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HomeMy WebLinkAboutResolution - 2010-R0102 - Contract 9438 Area Wide Temps, Inc. - 03/04/2010Resolution No. 2010-RO102 March 4, 2010 Item No. 5.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9438 for temporary employment services per Bid #10 -020 -DT, by and between the City of Lubbock and Area Wide Temps, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 4, 2010 TO MARTIN, MAYOR ATTEST: RebeA Garza, City Secretary APPROVED AS TO CONTENT: Andy Yurcham, Chief Financial Officer APPROVED AS TO FORM: Weaver, Assistant City Attorney vwxcdocs'RES.Contract-Area Wide Temps, Inc. February 19, 2010 Resolution No. 2010-RO102 City of Lubbock, TX SERVICE AGREEMENT Temporary Employment Services for Trades RFP 10 -020 -DT Contract 9438 This Service Agreement (this "Agreement") is entered into as of the 4th day of, March 2010 (Effective Date") by and between Area Wide Temps, Inc. (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposal 10 -020 -DT for Temporary Employment Services for Trades. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Temporary Employment Services for Trades upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Conditions 3. Exhibit B — Temporary Worker Qualifications 4. Exhibit C — Temporary Agency Bill Rate Sheet Article 1— Services 1.1 Contractor agrees to perform those services for the City that are specified on Exhibit A (the "Services") and attached hereto. 1.2 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. Nonappropriation clause. 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 Lubbock 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 contractor on thirty (30) days prior written notice, but failure to give such notice shall RFP 10 -020 -DT Temporary Employment Services Page I of 10 [Trades — Area Wide Temps] be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 — Miscellaneous 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX Tom Martin, Mayor RFP 10 -020 -DT Temporary Employment Services Page 2 of 10 [Trades Area Wide Temps] CONTRACTOR Name: Maria A. Bergia Title: President ATTEST: Rebecca Wa3arza, City Secretary D AS TO CONTENT: Leisa Hutcheson, Director of Human Resources and Risk Management 7APP7%ASTO FORM: Assistant City Attorney RFP 10-020- DT Temporary Employment Services Page 3 of 10 [Trades Area Wide Temps] Resolution No. 2010—RO102 EXHIBIT A GENERAL CONDITIONS 1.1 Proposers will quote a bill rate for each type of temporary worker described in the job descriptions EXHIBIT C to this request for proposal. 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 Drivers License Checks, Criminal History Background Checks, Drug/Alcohol Screens, Physicals, etc. Workers compensation coverage will be the responsibility of the agency. 1.2 The agency will appoint one person who is an employee of the agency who will service this contract and who will be the liaison between the City and their agency. 1.3 The agency will 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. 1.4 The agency 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. 1.5 The City reserves the right to reject workers provided by the successful agency, if they are found to be unacceptable before or after starting on the job to which they have been assigned. 1.6 There shall be no obligation on the part of the City to hire any temporary worker it is supplied under the terms of this RFP on a full time basis following the term of the part time employment. 1.7 Should the City wish to hire an individual who has been filling the temporary position, neither the individual nor the City will be required to pay a placement fee. 1.8 The selected agency will have and maintain a $500,000 fidelity crime bond on the employees it provides to the City to protect the City from any loss caused by the workers it provides. 1.9 The successful agency is to provide the City with weekly billing by department. Normal payment terms are Net 30. 2.0 CONTRACT TERM/TERMINATION 2.1 The contract shall be for a term of three-year, said date of term beginning upon City Council date of formal approval and shall continue without interruption from the executed date, under the same terms and conditions. 2.2 The City may reserves the right to terminate the contract in whole or in part, for any reason, by providing a thirty (30) days written notice to the Agency. 3.0 INDEMNITY INSURANCE Proof of coverage shall be furnished to the City of Lubbock in the form of a certificate of insurance. The insurance certificates furnished shall name the City of Lubbock as a primary additional insured and provide a waiver of subrogation in favor of the City of Lubbock, or in the alternative, shall be accompanied by a statement from the contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 3.