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Home My WebLink About218-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 218-23 File Number: 2023-1139 HIRING NWA (SERVICE CONTRACT): A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC 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 1st 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 Hiring NWA, LLC. 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 competitive bidding and authorizes Mayor Jordan to sign a contract with Hiring NWA, LLC to provide temporary CDL drivers on an as -needed basis through December 15, 2025. PASSED and APPROVED on October 17, 2023 Page 1 Resolution: 218-23 File Number: 2023-1139 Appro%cd: Page 2 Attest: V++IiIfIf ��%`,DER h ' I ii X, •`rG =�• yE7 j`�,•„ Kara Paxton, City40erkreasurer 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: Hiring NWA — Temporary Employment Service RECOMMENDATION: BACKGROUND: CITY COUNCIL MEMO 2023-1139 In 2020 the City of Fayetteville issued RFP 20-10 to solicit temporary staffing services. Proposals were received from and contracts were authorized with Tech Staffing Services and 1 It Employment, but neither company offers temporary CDL Drivers. Contracts with TEC 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. Hiring NWA specialized in temporary staffing including CDL drivers in Northwest Arkansas. The term of the agreement with Hiring NWA would run through December 15, 2025 to coincide with the other temporary staffing agreements. BUDGET/STAFF IMPACT: Various City Divisions and Departments have budgets allocated for temporary staffing. ATTACHMENTS: SRF (#3), HNWA and City of Fayetteville (#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 #: 2023-1139 Hiring NWA — Temporary Employment Service A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC 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 Hiring NWA, LLC. 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 competitive bidding and authorizes Mayor Jordan to sign a contract with Hiring NWA, LLC 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 2023-1139 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 Hiring NWA 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: H RING Staffing and Recruiting Hiring NWA, LLC Staffing Agreement Hiring NWA (Staffing Firm), with its principal office located at 2084 S Armstrong, Fayetteville, AR and City of Fayetteville, Arkansas principal location at 113 W Mountain St, Fayetteville, AR agree to the terms and conditions set forth in this Staffing Agreement (the "Agreement"). Hiring NWA Duties and Responsibilities Staffing Firm, Hiring NWA, LLC, (hereby referred to as "Hiring NWA") will: a. Recruit, screen, interview, hire, and assign its employees ("assigned employees") to client to perform the type of work pursuant to its written specifications and job duties under Client's supervision at specified work location. b. Pay Assigned Employees' wages and provide them with any benefits as eligible through Hiring NWA. Payroll will be done weekly. r. Pay, ,withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees and comply with any applicable legal requirements for hiring employees. d. Additionally, if agreed to in Exhibit A, will conduct skill testing, background checks, motor vehicle checks, drug screening. 2. Client's Duties and Responsibilities: a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services; and intellectual property. b. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without Hiring NWA's express prior written approval or as strictly required by the job description provided to Hiring NWA. c. Provide Assigned employees with a safe work site and provide appropriate information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site. d. Not change Assigned Employee's job duties without Hiring NWA's express prior written approval; and e. Exclude Assigned Employees from Client's benefit plans, policies, and practices, and not make an offer or promise relating to Assigned Employee's compensation or benefits. Payment Terms, Bill Rates, and Fees 1. CLIENT will pay Hiring NWA, LLC for its performance at the rates set forth on Exhibit A and will also pay an additional costs or fees set forth in this Agreement. Hiring NWA will invoice CLIENT for service provided under this Agreement on a weekly basis. Payment is due upon receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CLIENT's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes Hiring NWA to bill CLIENT for those hours. If a portion of any invoice is disputed, CLIENT will pay the undisputed portion. 2. Assigned Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work or weekend work. Hiring NWA will charge CLIENT special rates for premium work only when an Assigned Employee's work on assignment for the CLIENT, view by itself, would legally require premium pay and CLIENT has authorized, directed, or allowed the Assigned Employee to work such premium work time. CLIENTS's special billing rate for premium hours will be the same multiple of the regular billing rate as Hiring NWA is required to apply to the Assigned FmnlnvPP'C rPanlar nay rate_ (For example, %NhPn fPrleral IaIA/ regi!1rPG 150% of pay for work exceeding 4D hni_ir5 in;; week, CLIENT will be billed at 150% of the regular bill rate.) If CLIENT uses the services of any Assigned Employee as its direct employee, as an independent contractor, or through any person or firm other than Hiring NWA during or within 60 days after an assignment of the Assigned Employee to Client from Hiring NWA, CLIENT must pay Hiring NWA for the remainder of hours said Assigned Employee has with CLIENT's agreement with Hiring NWA. In Addition to the bill rates specified in Exhibit A of this Agreement, Client will pay Hiring NWA the amount of all new or increased labor costs associated with CLIENT's Assigned Employees that Hiring NWA is legally required to pay — such as wages, henefits, payroll taxes; social program contributions, or charges linked to benefit levels- until the parties agree on new bill rates. Confidential Information I. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CLIENT's confidential information will be imm fi-ri to Hirina NWA because of Assign.-H FmnlnyPes' access to such information_ Cooperation 1. The parties agree to cooperate fully and to aid the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Indemnification and Limitation of Liability 1. To the extent permitted by law, Hiring NWA will defend, indemnify, and hold CLIENT and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by Hiring NWA,'s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of Hiring NWA or Hiring NWA's officers, employees, or authorized agents in the discharge of those duties and responsibilities. Miscellaneous 1. Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal of this Agreement, will remain effective after termination or nonrenewal. 2. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 3. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 4. This Agreement and the exhibited attached to it contain the entire understanding between the parties and supersede all prior agreement and understandings relating to the subject matter of the Agreement. 5. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. 6. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this agreement. 7. CLIENT will not transfer or assign this Agreement without Hiring NWA's written consent. 8. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of GOD, or any other causes beyond the control of the nonperforming party. Term of Agreement This Agreement will be in place from the first date on which both parties have executed it and run through December 15, 2025. The agreement may be terminated by either party upon 30 days written notice to the other party, except that, if a party becomes bankrupt or insolvent, discontinues operations, or fails to make any payments as required by the Agreement, either party may terminate the agreement upon 24 hours written notice. Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. Printed Name Mayor Title 10/17/2023 Date Exhibit A Hiring NWArr. Signature Printed Name G' r Title 9-2u-2-3 Date Our Temporary Employees are required to work 380 hours on our payroll before they are eligible to be transferred to the CLIENrs payroll as a full-time employee. If a CLIENT would like to rollover an employee to their payroll prior to completing the 380 hours, CLIENT will pay Hiring NWA the remaining number of hours less the number of hours worked times the difference between the bill rate and pay rate. Rate Schedule For Full -Service Recruiting (example bill rates change as pay rate changes) Hourly Pay Rate General Labor / Drivers 25/hr Hourly Bill Rate /Mark -Up 25.20-$35.00 /hr / 40%