOO,DOQ bodily injury ciisease po[icy limbt and
$100,00q per dise�se per employee
(d) Prafessiottal Liability {En�ors & Osnissions)
$I,000,�00 Each Claim Li�tlii
$ [,000,000 Aggregate Limit
Professional Liability coverage inay be provided through a�l endorsement to tEie
Comrriercial Ge�ie��al Liability (CGL) policy, or a separate palicy specific to
Professiocial E&O. Either is acceptable if caverage meets all other requirements.
Coverage shall be claims-made, and �n�intained for the duration of the
contraetual agreeme�lt and for two (2) years followiiig eotnpletion of serv�ces
provided. Ar� an�7ual certificate of insui'ance shall be submitted to the City tn
evidence coverage.
] 0.2 Certificates.
Certificates af Insur�nce evidencing t�iat tlfe Pravider has obtained all required
insurance sfiall be delivered to tlie City prior to Prc�v�der pcoceeding with any work
pursuant to this Agreer�lent. All pol'tcies except Vdarkers' Compensation shall be
endorsed to name the City as ar� additional i»sured thereon, as its interests tnay appear.
Al] �alicies shall con#ait� a Waiver of Subrogation for the benef�t flf the City of Fort
Wortki. The term "Gity" s}�all inelude its e�nployees, officers, officials, agent, and
volunteers in respect to tkle conkracted services. Any failure on ihe part of the City to
request required irlsurance documentatior� shal[ not cons�itute a waiver of the insurance
requirement, A minimu�i� of thirty (30) days' notice of cancellation or reductioti in limits
of coverage sh�l] be provided to the City. Ten (10} days' notice sl�all be �cceptable in the
eve�lt of non-payrnent of premium. Such terms shall be endorsed onto Prov�der's
ins�u�ance policies. Notice sktall he sent to the Risk Man�ger, City of Port Worth, 1000
Throcicmorton, Fort Worth, Texas 76102, witl� copies to the City Attarn�y ak the same
address.
� �_ ' __ : ►, . . : . . � : 1 ► : ► _ : _ . _ : ►II : _ e�il_f/o'rlll[�Jrl��
Provider agrees to co�nply with all applicable federal, state and lacal laws, ardinances, rules and
regulatioi7s. [f the City noti�es Provicier of any violatio�f of such laws, ordinances, rules or r�gulat�ons,
Provider shall immediately desist from and correct tl�e violation.
► ► 1 : u ►: �► � _ ►s r
Pro�ider, for ifself, its personal represe�ltatives, assigits, employees, separate cantractors,
subcontracCors and successoi-s in interest, as pa�-� of the consider�tioi� l�e�'ei��, agrees that in t�je
perforanance of Provider's duties anci obli�;ations hereunder, it shall 3�ot discrirniciate in the treatment or
employme��t of any individual or group of indi�iduals on any basis protlibited by law. If any claitn arises
from an alleged violation of tEiis non- discrimination co�enant by Provicler, its personal representaiives,
assigt�s, etnployees, separate eontractors, subcontrackors oe successt�rs in interest, Provider agrees ta
assurne such liability and to indemnify ancl defencl the City an�i hold the City l�armless from such
claim.
13. NOTICES.
Notices r�quired pursuant to the provisio�ts of t17is Agreement shal[ be conclusively deferiniraed
to haWe bee�i delivered when (1) hanc�-delivered to the other party, iis a�;ents, e>>nployees, servants or
represe»tatives, (2) delivered by facsimile wit}� electt-onic con�rrnatian of the tra��smission, or {3}
received by the otkler• party by United States Mail, registered, retur�i receipt requested, addressed as
follows:
To The Cl`fY:
City of Fort Worth
Attn: Chris Hardee
Wate�' Departmeni Dir�ctor24Q 'I'exas Street
Fart Worth �'X 76IO2-b31 1
Office: (817} 392-5020
Ta �'ROVIDER:
PD�Q Staffing, Inc.
