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HomeMy WebLinkAbout261-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 261-25 File Number: 2025-2269 A RESOLUTION TO AWARD RFP 25-17 AND APPROVE A ONE YEAR CONTRACT WITH HQ – NW ARKANSAS, LLC AS THE PRIMARY PROVIDER ON AN AS NEEDED BASIS FOR JANITOR/CUSTODIAN, TRANSPORTATION MAINTENANCE WORKER AND OTHER POSITIONS AND AS SECONDARY PROVIDER FOR GENERAL CLERICAL POSITIONS AS NEEDED, WITH AUTOMATIC RENEWALS FOR FOUR ADDITONAL ONE YEAR TERMS WHEREAS, to supplement regular, full-time staff during periods of increased demand and/or staff shortages the City has utilized temporary staffing to maintain necessary business operations; and WHEREAS, utilizing multiple staffing services will provide the City with the added value of having access to larger and more viable applicant pools in the NWA region. 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 awards RFP 25-17 and authorizes Mayor Rawn to sign a contract with HQ – NW Arkansas, LLC as the primary provider on an as-needed basis for janitor/custodian, transportation maintenance worker and other positions, and as secondary provider for general clerical positions needed, with automatic renewals for four additional one year terms. PASSED and APPROVED on November 18, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2269 MEETING OF NOVEMBER 18, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff FROM: Missy Hutcheson, Human Resources Director SUBJECT: Approval of a Contract with HQ - NW Arkansas, LLC. for Temporary Staffing Services RECOMMENDATION: Staff recommends approval of a one-year contract with four automatic renewal options with HQ-NW Arkansas, LLC as a primary provider for Janitor/Custodian, Transportation Maintenance Worker and other positions as needed, pursuant to RFP 25-17. HQ-NW Arkansas, LLC will serve as a secondary provider for General Clerical positions. Utilizing multiple staffing services will provide the City with the added value of having access to larger and more viable applicant pools in the NWA region. BACKGROUND: To supplement regular, full-time staff during periods of increased demand and/or staff shortages (e.g., leaves of absence and turnover/retirement) the City has utilized temporary staffing to maintain necessary business operations. The City issued RFP 25-17 and received 29 responses. The selection committee chose two vendors to provide temporary services for the City. DISCUSSION: The City desires to continue utilizing temporary staffing services to support specific business needs for either short- or long-term assignments across multiple departments. By maintaining the relationship with temporary staffing services, the City will reduce costs of human capital overhead (e.g., workers’ compensation, F.I.C.A, and the potential for unemployment claims costs). BUDGET/STAFF IMPACT: The 2026 budget has funding allocated for temporary staffing. ATTACHMENTS: 3. Staff Review Form, 4. RFP 25-17 Submittal - HireQuest, 5. RFP 25-17 Contract (HQ - NW Arkansas) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2269 A RESOLUTION TO AWARD RFP 25-17 AND APPROVE A ONE YEAR CONTRACT WITH HQ – NW ARKANSAS, LLC AS THE PRIMARY PROVIDER ON AN AS NEEDED BASIS FOR JANITOR/CUSTODIAN, TRANSPORTATION MAINTENANCE WORKER AND OTHER POSITIONS AND AS SECONDARY PROVIDER FOR GENERAL CLERICAL POSITIONS AS NEEDED, WITH AUTOMATIC RENEWALS FOR FOUR ADDITONAL ONE YEAR TERMS WHEREAS, to supplement regular, full-time staff during periods of increased demand and/or staff shortages the City has utilized temporary staffing to maintain necessary business operations; and WHEREAS, utilizing multiple staffing services will provide the City with the added value of having access to larger and more viable applicant pools in the NWA region. 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 awards RFP 25-17 and authorizes Mayor Rawn to sign a contract with HQ – NW Arkansas, LLC as the primary provider on an as-needed basis for janitor/custodian, transportation maintenance worker and other positions, and as secondary provider for general clerical positions needed, with automatic renewals for four additional one year terms. City of Fayetteville Staff Review Form 2025-2269 Item ID 11/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Missy Hutcheson 10/28/2025 HUMAN RESOURCES (120) Submitted By Submitted Date Division / Department Action Recommendation: Approval of agreement with HireQuest to provide temporary staffing needs. Budget Impact: XXXX.XXX.XXXX-5130.00 Citywide Account Number Fund Project Number Project Title Budgeted Item?Yes Total Amended Budget $694,609.00 Expenses (Actual+Encum)$- Available Budget $694,609.00 Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $694,609.