HomeMy WebLinkAbout217-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 217-23
File Number: 2023-1131
DRIVERS SELECT (SERVICE CONTRACT):
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS
SELECT, INC. FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025
WHEREAS, in 2020, the City issued RFP 20-10 to solicit temporary staffing services and entered into contracts with
TEC Staffing Service and lst Employment through December 15, 2025; and
WHEREAS, due to an ongoing shortage of CDL drivers, staff sought additional proposals from temporary staffing
companies that specialize in CDL drivers; and
WHEREAS, the City's current temporary staffing service providers stated that they would not provide licensed CDL
drivers and competitively soliciting proposals for temporary CDL drivers is not feasible at this time due to the necessity
for continuity of operations; and
WHEREAS, staff recommends contracting with both firms in northwest Arkansas that provide the temporary staffing
of CDL drivers, including Drivers Select.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists
in which competitive bidding is deemed not feasible or practical and, therefore, waives the requirements of formal
competitive bidding and authorizes Mayor Jordan to execute the contract attached to this Resolution with Drivers
Select, Inc. to provide temporary CDL drivers on an as -needed basis through December 15, 2025.
PASSED and APPROVED on October 17, 2023
Page 1
Attest: ```��G�F (� K• i T Ft.F.y ,%
•
2
_ • FAMETT E-,1 ,
Kara Paxton, City C rk Treasurer
ON.
Resolution: 217-23
File Number: 2023-1131
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 17, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Peter Nierengarten, Environmental Director
DATE:
SUBJECT: Driver Select - Temporary Employment Service
RECOMMENDATION:
CITY COUNCIL MEMO
2023-1131
Staff recommends waiving competitive bidding to authorize a contract with Drivers Select for hiring Commercial
Drivers License (CDL) drivers for various City Divisions and Departments.
BACKGROUND:
In 2020 the City of Fayetteville issued RFP 20-10 to solicit for temporary staffing services. Proposals were
received from and contracts were authorized with Tech Staffing Services and 1st Employment but neither
company offers temporary CDL Drivers. Contracts with Tech Staffing Service and 1st Employment run through
December 15, 2025.
DISCUSSION:
Due to an ongoing shortage of CDL drivers, staff sought additional proposals from temporary staffing
companies that specialize in CDL drivers. The City's current temporary staffing service providers stated that
they would not provide licensed CDL drivers, and the City is offering agreements to both firms in northwest
Arkansas that provide the temporary staffing of CDL drivers. Competitively soliciting proposals for temporary
CDL drivers is not feasible at this time due to the necessity for continuity of operations. Drivers Select
specialized in temporary staffing, including CDL drivers in Northwest Arkansas. The term of the agreement
with Drivers Select would run through December 15, 2025 to coincide with the other temporary staffing
agreements.
BUDGET/STAFF IMPACT:
Various City Divisions and Departments have budget allocated for temporary staffing.
ATTACHMENTS: SRF (#3), Drivers Select, Inc. City of Fayetteville Contract (#4)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1131
Driver Select - Temporary Employment Service
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH
DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH
DECEMBER 15, 2025
WHEREAS, in 2020, the City issued RFP 20-10 to solicit temporary staffing services and entered into
contracts with TEC Staffing Service and 1 st Employment through December 15, 2025; and
WHEREAS, due to an ongoing shortage of CDL drivers, staff sought additional proposals from
temporary staffing companies that specialize in CDL drivers; and
WHEREAS, the City's current temporary staffing service providers stated that they would not provide
licensed CDL drivers and competitively soliciting proposals for temporary CDL drivers is not feasible at
this time due to the necessity for continuity of operations; and
WHEREAS, staff recommends contracting with both firms in northwest Arkansas that provide the
temporary staffing of CDL drivers, including Drivers Select.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and, therefore, waives
the requirements of formal competitive bidding and authorizes Mayor Jordan to execute the contract
attached to this Resolution with Drivers Select, Inc. to provide temporary CDL drivers on an as -needed
basis through December 15, 2025.
Page 1
Peter Nierengarten
Submitted By
City of Fayetteville Staff Review Form
2023-1131
Item ID
10/17/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/25/2023 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Staff recommends waiving competitive bidding to authorize a contract with Drivers Select for hiring Commercial
Drivers License (CDL) drivers for various City Divisions and Departments
5500.750.5000-5130.00
Account Number
Project Number
Budgeted Item? Yes
Budget Impact:
Recycling & Trash Collections
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Fund
Project Title
$ 61,000.00
$ 61,000.00
tit nnn n,
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Please complete Parts 1
through 3 Inclusive
-Drivers Select, Inc.