Attn: Sue Beets
Regiona] VP
7Q4 Hwlters Row Ct
Mansfield T`X 7bOG3
(817) 453-0077 ext. 7501
_�►u ► : '�■�1���
It is understood and agt�eed that by execution of this Agreement, the City does not waive or
surrender any af its govertimental powers.
r� r: _;
The fai(u�'e af the City or Provider to insis# upon the perfornl��ice of any term or provisian of this
Agreett�ent or to exercise any right granted I�erein shall not constitute a waiver of the City's or Provider's
���spective righk to insist upon appropriate performance or fo assert any suc�i right on any future occasion.
16. GOVERNING L.AW 1 VENLTF..
This A�reement sha[1 be construed in accordance witli the interital la�vs of the State of Texas. If
�ny action, �vhether real or zsserted, at law or in e�uity, is brought on tl�e basis of this Agreemetjt, venue
for such actiot� shall lie in state courts located in Tarrat7t Cou»ty, Texas or the United States District Court
far the Norther�i Diskrict of Texas, Fort Worth Division.
17. ��YFRAi3IL.ITY.
If any prov�sioi� of this Agreement is he[d to be invalid, illegal ar uiienfarceable, the �alidity,
legality �i�d enforceability oftlfe remaini�fg provisions slta[I not in any way 6e affected or irnpaired.
18. FOFtCE MAiEdJRF.
Tl�e City and Providee sl�a[I exereise their best effarts Eo meet their respective duties actd
obligations as set forth in tflis Ag�'eement, but shall nat be held liab[e for any delay or omission in
�erformance due to farce majeure or otl�er causes beyond their reasonable control (force maje�u-e),
including, but not li�nited to, cc�mpliat�ce rvitli a�jy governtnettf law, ardinance or re�;ulatio��, acts of God,
acts of tE1e public enetny, fires, str�kes, lockouts, natural disasters, wars, riots, material or labar
restrictions hy any governmental a�itl�ority, transportatioii problenns and/or any other similar causes.
19. HEADING� NOT CONTROL.L.INC.
Headings and titles used in ihis Agreement are for i•eference purposes only and shall not be
deemeci a part of this Agreement.
20. REVIEW OF COiJNSEL.
The parties acknowledge that each par-ky ar�d �ts caunsel have reviewed and revised this
A�reetite»t and tl�at tlie normal rules of constr�rckion ko the effect that a��y ambiguities are to be reso[ved
against the drafting party shal] rlof be emp[oyed in the interpretation of this A�reement or exhibits here�o.
21.
No exteiision, modification or a�nendment of this Agree�nent sktall be bix�ding upan a party hereto
t�nless such extension, �rsodification, or amend�nent is set forth in a wr�tten instrument, which is executed
by att autharized representative and delivered on bel�alf of such party.
22. ENTIRETY OF AGREEMENT.
This �greement, including tl�e schedule of exl�ibits attached hereto and any documents
i►icoiporated herein by reference, conkains tE�e e�ltire G���dersta��ding and agreernent between the City and
Provider, tlteir assigns and successors in interest, as to the matters contained herein. Any prior or
conteanporaneous oral c�r written �greemenk is hereby declared null and �oid to the extent in conflicfi
with any provision of this Agreement.
23. SIGNATURC AUTHORITY.
The p�rson sigr�ing this agree�r�ent hereby warrants ttfat he/s67e has tkle legal authority to execute
tl�is agreement o�� behalf of tEie res�ective �arty, and fi�at such binding autl�ority has beer� grai�ted by
praper order, resolutio», ordinance or oiher at�thoriza�ian of the entity. 7'he other party is fully entitled to
eely on t17is warraniy and r�presentatioi� in �nterin�; i►�to this Agreement.
24, IMMIGRATION NATi01�iALITY ACT.