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: RFP 25-17 Addendum 2 Snelling Staffing HireQuest Inc. Supplier Response Event Information Number: RFP 25-17 Addendum 2 Title: Temporary Staffing Services Type: Request for Proposal Issue Date: 9/7/2025 Deadline: 10/2/2025 02:00 PM (CT) Notes: The City of Fayetteville, Arkansas, is seeking proposals from experienced and qualified firms to provide temporary staffing services to fulfill janitorial, maintenance, clerical, or other staffing needs. Any questions regarding this RFP shall be directed to Kenny Fitch, City of Fayetteville Sr Procurement Agent at kfitch@fayetteville-ar.gov or (479) 575-8258. Contact Information Contact: Kenny Fitch Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Vendor: Snelling Staffing RFP 25-17 Addendum 2Page 1 of 3 pages Snelling Staffing Information Contact: Michael Courington Address: 111 Springhall Drive Goose Creek, SC 29445 Phone: (479) 582-2555 Email: mcourington@snelling.com Web Address: nwa.snelling.com By submitting your response, you certify that you are authorized to represent and bind your company. Michael Kane Courington mcourington@snelling.com Signature Email Submitted at 10/2/2025 08:23:46 AM (CT) Requested Attachments RFP 25-17, Temporary Staffing Services 2025 Snelling Staffing - City of Fayetteville Proposal.pdf Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with proposal. Response Attachments RFP 25-17 Forms.pdf Completed RFP Forms Appendix D - Pricing Summary.pdf Appendix D - Pricing Summary Bid Attributes 1 Arkansas Secretary of State Filing Number 811470196 2 Check Yes or No: boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, Israel, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree Vendor: Snelling Staffing RFP 25-17 Addendum 2Page 2 of 3 pages 3 Check Yes or No: Pursuant Arkansas Code Annotated boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree 4 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. I agree Vendor: Snelling Staffing RFP 25-17 Addendum 2Page 3 of 3 pages City of Fayetteville RFP 25-17, Temporary Staffing Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE, CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: V 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): b. I certify that; as an officer of this organization, or per the attached letter of authorization, I am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State and System for Award Management (SAM.gov) at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. d. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. e. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at anytime during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 18 of 20 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: i�a r- Primary Contact:%`'lli et;V,1, Title of Primary Contact: Phone#1 (cell preferred): �1 `1 — Z 2ID - f V Phone#2:�— E-Mail Address: 1,-rir' . cy 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 23 ci —2- 4. DEBARMENT CERTIFICATION a. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. b. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 19 of 20 5. SIGNATURE SUBMITTAL NAME OF COMPANY: /iy` P)o PHYSICAL ADDRESS: MAILING ADDRESS:_j�!� IF/W NW"'a TAX ID #: q4:-; Cf% AR. SECRETARY OF STATE FILING #: _910 7 0 1 b PHONE: FAX: E-MAIL: 0LIL ;1�(a !/���1 �i11iq- 1,^,�c� . Ll ry-) By submitting your response, you certify that you are authorized to represent and bind your company: SIGNATURE: PRINTED NAME: / n J;@ TITLE: DATE END OF RFP DOCUMENT City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 20 of 20 Snelling Staffing Proposal for the City of Fayetteville Company History and Business Practices Since 1951, Snelling Staffing has helped match exceptional people with exceptional opportunities, and we continue to set the standard of excellence in our field. By combining our award-winning history with industry-leading technology, our team has what it takes to solve your most complex recruiting challenges. With more than 80 offices serving thousands of clients from coast to coast, Snelling is more than your average staffing and recruiting firm. With operating partners and local leadership in Fayetteville, you always in touch with decision makers. local team has 20+ years of experience placing great people with great companies across northwest Arkansas through our recruiting centers in Fayetteville, Springdale, and Rogers. Snelling Staffing provides employees for multiple industries, including Industrial, Technical, and Professional. Industrial positions include janitorial, construction, and factory production, while Technical positions include mechanical, electrical, and laboratory positions. Our Professional division provides employees for administrative and management positions. Snelling Staffing most often recruits for