SERVICE AGREEMENT
PART 1: Customer Information
CUSTOMER'S LEGAL BUSINESS NAME
LEGAL STATUS: CORP
OTHER
-IS CUSTOMER A DIVISION OR SUBSIDARY?
NO
STATE
DBA
IF YES, SHOW PARENT CORPORATION TO THE
_YES
RIGHT
PARENT CORPORATION:
NAME:
NAME:
City of Fayetteville
ADDRESS:
ADDRESS:
1560 S Happy Hollow Rd.
CITY/STATE/ZIP:
CITY/STATE/ZIP:
Fayetteville, AR 72701
PHONE:
FAX:
EMAIL:
479-575-8272
BILLING ADDRESS:
PHONE: FAX:
113 W Mountain St.
CITY/STATE/ZIP
OFFICE DISPATCH CONTACT:
Fayetteville, AR 72701
Peter Nierengarten
BILLING CONTACT.
DISPATCH CONTACT:
Peter Nierengarten
CELL:
HOME:
PHONE:
FAX:
DISPATCH CONTACT AFTER HOURS:
Cell: 479-601-7834
CELL:
HOME:
TIME TICKET APPROVAL CONTACT
EMERGENCY CONTACT AFTER HOURS:
Peter Nlerengarten
CELL
HOME:
PHONE
FAX:
WORK COMP CODE:
Cell: 479-601-7834
EMAIL:
INVOICE RECEIPT? FAX
EMAIL
pnierengaten@fayetteville-ar.gov
NCCI*
FAX # OR EMAIL ADDRESS
pnierengarten@fayetteville-ar.gov
PART II: Service Compensation
All of Drivers Select, Inc. rates provide the drivers wages, Workers Compensation Insurance and all employee related taxes. The following rates, costs,
and conditions will remain in effect until further notice. In addition to the agreed upon bill rates, an EHS (Employee Healthcare Surcharge) of 1.5% will
be added to all Customer invoices.
COL CLASS A DRIVER
CDL CLASS A OVERTIME
CDL CLASS B DRIVER
CDL CLASS B OVERTIME
SPECIALIZED
HOURLY PAY/BILL RATE MILEAGE PAYIBILL RATE
PAY BILL
1.64%
1 11.64% 1
CDL CLASS A DRIVER
CDL CLASS B DRIVER
Optional On -Call Daily Pay
Stops
Drop/Hook
Per Diem with Sleeper • Per Diem without Sleeper -
Available for Hire After 640 Hours Worked (OR 30,500 miles if paid by mileage) within 6 months of original assignment. If paid mileage, a single driver
will be paid hourly if they are under 350 miles in a 24 hour period; team drivers will be paid hourly if they are under 700 miles in a 24 hour period.
Comments: This agreement covers the City of Fayetteville and includes all City Departments. The markup for all drivers
Single Team
PAY BILL PAY BILL
is 1.64%. The pay rate for drivers may very depending on assignment. Driver pay rates will be set by the City.
The term of this agreement will be through Dec 15, 2025
Re 1sed 10/21/20
Dhversti
Select
c
Drivers Select, Inc. SERVICE AGREEMENT (continued)
PART II cont'd:
Drivers working under the mileage rate will be paid hourly for the following conditions:
• Delivery time in excess of two (2) hours, driver will be paid hourly until delivery has been completed.
• Layover time in excess of fourteen (14) hours, driver will be paid hourly until driving again, with a max. often (10) hours in a 24-hour period
• There is a four (4) hour minimum charge for each driver each day they are asked to report for work. Cancellation must be received one (1)
hour prior to driver reporting time or customer agrees to pay four (4) hour minimum charge at agreed upon hourly rate on Page 1 of this
service agreement
Drivers working under the hourly rate will be paid hourly for the following conditions:
There is a four (4) hour minimum charge for each driver each day they are asked to report for work. Cancellation must be received one (1)
hour prior to driver reporting time or customer agrees to pay four (4) hour minimum.
When a driver is used in excess of forty hours in a given week, a rate of one and one half times the quoted rate will apply. Drivers may be
hired on a full time basis after the prescribed number of working days are paid for or after paying a predetermined fee.
Customer agrees that any and all driver assignment orders to DSI will be subject to the terns and conditions listed on page 2 and 3 of this
agreement.