Provider shall ver�ify t13e identity and employlner�t el�gibility of its employees who perforin �vork
�inder this Agr�e�nent, iricluding com�leting the Employment Eligi6ility Verifcation Form (I-9). Upon
request by City, Provider shall provide City with copies of all I-9 forms and supporti»g e[igibility
documentation foe each ernployee wflo performs work u���{er this Agreement. Pravider s1�a11 adklere fo a!I
Federal a�7d State laws as well as establisfl a}�propriate procedures a�id c�ntrols so that no s�d-vices will be
performed by any Provider employee who is not legally eligible to perform such services. PI�OVIDER
SHALL INDEMNIFY CITY ANll HOLD CI'�"Y HARMLESS F120M ANY I'El'dALTIES,
LIABILITIES, OR LOSSES DU� TO VIDLATIQNS OF THIS PARAGRA�'H BY PROVIllER,
PR�VI[}ER'S �MPLOY�ES, SUBCONT�iACTO�tS, AGENTS, OR LICENSEES. City, upan
written »otice to Pro�ider, shall Elave tl�e right to immecEiately terminate this Agreemeiit for violations af
this pravisior� by Provicier.
25. NO BOYCOTT QF ISRAEL.
If Providcr has fewer than 10 emPloyees or this Agreennent is for less tltan $100,000, tk�is
section claes not ap�ly. Provider acknowledges that irf accordanee with Chapter 2270 of t}3e Texas
Goverrunent Cade, the City is prohibiteci fro�n entering into a contract with a Gompany for goods or
services u�7less the contract contains a written verificak[on from tl�e ca�npany t�iat it: { 1) cEoes not boycott
Israel; ar�d (2) will not boycot# lsrael ciuring the term of the contract. The ter�ns "boycatt Israel" and
"company" shall have the tzleanir�gs ascribed to those ternis in Section 808.001 of tlZe Texas Government
Code. By signing this contract, Provider certi�es that Provider's signature provides written
veri�cation to ihe City that Provic�er: {1} c�aes not boycott Israel; anc� (2) will not boycatt �sr•ael
during the term o� the contract.
[SIGNATUR� PA�GE FOLLOVVS]
IN WITNESS WHEItEOF, the parties have executed this Agreement this ����,z020 day of �u� �, zozo
2020.
CITY OF FORT WORTH
D�rna Burando�FF
By: Dana 9ur�hdoff u16, 2p201323 CDTJ
Name: Dana Burghdoff
Title: Assistant City Manager
Date: ��l e, zozo
APPROVAL RECOMMENDED:
By_ r����-
Name: Chris Harder, P.E.
Title: Water Director
ATTEST:
ey: ���'��`�`�`
Name: Mary Ka sy er
Title: City Secretary
"-" �j .�;
�'� �" � �
4: . A �
�
�
PROV[DER:
PDQ Staf�ing, lnc.
BY� � —
Name: Su eets
Title: Re ional Vice President
Date: �/��/���
Terr►porery5taffingservicessgr�ement06242020cr1
CONTRACT COMPLIANCE MANAGER;
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all perfonnance
and reporting requirements.
Ea'�� Ga��ia
Edg Garcia (Jun 36, 20]O 11:01 CDT)
By:
Name: Edgar Garcia
Tit(e: Water Systems Superintendent
APPROVED AS TO FORM AND LEGALITY:
��..�..A �,,,�.�,_.�.�r�
By: ,..�-��
Name: Christa R. Lopez-Re, nolds
Title: Senior Assistant City Attorney
AUTHORIZAT[ON:
j�it' (,: 20-0327
�a� Approved: �. �����'ao
�.;_a�t>:
. �• t
1295 Certifcation No.: 2020-598660
� �7
OFFICIAL REC�RD
CITY SECRETARY
FT. 9lVOR3'H, TX
Exhibit "A"
SCOP� OF SERVICES
Provider 4vill provide tempora�y staffitZg services far field work activity for the �'ort Worth Watec•
�eWa�rtr��ent {rWWD) oc� an as �leeded ba�sis �r� accordanee with the Agreemetlt at�d the terrns
outlit�ed below.
l.1 The Pro�ider shall adhere to tEie following terms attd conditions:
1.1.1 Provide tem�or�ry r�voj�ker{s) within twenty-four (24) hat�rs of the requesi. If the
I'rovider cannot provided a temporary worker �vithin #he specified timeframe, t}te
City ��7ay seek temporary staffii�g services elsewhere or p�rform tEie service itself.
services.
i.1.2 Provicle qualified temporary workers wlio �ossess necessa�y skills, know�edge and
abilify to perforti� the jobs as detai�ed in the job descriptions {see Exhibi! B).