construction, groundskeeping, custodial, and factory production positions. Our Regional Director of Operations, Rosey Reyes, is a workforce solutions expert. Rosey brings more than 20 years of staffing experience to Snelling and oversees the operations of our three northwest Arkansas recruiting centers. Our Fayetteville Recruiting Center Manager, Leslie McCawley, has more than a decade of recruiting experience and manages all client accounts in the Fayetteville area. Our Business Development Manager, Michael Courington, brings 15 years of workforce development experience to Snelling. With 20 collective years of staffing experience, our three Recruiters in Fayetteville are ready to serve. Snelling operates two additional offices in northwest Arkansas (Springdale and Rogers) with seven additional Recruiters ready and able to fill any order if needed. Government Experience In addition to our existing 10-year partnership with the City of Fayetteville, Snelling has extensive experience providing workforce solutions to municipalities. Our team currently provides groundskeeping, custodial, maintenance, and administrative/clerical employees to the following government agencies in northwest Arkansas: City of Springdale City of Rogers City of Bentonville City of Centerton Washington County Snelling is also honored to be the exclusive staffing partner for both the University of Arkansas and Northwest Arkansas Community College. Administration & Staffing The biggest difference between Snelling Staffing and other agencies is our commitment to customer service. We customize our staffing solutions for each client, providing support 24 hours a day, 7 days a week. Our recruiting center in Fayetteville would continue managing your account. Our Fayetteville location is fully staffed weekdays from 8 am to 5 pm, and our phone is answered 24 hours a day or unable to report to work. is available after business hours as well, allowing our team to immediately respond to orders/concerns and communicate effectively with the City of Fayetteville staff. Snelling Staffing includes all of the following services as part of our standard staffing practice. Provide employees 24 hours a day, 7 days a week Advertise the positions you need to fill Recruit talented, experienced individuals with clerical, labor, or technical skills Interview applicants for you or with you Thoroughly check each work history to obtain supervisor references, pay rates, and reasons for leaving Comply with government I-9 regulations and perform E-Verify on every employee Maintain historical database of current and former employees will do the best job for you Utilize all Snelling locations in recruitment and order fulfillment Conduct Safety & New Employee orientations for all employees Process and defend all unemployment and compensation claims Snelling Staffing will replace any unacceptable worker as soon as possible. Additionally, Snelling offers all clients a 4-hour guarantee. If one of our employees does not work out for any reason in the first 4 hours, a replacement is sent, and the City of Fayetteville will not be charged for that original employee. Our extensive employee workforce includes applicants from all over the northwest Arkansas area, many of whom have a long work history with our recruiters, allowing us to further screen their previous work performance. In addition to our current database of employees, we have a constant flow and ever-increasing number of applicants. We routinely advertise our open positions online, on social media, and in local media broadcasts and publications. Our extensive marketing efforts provide us with new employees who are ready and willing to work. We currently have approximately 500 employees on assignment with us in northwest Arkansas, and we receive around 200 new employment applications each month. Our Snelling team is a proud community partner in northwest Arkansas. We routinely sponsor and/or participate in local events to cultivate new applicants, such as, but not limited to, the following. Rogers- On-site Hiring Events with community non-profit partners (Arkansas Workforce, Goodwill Career Centers, etc.) Annual Northwest Arkansas Hispanic Heritage Festival Annual Ozark Atolls Job Fair (hosted by Marshallese community) Snelling , and tested prior to hiring. All employees considered for assignment with the City of Fayetteville must meet the following requirements: , and reasons for leaving Comply with government I-9 regulations and perform E-Verify on every employee Pass basic math, measurement, and comprehension tests Pass a National Criminal Background Check (performed by CourtHouse Concepts in Fayetteville) Pass a 5-panel Drug Screen Able to meet the physical demands of the job Adhere to the company attendance policy Able to