HomeMy WebLinkAboutContract 54106-R2 CSC No. 54106-R2
FORT WORTH.
CITY OF FORT WORTH
REQUEST TO EXERCISE RENEWAL OPTION
May 31, 2022
Ms. Sue Beets, CSP
Regional Vice President
PDQ Staffing, Inc.
704 Hunters Row Ct
Mansfield, TX 76063
Email: SBeets@adastaff.com
Re: REQUEST TO EXERCISE RENEWAL OPTION
Temporary Staffing Services
Contract No. CSC No.54106 (the"Contract')
Renewal Term No./1'July 7, 2022 to July 6, 2023
The above referenced Contract will expire on July 6,2022. Pursuant to the Contract, contract renewals are
at the sole option of the City. This letter is to inform you that the City is exercising its right to renew CSC
No.54106 for an additional one year period,which will begin immediately upon the expiration of the current
term and will end on July 6, 2023. All other terms and conditions of CSC No. 54106 remain unchanged.
Please return this signed acknowledgement letter, along with a copy of your current insurance
certificate and an updated Form 1295,to the address set forth below,acknowledging receipt of the
Notice to contract Renewal.
Please log onto http://fortworthexas.gov/purchasing to insure that your company 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,
I.2C?2!`..ir,:.DT,
Homero Beltran
Water Systems Superintendent
Water Department
Customer Care Division
Meter Services Section
817-392-8741
1 hereby acknowledge receipt of the contract Renewal Notice for CSC No. 54106 for a one year period
ending July 6, 2023.
Form 1295 Certification number: 2022-893072
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
PDQ Staffing, Inc.
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By. `1-' u'e Ise e.+!-�, Date:
Printed Name and Title
Signature
CITY OF FORT WORTH:
By. Dana Burghdoff(Jun 6,202 9:09 CDT)� Date:
Dana Burghdoff,Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By: Delack(Jun 3,202211:55 CDT) Date:
Doug Black, Sr.Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
Contract, including ensuring all performance and reporting requirements.
By: Homero Beltran(Jun 1,2022 0' Date:
Homero Beltran, Water Systems Superintendent
RECOMMENDED:
By: (Jun 1,202211:43 CDT) Date:
Kara Shuror, Deputy Water Director
CG�YlSf"O�JG�BY�v BY
By:
Christopher Harder(Jun 1,2022 1: Date:
Christopher Harder, Water Department Director
ATTEST: M&C No.20-0327
1R���eft�-S. �o¢rJa,GG
By. Jannette S.Goodall(Jun 6,2022 07:22 HST) Date:
Jannette Goodall, City Secretary -"�too4nnn��
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CSC#54106
CITY OF FORT WORTH
TEMPORARY STAFFING SERVICES AGREEMENT
This TEMPORARY STAFFING SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH (the "City"), a home-rule municipal
corporation situated in portions of Tarrant, Denton, Parker and Wise Counties, Texas, acting by and
through Dana Burglidoff, its duly authorized Assistant City Manager, and PDQ STAFFING, INC.
("Provider"), a Texas corporation and acting by and through Sue Beets, its duly authorized Regional
VP.
1. SCOPE OF SERVICES.
Provider hereby agrees to provide the City with professional services for the purpose of secure a
professional service contract as outlined in the agreement for temporary staffing personnel services on
an "as needed" basis for field work activity for the City of Fort Worth Water Department (FWWD).
Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of
Services"and who meet the qualifications for the tasks identified in Exhibit"B".
2. Tom.
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.
3. COMPENSATION.
The City shall pay Provider an amount not to exceed $500,000 for the services and arnounts as
shown in Exhibit "C". If the City chooses to renew the Agreement, the not to exceed amount shall
remain the same in year two(2).The 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 not perform 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 specified by this Agreement unless
the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Provider may terminate this Agreement at any time and for any reason by
providing the other party with 30 days written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient 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 without penalty or expense to the City of any kind Nvhatsoever,except as to the-porti
of the payments herein agreed upon for which finds shalt have been appropriated.
i JEF9CIA8.RECORD
CITY SECRETARY
FT. WORTH,TX
I
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the expiration of the then-current
term, the City shall pay Provider for services actually rendered up to the effective date of
termination, and Provider shall continue to provide the City with services requested by the City
and in accordance with this Agreement up to the effective date oftermination.