Ho��vever, the City i-eserves the right to reject a kemporary �vorker s��b�nitted by
Provider if he/sl�e is found to be unacceptable befoi-e or after starting on the jab to
whic�� he/she I�as been assigned.
1.1.3 Tk�ere shail he tio obligations on t�le part of tt�e City to hire anny ternPorary warker
it is stippl�ed under the terms of tlze Agreement on a fulC time basis followit�g their
term of the temporary r,�vo�•k deploy�net�t.
1.l ,4 Should fl7e City wish to hire a teinporary worker who has been fi]]ing the temporary
}�osition, neither the ter7�pora�y worker nor the City will be reqziired to pay a
placeinent fee.
1.1.5 Pro�ider is r'eq�rired to pay a�i flaurly wage rate titat tneets or exceeds that
establisl�ed by tEie Departrne�ft of Labor.
1, I.6 Provider is res�onsible for assurin� a Temporary workers have a r•eliable source af
transportatioi� ta and from wor�C site.
1.1.7 Pro�ider slzall ensure tfiat r�o temporary wo►•ker is permitted to stay in a te�npora�y
staffing position for longer than � year aoid a half from the tiane they are assigned
by the Provider to that �osifio�l.
1.1.$ A��vorkweek constituking forty work I�ours shall be consic�ered a regular workweek
[ess any established CITY h�lidays. 'The PI•ovider wil] be responsible far assigning
temporary �vorkers to either first shift Monday througli Friday, 7;30 a.m. to 4:00
p.m. ar 2nd shift Monday tku�ough Ft•iday, 1:00 p,m. to 9:36 p.�n, witli half hour
lunch period. If the City request the Provider tc� adjust schedules to meet workload
demand Provider shall ��ot unreasnnably deny such request.
1.1.8.1 Holiclays: The City observes eight (S} ktolidays, which the Provider
wilE also observe without pay�nec7t. Those holic3ays are New
Year's Day, Martiit Luther I�ing lr. Day, Me�norial Day,
Indep�ndence Qay, Lalaor Day, Thanksgiving Day arad the Day
after Th�nksgiviifg, and Gl�ristrnas Day.
f.1.9 Provider slfall be res�onsible far �ensuring te�n�orary worEcei°s are availab9e to
perform services ora Saturdays deerned necessary by the City. It will be tfle
res�oi�sibi[ity of t17e Provider ta ensure temporary wor[cers will be paid only far
hours actua[ly worked anc! tardiness or absenteeisira wil] not be talerated. O�ertime
will be billed at 1.SQ times the nortnal bi[lingrate and will require writte�� approval
by tEie City.
1.i.14 The City wil[ ��ot reic�burse �ililea�;e or parking.
].1,1 1 Provider slaall prepar•e payro[1 checks, tnake all necessary deductions and pay all
taxes ancl insurance required by Federal, St�te, �nd Local laws. Provider accepts
full responsibility for the payenent of wages, coct�perasation and be�tefits to
personnel and accepts responsibility for payrnent of all #axes, assessments, fees, and
fines that may be due and owing ta any Local, State ar �'ederaE government
age3�cies.
I.1.12 Frovider shall call fhe Water Departn�en# at 8l "1-392-2244 ar as otherwis�
instructed i�t writing to confem the na�ne of each assig�led candidate and verify I�is
or 1�er skil[s to the City �ieeds.
1, �.13 P�•o��der shall furnisli temporary workers, qualified to perForm ti�e field and
facilitiea tasks in public areas and follow City guidelines a�Zd policies as idet�tified
it� Exl�ibEt B. Employee sl�a[1 be at [east eigi�teen (18) years of age, If d1e Provider
fails to ensure that th� ternporary worker(s) meet the quali�cations necessary to
�erform the identified task tlten the City may stop tl�at service fro�n tl�e
irldividual(s) and sl}al! not be obligated to compensate the Prov�der for tlie service.