Temporary to full-time: If a customer elects to hire a temp driver from DSI before said temp driver has provided any service to customer, the customer
may do so by paying a hire fee of $3900.00. If customer elects to hire any temp driver assigned to them before that temp driver has provided 640 hours
of service to customer, customer shall pay DSI a prorated portion of the aforementioned $3900.00. This will be calculated at a rate of $6.09 per hour for
the remainder of the 640 hours. Drivers may not be hired by Customer until any and all invoices are paid in full_
PART III: General Considerations
Drivers Select, Inc. (DSI), an Arkansas Corporation, is the service provider. 'Customer' represents the Corporation, entity or person requesting the
service. "Driver" is an individual selected by the Customer. 'Assign" means to report to the Customer location. "Duties" means the work to be performed
by the driver for the Customer. "Qualified" is defined as meeting Federal and State Driver Licensing laws at the time of employment, using reasonable
commercial efforts to ensure continued compliance or non -driving staff meeting the Customer's requirements. "Authorized Customer Representative'
means individual(s) authorized to sign this agreement on behalf of the customer.
For the purpose of the Agreement, DSI drivers are employees of DSI during the term of the Agreement and DSI and Customer will at all times be
independent contractors. Only as it relates to the specific issue of Customer's compliance with the Federal Motor Carrier Safety Regulations (49 CFR
Parts 382-399), DSI is Customer's agent; and such agency includes shared ownership of DSI's random drug and alcohol testing program for CDL holders.
1. DSI undertakes to assign pre -qualified drivers to perform job tasks and duties as requested by Customer. Final selection of the driver shall be
at the discretion and election of the Customer.
2. DSI will verify and maintain all driver application and employment records for the drivers as required by FMSCR-Part 391 for "Qualifications of
Drivers". DSI will assure compliance with 49 CFR Part 40 for Transportation Workplace Drug and Alcohol Testing Programs (TWDAP), Office
of Drug and Alcohol Policy and Compliance (ODAPC) and pre -employment drug and alcohol testing compliance in accordance with related
regulations applicable to current law.
3. This Driver on assignment will be under sole direction and control of the Customer. DSI has no direct or indirect authority to control or oversee
the driver once an assignment has been made to the Customer. Once again, final selection of the driver shall be at the discretion and election
of the Customer.
4. DSI is not responsible for damages to any goods, vehicles, equipment, other people, cargo, or other related aspects of the job as a result of
actions or omissions on the part of the Driver while under the direction and control of the Customer.
5. Customer agrees to honor the employer status of DSI and agrees not to directly or indirectly hire or engage any driver assigned or dispatched
under this agreement in the terms covered above (Part II —Temporary to full-time) for a period of 1 year from the last day worked for customer.
If an employee under this agreement is hired, the Customer agrees to notify DSI and pay DSI agreed placement fee.
Revised 10/21/20
DAverst
Select
Init1eq -
Drivers Select, Inc. SERVICE AGREEMENT (continued) 3
6. Customer agrees to provide DSI with a weekly tally of hours and/or miles performed by the driver, using DSI designated forms, no later than
10:00 am of the next Monday following service. Should it become necessary for DSI to affect collection of any amount due, customer agrees to
pay all collection costs, interest, cost of litigation and related expenses including reasonable attorney's fees as set by the court. The undersigned
agrees the courts of Fayetteville, AR, Washington County have jurisdiction over any and all lawsuits concerning this account and all objections
to such jurisdiction are expressly waived.
7. This Agreement supersedes any prior understanding or oral agreements among the parties with respect thereto. The Agreement shall be binding
upon and insure to the benefit of the partied hereto and their respective legal representatives, successors, transferees and assigns. This
Agreement may be terminated by either party with thirty (30) days prior written notice, provided that any such termination shall not affect any
rights or obligations accruing prior to the effective date of termination
8. All payroll, the paying of weekly wages, income tax, social security tax, unemployment tax, and all Workers Compensation insurance will be
maintained and administered by DSI.
9. All invoices are subject to payment terms of Due Upon Receipt.
10. Please give a detailed description of:
Customer's operations
Residential & Commercial recycling pickup, as well as varies other duties and
assignments set fourth by the City of Fayetteville.
DSI employee's duties to be performed Follow all City and DOT rules and regulations. Manually load recycle
materials into recycle truck, as well as varies other duties and assignments set fourth by the City
of Fayetteville.
Any special regwrement for the Customer lie hard hats. safety vests. check in procedures) Steel toed boots or shoes, neat
appearance, no obscene t-shirts. Shorts are okay. Gloves provided by the city. Dress code may
vary depending on assignment.
Customer agrees that any/all orders to DSI will be subject to the terms and conditions of this Service Agreement in full.
Drivers Select, Inc.
Print Name Lisa Bohanan
Title Dispatch/Recruiting Manager
Date 09/27/2023 (j
Signature!]F,--.o�.--
Customer Name: I�4 Of �� er4ui k
Print Name Lioneld Jordan
Title Ma or
Date 10/ 1 / 023
Signature 2"tjll�
L
Qhverst1
Select
Revised 10/21/20