5. DISCL.OSUR_E OF CONFLICTS AND CONFIDFNTIAL INFORMATION.
Provider hereby warrants to the City that Provider has made full disclosure in writing of any
existing or potential conflicts of interest related to Provider's services under this Agreement. In the event
that any conflicts of interest arise after the Effective Date of this Agreement, Provider hereby agrees
immediately to make full disclosure to the City in writing. Provider,for itself and its officers,agents and
employees, further agrees that it shall treat all information provided to it by the City as confidential
("City Information") and shall not disclose any such information to a third party without the prior
written approval of the City. Provider shall store and maintain City Information in a secure manner and
shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any
way. Provider shall notify the City immediately if the security or integrity of any City information has
been compromised or is believed to have been compromised.
6. RIGHT TO AUDIT.
Provider agrees that the City shall, until the expiration of three (3) years after final payment
tinder this contract, have access to and the right to examine at reasonable times any directly pertinent
books, documents, papers and records of the Provider involving transactions relating to this Contract at
no additional cost to the City. Provider agrees that the City shall have access during normal working
hours to all necessary Provider facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section. The City shall give Provider
reasonable advance notice of intended audits.
Provider further agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, have access to and the right to examine at reasonable times any directly
pertinent books,documents,papers and records of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of
intended audits.
7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Provider shall
operate as an independent contractor as to all rights and privileges and work performed tinder this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Provider shall have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers,agents,
servants, employees, contracts and subcontractors. Provider acknowledges that the doctrine of respondeat
superior shall not apply as between City, its officers, agents, servants and employees, and Provider, its
officers, agents, employees, servants, separate contractors and subcontractors. Provider further agrees
that nothing herein shall be construed as the creation of a partnership or joint enterprise between
City and Provider. It is further understood that City shall in no way be considered a Co-employer
or a Joint employer of Provider or any officers, agents,servants,employees separate contractors,or
subcontractors of Provider. Neither Provider, nor any officers, agents, servants, employees separate
contractors, or subcontractors of Provider shall be entitled to any employment benefits from City.
Provider shall be responsible and liable for any and all payment and reporting of taxes on behalf of
itself, and any of its officers,agents,servants,employees,separate contractors,or subcontractors. It
is further understood that Provider shall be responsible for the management of its officers, agents,
servants, employees, separate contractors, and subcontractors for any violations of the Provider's own
policies and procedures,which Provider represents meet the requirements under the request for proposal
for these services.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF PROVIDER, ITS OFFICERS, AGENTS,
SERVANTS,EMPLOYEES,SEPARATE CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - PROVIDER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTSAND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OF
ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO PROVIDER'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO
THE EXTENT CA USED BY THE INTENTIONAL AND NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
SEPARATE CONTRACTORS, OR SUBCONTRACTORS.
FURTHER, IN THE EVENT CITY IS HELD LIABLE AS A JOINT-EMPLOYER OR
DETERMINED TO BE A JOINT-EMPLOYER BY A COURT OF LAW, ADMINISTRATIVE BODY
OR SIMILAR AUTHORITY, PROVIDER COVENANTS AND AGREES TO INDEMNIFY CITY FOR
ANY JUDGEMENTS, AWARDS, EXPENSES AND COSTS (INCLUDING BUT NOT LIMITED TO
ATTORNEYS FEES) ORDERED AGAINST THE CITY.
8.3 WAIVER OF CLAIMS AS JOINT-EMPLOYER —PROVIDER HEREBY DISCLAIMS
AND WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST THE CITY WITH
REGARD TO LIABILITY OR RESPONSIBILITY FOR PROVIDER'S OBLIGATIONS AS
EMPLOYER WITH RESPECT TO PROVIDER'S EMPLOYEES,INCLUDING BUT NOT LIMITED
TO OBLIGATIONS SUCH AS PAYMENT OF WORKERS COMPENSATION CLAIMS OR
BENEFITS, COMPLL4NCE WITH THE FEDERAL FAIR LABOR STANDARDS ACT, PAYMENT
OR FURNISHING OF HEALTH, RETIREMENT OR OTHER BENEFITS, AND RESPONSIBILITY
FOR PAYMENT OF UNEMPLOYMENT INSURANCE OR CONTRIBUTIONS.