1.1. [4 Provider sltali ensure tlle #empora�y workers �veai• d�e fo[lowing�ob-related attire
wi�ile performing the job:
1.1.14. ! Unifor�n top — Solid colored top iii Navy, Wl�ite or Grey. No
graphies.
1.1.14.2 Uriiform bottom — Denim jeans — free from holes and wear and
tear.
1.1.143 Unifat•m footwear — Steel toe safety baoks
i.1.14.4 Business Casual — �f�ce work only
1, l.15 To tlie extent permissible by the law, Provider shall be required to run background
checks on al[ potei-�tial temporary workers to be sent to the City and drug test will
be included, as required. Also, as required, must perfarm a Human Perforrnance
Evaluation (HPE) test, r,�vhich inct�ides lifting and carrying u� ta 25 pour�ds
frequently, up to GO pounds af force occasional [y and up to 100 pounds of farce
occasio��ally.
1,1.16 Provider slfall ensuf•e that no temporary einployee sl�all arrive on City premises
witl� a��y typ� af �rearins or weapons, d��ugs or alcohol.
1.1.17 Provider will apprise eacl� potential ternporary �vorker proposed to be �ssigned ko
tEle City abatEt ternporary worker the physical demands and respot�sibilities of the
position and will screen canclidates to ensure tktey can perfor�n rec�uired tasks.
],1.1$ Tempara�y employees will be assigned to tlie W ater Dep�rtment located in the
downtown Fo��t Worth and otiie�• locatic�ns within Tareant County.
l.1.19 Frovider shall be responsible for meQting all Federa[: laws, ordinances and
regulations; State: laws, ardinai�ces and eegulatio��s; Couittiy: laws, ordit�ances and
regulatio��s; and City: la`�s, ordii�ances, and regtilatians for safety of people,
environme��t and propel-ty. Tl�is includes, but is not limited to, al[ Federal, State,
Caunty, and City Agencies. Ad�ni��istrations and Ca�nmissions such as the
Environmental Protection Agency (EPA), Occupational 5afety and Health
Administration {�SHA), aiid tl�e Texas Commission on Environmental Q4Gality
(TCEQ). In the event afiy law, regulation or ordir�ance becomes effective after the
start of this Agreement, the Si►pplier is required to co�nply with new policy. Any
rnandates requiriExg tl�e City ta comply with ne�v guidelrnes wi[l also require the
Frovider to comply.
l.120 Ac3ditional sec�viceslpositior�s may be added to �xhibft B by mt�fkial writYe�l
agree�r►e�rt of tEie parties.
Exhibi# l3
Tezztnorary Field Positions a�cl Qualificafions
Tem�ora�y �'ield Sea-vices Representatives
Will be perforining a variefy of technical and ma��ual labor tasks associateci with the inskallation,
��aintenance, a�td re�3air af water �Tleters. Will be assigned wo�'k orders to ,�erforin installation and
preventakive mai►ftenance on resicle�7tia] and commercial water �r�eters, pipe fi�tings, valves, meter l�oxes and
lids. Will also be assigned work ortlers to validake tvater meter readings, turn on/off water ser'vices, a[td
lock watcr ser�iee for deli�iqucnt aceounts. A City Crewleader andlar Sr. Field Representive wil[ provicEe
a[1 the nEcessa�y tt�ols and training requu�ed to perfot-m the assigned tasks. Toals utilized will be pipe
wrer�ches, screwdc-ivers, �neter bar, geinder, sawzaIl, sl�ovel, puenp, two-way rad�o. Wil] a[so be expeeted to
drive a city vehicle.