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and employees from and against any and all liability or alleged liability without fault and liability by virtue of the obligations that the City of Lubbock assumes toward its indemnity(s) insofar as applicable to this Contract or the work to be performed hereunder and including cost of suit, RFP 10 -020 -DT Temporary Employment Services Page 4 of 10 [Trades Area Wide Temps] attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly or indirectly from any cause whatsoever in connection with or incidental to this Contract or the work to be performed hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission of the City, its officers and employees, excepting only such injury or harm as may be caused solely by an act or omission of the City, its officers and employees. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the City from and against any and all such liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee of Contractor, or of any subcontractor, or materialsman, or anyone acting on behalf of contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property facilities, materials, or equipment, including where such condition and resulting injury or harm is caused in part by any negligent act or omission of City, its officers and employee, but excepting only such injury or harm as may caused solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstance against City, its officers and employees. 3.2 The Contractor shall secure and maintain insurance for the duration of the contract. Proof of the Contractor's liability insurance shall be provided prior to receipt of a signed contract. The following insurance is required. 3.2.1 Workman's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job including Employers Liability of at least $500,000 aggregate. Commercial General Liability Insurance at minimum combined single limits of $500,000 each occurrence and in the aggregate and shall include the following: $500,000 Products and completed operations $500,000 Personal Injury and Advertising Injury $500,000 Contractual Liability Automobile Liability - Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to the following: Any Auto 3.2.2 A Comprehensive General Liability Insurance form may be used in lieu of a Commercial General Liability Insurance form. However, if the successful offeror chooses this alternative, he must get specific requirements from the City of Lubbock. 3.3 All policies or certificates shall also contain the following endorsements: 3.3.1 Name insured wording which includes the Contractor, Subcontractors, and the City of Lubbock with respect to general liability and automobile liability. 3.3.2 All liability policies shall contain cross liability and severability of interest clauses. 3.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance coverages. 3.3.4 The policy shall be endorsed to require the insured to immediately notify the City of Lubbock of any changes in the insurance coverage. 3.4 All insurance shall be purchased from an insurance company that meets the following requirements. RFP 10 -020 -DT Temporary Employment Services Page 5 of 10 [Trades Area Wide Temps] 3.4.1 A best financial grading of A: VII or better 3.4.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas Guaranty Fund. 3.5 All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of insurance shall be prepared and executed by the insurance company or it's authorized agent and shall contain provisions representing and warranting the following: 3.5.1 The company is licensed and admitted to do business in the State of Texas. 3.5.2 The company's forms have been approved by the Texas State Board of Insurance. 3.5.3 Sets forth all endorsements as required above. 3.6 The City of Lubbock shall receive at least sixty (60) calendar days notice prior to cancellation or termination of insurance. RFP 10 -020 -DT Temporary Employment Services Page 6 of 10 [Trades Area Wide Temps] Resolution No. 2010—RO102 EXHIBIT B TEMPORARY WORKER QUALIFICATIONS FOR TRADES 1. CONSTRUCTION AND MAINTENANCE WORKER I (STREETS) Any combination of education and experience equivalent to completion of the tenth grade and six months of experience in performing manual labor. Knowledge of the types and uses of common hand tools used in construction and maintenance of public roadways. Ability to perform manual tasks requiring physical strength and endurance. Ability to follow oral and written instructions. Ability to establish and maintain effective public relations. Possession of a Texas Commercial Driver's License with specific endorsements when required. Ability to continuously walk and stand during the shift. Ability to climb ladders, scaffolding, stairs, poles, and inclined surfaces. Ability to continuously bend and frequently kneel during the shift. Ability to frequently lift up to 75 pounds and occasionally lift up to 100 pounds. Ability to frequently carry up to 75 pounds and occasionally carry up to 100 pounds. Ability to push and pull objects. Ability to flex upper trunk forward at the waist and partially at the knees. Ability to frequently rotate trunk to the right or left while sitting or standing. Ability to continuously reach above, at, or below shoulder height. Ability to coordinate eye, hand, and foot movement in order to operate a vehicle. Ability to communicate effectively with others. Requires working in outside weather conditions during the shift. 