8.4 INTELLECTUAL PROPERTY INDEMNIFICATION — Provider agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation.So long as Provider bears the cost and expense of payment for claims or actions
against City pursuant to this section,Provider shall have the right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Provider in doing so. In the event City, for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under
this Agreement, City shall have the sole right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise any such claim;
however, Provider shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Provider timely written notice of any such claim or action, with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses shall not eliminate Provider's duty to indemnify City under this
Agreement.If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted, Provider shall, at its own expense and as City's sole remedy, either:
(a) procure for City the right to continue to use the software and/or documentation; or(b) modify the
isoftware and/or documentation to make it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the software and/or documentation; or(c) replace
the software and/or documentation with equally suitable, compatible, and functionally equivalent
non-infringing software and/or documentation at no additional charge to City; or(d) if none of the
foregoing alternatives is reasonably available to Provider terminate this Agreement, and refund all
amounts paid to Provider by City, subsequent to which termination City may seek any and all
remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
Provider shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an assignment,the
assignee shall execute a written agreement with the City and the Provider under which the assignee
agrees to be bound by the duties and obligations of Provider under this Agreement. The Provider and
Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the
City grants consent to a subcontract, the subcontractor shall execute a written agreement with the
Provider referencing this Agreement under which the subcontractor shall agree to be bound by the duties
and obligations of the Provider under this Agreement as such duties and obligations may apply. The
Provider shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Provider shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Provider, its employees, agents,
representatives in the course of the providing services under this Agreement.
"Any vehicle"shall be any vehicle owned,hired and non-owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence,$500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Professional Liability(Errors&Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to the City to
evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Provider has obtained all required
insurance shall be delivered to the City prior to Provider proceeding with any work
pursuant to this Agreement. All policies except Workers' Compensation shall be
endorsed to name the City as an additional insured thereon, as its interests may appear.
All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort
Worth. The term "City" shall include its employees, officers, officials, agent, and
volunteers in respect to the contracted services. Any failure on the part of the City to
request required insurance documentation shall not constitute a waiver of the insurance
requirement. A minimum of thirty(30) days' notice of cancellation or reduction in limits
of coverage shall be provided to the City.Ten(10)days' notice shall be acceptable in the
event of non-payment of premium. Such terms sliall be endorsed onto Provider's
insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same
address.
11. COMPLIANCL WITH LAWS.ORDINANCES.RULES AND REGULATIONS.
Provider agrees to comply with all applicable federal, state and local laws,ordinances,riles and
regulations. If the City notifies Provider of any violation of such laws, ordinances, rules or regulations,
Provider shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Provider, for itself, its personal representatives, assigns, employees, separate contractors,
subcontractors and successors in interest, as part of the consideration herein, agrees that in the
performance of Provider's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by Iaw. If any claim arises
from an alleged violation of this non- discrimination covenant by Provider, its personal representatives,
assigns, employees, separate contractors, subcontractors or successors in interest, Provider agrees to
assume such liability and to indemnify and defend the City and hold the City harmless from such
claim.
13. NOTICES.
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 The CITY: PDQ Staffing, Inc.
City of Fort Worth Attn: Sue Beets
Attn: Chris Harder Regional VP
Water Department Director200 Texas Street 704 Hunters Row Ct
Fort Worth TX 76IO2-6311 Mansfield TX 76063
Office:(817)392-5020 (817)453-0077 ext. 7501
To PROVIDER:
14. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
15. NO WAIVER.
The failure of the City or Provider to insist upon the performance of any tern or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Provider's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
16. GOVERNING LAW/VENUE,.
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought on the basis 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 Division.
17. SEVERABIL.ITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
18. FORCE MAJEURE.
The City and Provider shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including,but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority,transportation problems and/or any other similar causes.