Temporary Survey Technician
Wi11 be pei�forEning a variety of technical tasks assaciated with the ideiitification of water meters a��d
services. Will be assig�jed wo�'k or'ders to coa�duct surveys of in order to establish location (longittides,
latitudes), verify accuracy of ineter inforinatian, at�d ident�fy service diameter attd material on customer and
city side. A City Crcwleader and/ar Sr. Field Representative wi[1 �rovide a�� the necessary taols and traini�7�
required ta perform tlte asssgned tasEcs. Tools t�tilized wil[ be Tri�nbCe G1P5 device & racf, scre�vdr�ivers,
meter bar, shovel, E�ump, two-way radia, and tablets (provided by city}, Will also be expected to drive a city
vehicle.
Temporary Sr. Field Serviees Representative
Will be traini��g staff on a variety of tec}��iical and inanual labor tasks assaciated with the installation,
�naintenance, and repair of waier rneters. Wi�l be responsible conducti�tg and developing nlechaiiical/
kechnical skilfs of field staff. Wi�l provide 30, 60, 90 day per%rmance assessments to field staff anci report
to City Crewleader. Will eor�duct classes regardi��g safety, security, itastallation, prograrnening, maintenance,
and repair af �neters, machinery, and equip�ttent as well as tlle prc�per use atld technique of specialized
p[�unbirig tools. Tc�ols utilized will he pipe wrenches, screwdrivers, �1�eter bar, gr[nder, sawzawl, s}tovel,
puEnp, t�vo-way radio (provided by city). Will also be expected to driv� a city veliicle.
Tern�orary lnspecior
W ill be perfpr�niElg a variety of visual inspection duties assocEated �vith the proper i»stallatian, ar�aintenance,
and repair of water metErs. Tf1ey wil! inspect field staff to assure tl�ey pe►•forrn i��stal[ak�o�� and preventative
maintenance ot� �esidential and com�nercial water �7�eters, pip� fittings, valves, meter boxes and lid� to City
af Fort Wortkl standards. They will coordinafe and corr�mt�nicate issues with cont�-actQrs and work to
resolve any customer concern. Tfley wi[l take photos and write daily repa�ts as 4v�ll a�s �x3onftor q�antities of
�nateri�ls. City Crew�eader andlar Sr. FieEd Represenf�iiv� wil] pro�ide all tfle necessary tools and training
required t� perform the assigned tasks. Toals uti[ized will be pip� �vrenc�ies, sci�ewdr�vers, meter bar,
shovel, pump, two-t�vay radia, s�3tart phone and la�top {prov�ded by city). Will afso be expected to drive a
city vehicle.
Temporary Account Technician
Will be �erforming a vari�ty of office tasks related to read to bil� process. They will uploacE download read
cycls and route i��fo�•mation daily ii�to reading software. Perform QAIQC of reads, to assure our rate payers
receive accurate reads by cl�ecking failed audit pa��aaneters, createlclose work orders ukifizing work order
systern. They �vill provide research, data entry of rneter inver�tary, cleat� up af accounts, run reports, and
tnanage contract fire hydrant m�ter accour�ts. They will �rovide dispatch and c�rsto�ner service to
ii7ternal/external cErstotners. City Sr. Account Technicia�l wi[I provide all tlle neeessary tools and training
E•equired ta perforrn t1�e assignecf tasks. Tools uti[izeci wil! be co�nputer, phone, two-way radio specialized
software {CIS, SPMR, CRM), Microsoft Office, and basic of[ice equi�mcnt. Will not cirive a city �ehicle.
�I1 ternp�r��y employees on first day will receive orret�tation where an o�erview of their duties,
respo»sibilities ancl expectafions are explair�ed as well as be provided training as follows:
• Meter termi�7ology
+ How to Read a meter
• Work order guidance — ho�v to read a�vork ordee and impartance of peoper �vrittesl notes
• Mapsco — how ta re�d and per-form a[oc�tion se�rch
• Except�ona! Customer Service
• Safety; PPEs, E�ac�iation, Field Hazards, T}�ermal extrert�ities, Accident and inj�iry reporting
• Pre-Trip Vehic�e inspectian form
An assi�;ned trainer will then woe�C with ternporary e�nploy�es and doc�ment theit� progress �intil they Eneet
satisfacto�y skill le�els which ti�vill be recorded on 30, 60, 9Q performance evaluation.