2. ELECTRONICS TECHNICIAN I (RADIO SHOP) Any combination of education and experience equivalent to the completion of a high school diploma and six months of responsible work experience in the repair and maintenance of mechanical and/or electrical equipment. Possession of a Texas Driver's License. Ability to learn the methods and equipment used in radio communication installation and repair. Ability to communicate effectively with others. Ability to occasionally stand and walk during the shift. Ability to occasionally climb stairs, ladders, and other inclined surfaces. Ability to occasionally bend and kneel during the shift. Ability to continuously lift and carry up to 25 pounds. Ability to frequently lift and carry up to 50 pounds. Ability to frequently flex upper trunk forward at the waist and partially at the knees. Ability to frequently rotate upper trunk to the left or right while sitting or standing. Ability to place arms above, at, and below shoulder height. Ability to coordinate eye, hand, and foot movement in order to operate a vehicle. 3. EQUIPMENT OPERATOR I (SOLID WASTE, STREETS, CEMETERY, PARKS & REC) Any combination of education and experience equivalent to the completion of the tenth grade and six months experience in maintenance or construction work involving the operation of motorized equipment. Ability to follow oral and written instructions. Possession of a Texas Commercial Driver's License with specific endorsements when required. Knowledge of the mechanical operation of light equipment, and must possess some mechanical aptitude. Ability to perform maintenance and service work on trucks and light equipment. Ability to get along well with others. Ability to communicate effectively with others. Ability to frequently walk and stand during the shift. Ability to frequently climb ladders, stairs, and inclined surfaces. Ability to continuously bend and kneel. Ability to continuously lift up to 25 pounds and frequently lift up to 50 pounds. Ability to continuously carry up to 25 pounds and frequently carry up to 50 pounds. Ability to pull and push objects. Ability to continuously flex upper trunk forward at the waist and partially flex at the knees. Ability to reach above, at, or below shoulder height. Ability to coordinate eye, hand, and foot movement in order to operate motorized equipment. Machines and equipment typically used during the shift are hand tools, power/air tools, backhoe, forklift, gardening tools, and chain saws. Requires working in outside weather conditions during all seasons. RFP 10 -020 -DT Temporary Employment Services Page 7 of 10 [Trades Area Wide Temps) 4. EQUIPMENT OPERATOR II (SOLID WASTE) Any combination of education and experience equivalent to completion of a high school diploma with an additional one year experience in maintenance or construction work involving the operation of motorized equipment. Possession of a Texas Commercial Driver's License with specific endorsements when required. Ability to operate heavy equipment skillfully and safely. Ability to perform maintenance and service work on trucks and heavy equipment. Ability to make field repairs. Ability to understand and follow oral and written instructions. Ability to frequently lift items in excess of 50 pounds. Ability to occasionally lift and carry up to 75 pounds. Ability to walk and stand during a shift. Ability to continuously flex upper trunk forward at the waist and partially at the knees. Ability to frequently rotate upper trunk to the right or left while sitting or standing. Ability to reach above, at or below shoulder height. Ability to coordinate eye, hand, and foot movement in order to operate motorized vehicles and machinery. Requires working in outside weather conditions during all seasons. 5. GENERAL LABORER (CIVIC CENTER/COLISEUM) Any combination of education and experience equivalent to completion of the tenth grade and six months experience in performing manual labor. Knowledge of common hand tools and some power tools used in assembling partition system. Ability to perform manual tasks requiring physical strength and endurance. Ability to follow oral and written instructions. Ability to deal courteously with the public. Requires possession of a Texas Operator's License. Ability to frequently walk and stand during the shift. Ability to frequently bend and kneel. Ability to continuously lift up to 25 pounds, frequently lift up to 50 pounds, and occasionally lift to 75 pounds. Ability to continuously carry up to 25 pounds, frequently carry up to 50 pounds, and occasionally carry up to 75 pounds. Ability to push and pull objects. Ability to frequently flex upper trunk at the waist and partially at the knees. Ability to occasionally rotate upper trunk to the right or left while sitting or standing. Ability to reach above, at, or below shoulder height. Ability to coordinate eye, hand, and foot movement in order to operate vehicles and equipment. Ability to communicate effectively with others. 