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding upon a party hereto
unless such extension, modification, or amendment is set forth in a written instrument, which is executed
by an authorized representative and delivered on behalf of such party.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference,contains the entire understanding and agreement between the City and
Provider, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
23. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to
rely on this warranty and representation in entering into this Agreement.
24. IMMIGRATION NATIONALITY ACT.
Provider shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Provider shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Provider shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Provider employee who is not legally eligible to perform such services. PROVIDER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY PROVIDER,
PROVIDER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon
written notice to Provider, shall have the right to immediately terminate this Agreement for violations of
this provision by Provider.
25. NO BOYCOTT OF ISRAEL.
If Provider has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Provider acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, Provider certifies that Provider's signature provides written
verification to the City that Provider: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF,the parties have executed this Agreement this 1,17.2020 day of Ju17,2020
2020.
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
Dana&4gh4oa of this contract,including ensuring all performance
By: Dana Bunzhdofl ut6,202013:23CDT) and reporting requirements.
Name: Dana Bur hdoff
Title: Assistant City Manager
E�'AaY Garcia
Edg Garcia(Jun 26,202011.0I CDT)
Date: Jut 6,Zozo By:
Name: Ed ar Garcia
APPROVAL RECOMMENDED: Title: Water Systems Superintendent
APPROVED AS TO FORM AND LEGALITY:
By:
ir/,irixrr
Name: Chris Harder,P.E.
Title: Water Director By: '0
Name: Christa R. Lopez-Reynolds
ATTEST: Title: Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
�'j �]` , ^•! C: 20-0327
By: s� Approved: bs f lq/;to
Name: Ma Ka ser
Title: City Secretary �t;1295 Certification No.:2020-598660
o 1
PROVIDER:
PDQ Staffing,Inc.
By: C!L' on.. —
Name: Su eels
Title: Regional Vice President
Date: k/D��-4c�ogo
OFFICIAL RECORD
TemporaryStaffingserviccsap,rccment06242020cr1 CITY SECRETARY
FT. WORTH,TX
Exhibit"A"
SCOPE OF SERVICES
Provider will provide temporary staffing services for field work activity for the Fort Worth Water
Department(FWWD)on an as needed basis in accordance with the Agreement and the terms
outlined below.
1.1 The Provider shall adhere to the following terms and conditions:
1.1.1 Provide temporary worker(s)within twenty-four(24)hours of the request. If the
Provider cannot provided a temporary worker within the specified timeframe,the
City may seek temporary staffing services elsewhere or perform the service itself.
services.
1.1.2 Provide qualified temporary workers who possess necessary skills,knowledge and
ability to perform the jobs as detailed in the job descriptions(see Exhibit B).
However, the City reserves the right to reject a temporary worker submitted by
Provider if he/she is found to be unacceptable before or after starting on the job to
which he/she has been assigned.
1.1.3 There shall be no obligations on the part of the City to hire any temporary worker
it is supplied under the terms of the Agreement on a full time basis following their
term of the temporary work deployment.
1.1.4 Should the City wish to hire a temporary worker who has been filling the temporary
position,neither the temporary worker nor the City will be required to pay a
placement fee.
1.1.5 Provider is required to pay an hourly wage rate that meets or exceeds that
established by the Department of Labor.
1.1.6 Provider is responsible for assuring a Temporary workers have a reliable source of
transportation to and from work site.
1.1.7 Provider shall ensure that no temporary worker is permitted to stay in a temporary
staffing position for longer than a year and a half from the time they are assigned
by the Provider to that position.
1.1.8 A workweek constituting forty work hours shall be considered a regular workweek
less any established CITY holidays.The Provider will be responsible for assigning
temporary workers to either first shift Monday through Friday,7:30 a.m.to 4:00
p.m.or 2nd shift Monday through Friday, 1:00 p.m.to 9:30 p.m. with half hour
lunch period. If the City request the Provider to adjust schedules to meet workload
demand Provider shall not unreasonably deny such request.
1.1.8.1 Holidays: The City observes eight(8)holidays,which the Provider
will also observe without payment. Those holidays are New
Year's Day,Martin Luther King Jr.Day, Memorial Day,
Independence Day, Labor Day,Thanksgiving Day and the Day
after Thanksgiving, and Christmas Day.
