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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