6. GENERAL LABORER CREW LEADER — (CIVIC CENTER/COLISEUM) Any combination of education and experience equivalent to the completion of a high school diploma with one year experience in performing manual labor, including some supervisory experience. Knowledge of common hand tools and some power tools used in assembling partition system. Ability to perform manual tasks requiring physical strength and endurance. Ability to follow oral and written instructions. Ability to deal courteously with the public. Ability to communicate effectively with others. Requires possession of a Texas Driver's license. Ability to frequently bend and kneel. Ability to frequently walk and stand during the shift. Ability to continuously lift up to 25 pounds, frequently lift up to 50 pounds, and occasionally lift up to 75 pounds. Ability to continuously carry up to 25 pounds, frequently carry up to 50 pounds, and occasionally carry up to 75 pounds. Ability to push and pull objects. Ability to frequently flex upper trunk at the waist and partially at the knees. Ability to occasionally rotate upper trunk to the right or left while sitting or standing. Ability to coordinate eye, hand, and foot movement in order to operate vehicles and equipment. 7. GROUNDS MAINTENANCE WORKER Any combination of education and experience equivalent to completion of the eighth grade and some experience in groundskeeping, gardening, or maintenance work. Knowledge of common groundskeeping methods, tools, and supplies. Knowledge of common practices in planting, cultivating, and caring for trees, shrubs, flowers, and lawns. Ability to understand and cant' out oral and written instructions. Skill in the use of hand tools and simple motorized equipment. Possession of some mechanical aptitude, physical fitness, and endurance. Ability to deal courteously with the public. Requires possession of a Texas RFP 10 -020 -DT Temporary Employment Services Page 8 of 10 [Trades Area Wide Temps] Operator's License. Ability to frequently walk and stand during the shift. Ability to frequently bend and kneel. Ability to continuously lift up to 25 pounds, frequently lift up to 50 pounds, and occasionally lift up to 75 pounds. Ability to continuously carry up to 25 pounds, frequently carry up to 50 pounds, and occasionally carry up to 75 pounds. Ability to push and pull objects. Ability to frequently flex upper trunk at the waist and partially at the knees. Ability to occasionally rotate upper trunk to the right or left while sitting or standing. Ability to reach above, at, or below shoulder height. Ability to coordinate eye, hand, and foot movement in order to operate vehicles and equipment. Ability to communicate effectively with others. Machines and equipment used during the shift are tractor and push mowers, trimmer, edger, shovel, hoe, rake, broom, and saws. Requires working in outside weather conditions during all seasons. 8. RECYCLING ATTENDANT — (SOLID WASTE) Any combination of education and experience equivalent to the completion of the tenth grade and six months experience in maintenance or construction work. Ability to understand and follow oral and written instructions. Ability to frequently lift items in excess of 50 pounds. Ability to occasionally lift and carry up to 75 pounds. Ability to walk and stand during a shift. Ability to continuously flex upper trunk forward at the waist and partially at the knees. Ability to frequently rotate upper trunk to the right or left while sitting or standing. Ability to reach above, at or below shoulder height. Ability to get along well with others. Ability to communicate effectively with others. Requires working in outside weather conditions during all seasons. Ability to operate a riding lawn mower and skid loader equipment skillfully and safely. 9. WATERWORKS OPERATION AND DRIVERS — (WATER UTILITIES) Any combination of education and experience equivalent to the completion school diploma with one year experience in construction or maintenance. Knowledge of the types and uses of hand tools and equipment for construction and maintenance. Knowledge of methods used to construct and maintain a variety of public works. Ability to perform manual tasks requiring physical strength and endurance. Ability to follow oral and written instructions. Ability to communicate effectively with others. Ability to frequently bend and kneel during a shift. Ability to frequently walk and stand during the shift. Ability to frequently lift and carry up to 75 pounds, and occasionally lift and carry up to 100 pounds. Ability to push and pull objects. Ability to continuously flex upper trunk forward at the waist and partially at the knees. Ability to continuously rotate upper trunk to the right or left while sitting or standing. Ability to reach above, at or below shoulder height. RFP 10 -020 -DT Temporary Employment Services Page 9 of 10 [Trades — Area Wide Temps] Resolution No. 2010—RO102 Temporary Employment Services for Trades CITY OF LUBBOCK, TEXAS RFP 10 -020 -DT EXHIBIT C TEMPORARY AGENCY BILL RATE SHEET ITEM DESCRIPTION BILL RATE 1 Construction and Maintenance Worker I $ 9.79 2 Electronics Technician I 9.39 3 Equipment Operator I 9.39 4 Equipment Operator II 9.79 5 General Laborer 9.25 6 General Laborer Crew Leader 9.25 7 Grounds Maintenance Worker 9.39 8 Recycling Attendant 9.39 9 Waterworks Operator and Driver 9.79 Company Name: Signature of Com Printed name of company official and title: Maria A Bersia President RFP 10 -020 -DT Temporary Employment Services Page 10 of 10 [Trades — Area Wide Temps]