1.1.9 Provider shall be responsible for ensuring temporary workers are available to
perform services on Saturdays deemed necessary by the City.It will be the
responsibility of the Provider to ensure temporary workers will be paid only for
hours actually worked and tardiness or absenteeism will not be tolerated. Overtime
will be billed at 1.50 times the normal billing rate and will require written approval
by the City.
l.l.10 The City will not reimburse mileage or parking.
1.1.1 1 Provider shall prepare payroll checks,make all necessary deductions and pay all
taxes and insurance required by Federal, State,and Local laws. Provider accepts
full responsibility for the payment of wages,compensation and benefits to
personnel and accepts responsibility for payment of all taxes,assessments,fees, and
fines that may be due and owing to any Local,State or Federal government
agencies.
1.1.12 Provider shall call the Water Department at 817-392-2244 or as otherwise
instructed in writing to confirm the name of each assigned candidate and verify his
or her skills to the City needs.
j1.1.13 Provider shall furnish temporary workers,qualified to perform the field and
facilities tasks in public areas and follow City guidelines and policies as identified
in Exhibit B. Employee shall be at least eighteen(18)years of age, If the Provider
fails to ensure that the temporary worker(s)meet the qualifications necessary to
perform the identified task then the City may stop that service from the
individual(s)and shall not be obligated to compensate the Provider for the service.
1.1.14 Provider slialI ensure the temporary workers wear the following job-related attire
while performing the job:
1.1.14.1 Uniform top—Solid colored top in Navy,White or Grey.No
graphics.
1.1.14.2 Uniform bottom—Denim jeans—free from holes and wear and
tear.
1.1.14.3 Uniform footwear—Steel toe safety boots
1.1.14.4 Business Casual—Office work only
1.1.15 To the extent permissible by the law,Provider shall be required to run background
checks on all potential temporary workers to be sent to the City and drug test will
be included,as required.Also,as required,must perform a Human Performance
Evaluation(HPE)test,which includes lifting and carrying up to 25 pounds
frequently,up to 60 pounds of force occasionally and up to 100 pounds of force
occasionally.
1.1.16 Provider shall ensure that no temporary employee shall arrive on City premises
with any type of firearms or weapons,drugs or alcohol.
1.1.17 Provider will apprise each potential temporary worker proposed to be assigned to
the City about temporary worker the physical dernands and responsibilities of the
position and will screen candidates to ensure they can perform required tasks.
1.1.18 Temporary employees will be assigned to the Water Department located in the
downtown Fort Worth and other locations within Tarrant County.
1.1.19 Provider shall be responsible for meeting all Federal: laws,ordinances and
regulations; State: laws,ordinances and regulations;County: laws, ordinances and
regulations;and City: laws,ordinances,and regulations for safety of people,
environment and property.This includes,but is not limited to,all Federal, State,
County,and City Agencies.Administrations and Commissions such as the
Environmental Protection Agency(EPA),Occupational Safety and Health
Administration(OSHA), and the Texas Commission on Environmental Quality
(TCEQ). In the event any law,regulation or ordinance becomes effective after the
start of this Agreement,the Supplier is required to comply with new policy.Any
mandates requiring the City to comply with new guidelines will also require the
Provider to comply.
1.1.20 Additional services/positions may be added to Exhibit B by mutual written
agreement of the parties.
i
Exhibit B
Temporary Field Positions and Oualifications
Temporary Field Services Representatives
Will be performing a variety of technical and manual labor tasks associated with the installation,
maintenance,and repair of water meters. Will be assigned work orders to perform installation and
preventative maintenance on residential and commercial water meters, pipe fittings,valves,meter boxes and
lids. Will also be assigned work orders to validate water meter readings,turn on/off water services,and
lock water service for delinquent accounts. A City Crewleader and/or Sr.Field Representive will provide
all the necessary tools and training required to perform the assigned tasks. Tools utilized will be pipe
wrenches, screwdrivers,meter bar,grinder, sawzall,shovel,pump,two-way radio. Will also be expected to
drive a city vehicle.