Temporary etnployees assigifed �. city vehic�e rvill be required to sigta a vehicle log dai[y attd wil[ be
monitored usii�g Automatic Vehicle Locatior3 (AVL) saftware. Will adhere to tl�e fo[lowing:
• Expecicd to perform daily pre-iri� inspectioras c�r� your assigned city �ehicle and repori any
defciencies immediat�ly.
• Expected to mainta�n your vehicle c�ea�l, organized, and stocked. Wash assigned ve��ic�e at ]east
once a moirth.
• Expected to fueC yo�Gr vehicle on yo�ir return back to the yard,
• No backing alloweci on city vehicles withouk a spotter, you are expected to go around the hlock.
• Expected ta report any vehicuiar accidents immediately to DispatclY, Crewleader, or Supervisor.
• Not allowed to conduct �ersona[ business t�tilizing city vel�icle or hav� any passeElger otller than a
eity employee.
EXYBIT C
Cost Sehedule
POSITION T[TLE
BIGLED UNIT
PR[CE PER HOUR
Field Service Representative
Survey Technician
Accaunt Technician
Senior Field Service Representative
Combination Inspector
$ i 8.90
$23.60
$23.02
$2930
$28.35
c�ty of Fort wortn,
Mayor and
Texas
Council Communication
DATE: 05/19/20 M8�C FILE NUMBER: M&C 20-0327
LOG NAME: 13P20-0050 TEMPORARY FIELD STAFF CC WATER
SUBJECT
Authorize Execution of an Agreement with PDQ Temporaries Inc., for Temporary Field Staffing Services in an Annual Amount Up to
$500,000.00 and Authorize Four Annual Renewal Options and Increase Amounts of $575,000.00 for the Third Renewal and $661,250.00 for the
Fourth Renewal (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with PDQ Temporaries Inc., for temporary field staffing services in an
annual amount up to $500,000.00 and authorize four annual renewal options and increase amounts of $575,000.00 for the third renewal and
$661,250.00 for the fourth renewal.
DISCUSSION:
The Water Department approached the Purchasing Division to procure an annual agreement for temporary field staffing services. The temporary
positions needed are Field Service Representative, Survey Technician, Senior Field Service Representative, and Combination Inspector. In order
to procure these services, Staff issued a Request for Proposals (RFP). The RFP consisted of detailed specifications regarding the job
descriptions and qualifications. The services will be requested on an "as needed" basis during staff absences, work overloads, and special
projects. Specific areas where this contract will be utilized include in support of the meter inventory and lead service replacement program, on-
going meter replacement in support of the MyH2O program, and seasonal support to the meter reading contract to ensure staffing levels do not
impact meter and billing functions. An increase in the annual amount for years three and four will ensure that spending authority is available
throughout the agreement term.
The RFP was advertised in the Fort Worth Star-Telegram on January 29, 2020, February 5, 2020 and February 12, 2020. The City received three
proposals.
Proposals were evaluated on best value criteria including qualifications, experience, references, comprehensive recruitment process and
availability of resources. Staff from the Water Department evaluated the proposals submitted and recommends awarding a one-year agreement to
PDQ Temporaries Inc. with four one-year options to renew. No guarantee was made that a specific amount of these services will be purchased.
The amount for the Water Department's annual requirements is up to $500,000.00 with an increase in the annual amount for years three, four and
five to ensure that spending authority for staffing services is available throughout the agreement term. In addition, an administrative change order
or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require
specific City Council approval as long as sufficient funds have been appropriated.
Office of Business Diversity - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and
approved by the OBD, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting
or supplier opportunities are negligible.
Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall end one year from that date.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as appropriated,
of the Water and Sewer Fund and that, prior to an expenditure being made, the participating department has the responsibility to validate the
availability of funds.
Submitted for City Manager's Office b� Kevin Gunn 2015
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Cynthia Garcia 8525
Cristina Camarillo 8355