Temporary Survey Technician
Will be performing a variety of technical tasks associated with the identification of water meters and
services. Will be assigned work orders to conduct surveys of in order to establish location(longitudes,
latitudes),verify accuracy of meter information,and identify service diameter and material on customer and
city side.A City Crewleader and/or Sr. Field Representative will provide all the necessary tools and training
required to perform the assigned tasks.Tools utilized will be Trimble GPS device&rod,screwdrivers,
meter bar,shovel,pump,two-way radio,and tablets(provided by city). Will also be expected to drive a city
vehicle.
Temporary Sr.Field Services Representative
Will be training staff on a variety of technical and manual labor tasks associated with the installation,
maintenance,and repair of water meters. Will be responsible conducting and developing mechanical/
technical skills of field staff. Will provide 30,60,90 day performance assessments to field staff and report
to City Crewleader.Will conduct classes regarding safety,security,installation,programming,maintenance,
and repair of meters,machinery,and equipment as well as the proper use and technique of specialized
plumbing tools.Tools utilized will be pipe wrenches,screwdrivers,meter bar,grinder,sawzawl,shovel,
pump,two-way radio(provided by city). Will also be expected to drive a city vehicle.
Temporary Inspector
Will be performing a variety of visual inspection duties associated with the proper installation,maintenance,
and repair of water meters.They will inspect field staff to assure they perform installation and preventative
maintenance on residential and commercial water meters,pipe fittings,valves,meter boxes and lids to City
of Fort Worth standards. They will coordinate and communicate issues with contractors and work to
resolve any customer concern.They will take photos and write daily reports as well as monitor quantities of
materials. City Crewleader and/or Sr. Field Representative will provide all the necessary tools and training
required to perform the assigned tasks.Tools utilized will be pipe wrenches,screwdrivers,meter bar,
shovel,pump,two-way radio, smart phone and laptop(provided by city). Will also be expected to drive a
city vehicle.
Temporary Account Technician
Will be performing a variety of office tasks related to read to bill process.They will upload download read
cycle and route information daily into reading software.Perform QA/QC of reads,to assure our rate payers
receive accurate reads by checking failed audit parameters,create/close work orders utilizing work order
system.They will provide research,data entry of meter inventory,clean up of accounts,run reports,and
manage contract fire hydrant meter accounts.They will provide dispatch and customer service to
internal/external customers. City Sr.Account Technician will provide all the necessary tools and training
required to perform the assigned tasks.Tools utilized will be computer,phone,two-way radio specialized
software(CIS, SPMR,CRM),Microsoft Office,and basic office equipment. Will not drive a city vehicle.
All temporary employees on first day will receive orientation where an overview of their duties,
responsibilities and expectations are explained as well as be provided training as follows:
• Meter terminology
• How to Read a meter
• Work order guidance—how to read a work order and importance of proper written notes
• Mapsco—how to read and perform a location search
• Exceptional Customer Service
• Safety: PPEs,Evacuation,Field Hazards,Thermal extremities,Accident and injury reporting
• Pre-Trip Vehicle inspection form
An assigned trainer will then work with temporary employees and document their progress until they meet
satisfactory skill levels which will be recorded on 30,60,90 performance evaluation.
Temporary employees assigned a city vehicle will be required to sign a vehicle log daily and will be
monitored using Automatic Vehicle Location(AVL)software. Will adhere to the following:
• Expected to perform daily pre-trip inspections on your assigned city vehicle and report any
deficiencies immediately.
• Expected to maintain your vehicle clean,organized,and stocked. Wash assigned vehicle at least
once a month.
• Expected to fuel your vehicle on your return back to the yard.
• No backing allowed on city vehicles without a spotter,you are expected to go around the block.
• Expected to report any vehicular accidents immediately to Dispatch,Crewleader,or Supervisor.
• Not allowed to conduct personal business utilizing city vehicle or have any passenger other than a
city employee.
EXIBIT C
Cost Schedule
POSITION TITLE BILLED UNIT
PRICE PER DOUR
Field Service Representative $18.90
Survey Technician $21.60
Account Technician $23.02
Senior Field Service Representative $24.30
Combination Inspector $28.35
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/19/20 M&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 Managers Office bT. Kevin Gunn 2015
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Cynthia Garcia 8525
Cristina Camarillo 8355