speak, read, and write in English Have reliable transportation to/from work Able to work in adverse weather conditions (if necessary) Possess job-appropriate clothing Snelling Staffing fills routine client staffing requests daily. Our office staff only needs 24 hours to fill a routine work order for light industrial positions (custodial, maintenance, etc.), and clerical work orders can be fulfilled in 72 hours (depending on skill level required for specific position). Snelling caters its timesheet submission/ variety of options for the City of Fayetteville. Each employee can be responsible for completing their weekly time ticket and submitting it to Snelling City Department supervisors can email our team a weekly timesheet with employee names and total hours worked. Snelling also offers secure electronic timekeeping access via our online customer portal. Snelling also prides itself on excellent customer service when it comes to our own temporary employees. We offer several benefits exclusive to our workforce. Healthcare Snelling Staffing offers medical, dental and vision benefits to our temporary employees and their families. Direct Deposit or Pay Card Snelling employees choose between direct deposit of their weekly paychecks to their account or they can receive their weekly compensation directly on a Visa Cash card. Refer-A-Friend Bonus Snelling employees can earn a bonus if they refer a new applicant to Snelling once the employee completes 90 days of work. Monthly Prize Drawings Snelling employees are eligible for monthly prize drawings based on attendance and safety. Insurance, Payroll & Safety Snelling Snelling employees assigned to the City of Fayetteville, and Snelling will process all unemployment and Snelling will also maintain all payroll files and will process all state and federal payroll taxes, social security withholdings, and required garnishments. Snelling Staffing employees are paid weekly on Fridays. Safety/Loss Prevention Department is available 24 hours a day, 7 days a week. Our safety staff is knowledgeable in OSHA, MSHA, and Compensation Regulations. Our safety staff coordinates all medical treatment for employees injured while working, and manages individual claims with local occupational clinics and hospitals to reduce time away from work. Jobsite safety surveys are performed regularly, and no-cost risk consultation services are available to all clients. Fees & Pricing Snelling Staffing is offering our complete staffing service package to the City of Fayetteville at the following rates. Rates Temporary & Temporary to Hire Rate for Industrial (maintenance/custodial) positions 36% above pay rate Temporary & Temporary to Hire Rate for Clerical (administrative/professional) positions 33% above pay rate Payroll Rate 30% above pay rate *Rates include processing a 5-panel Drug Screen and National Background Check (performed by CourtHouse Concepts in Fayetteville) for all employees assigned to the City of Fayetteville. Optional Payroll Transfer Should the City of Fayetteville wish to consider one of Snelling permanent employment, we offer the option of transferring the employee to your payroll after a minimum of 480 hours for no additional charge. Snelling offers a 4-hour guarantee. If our employee does not work out in the first 4 hours, a replacement is sent, and the City of Fayetteville will not be charged for the original employee. Snelling processes invoices weekly. Invoices are sent electronically and are available anytime We the opportunity to present our proposal for your temporary staffing needs. Thank you for your time and consideration. If there are any other areas you wish to address or if 0.4174 or via email at mcourington@snelling.com We work hard, maintain high standards, and can assure you of dependable, professional service. Client References University of Arkansas Miriam Burns Human Resources Manager, Temporary Staffing & Student Employment 479.575.5511 miriamb@uark.edu Northwest Arkansas Community College Lisa Milam Executive Director, Human Resources 479.619.4295 l3milam@nwacc.edu City of Rogers JoDee Sands Business Manager, Parks & Recreation 479.631.3350 jsands@rogersar.gov 18th November d. The City of Fayetteville s Human Resources Director is the project representative with respect to the services to be performed under this Agreement. The Human Resources Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4. HQ's Responsibilities: a. HQ shall furnish the necessary qualified personnel to provide the Services. HQ represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, HQ will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure HQ's performance. There are no other representations or warranties expressed or implied made by HQ. In particular, but not by way of limitation, no implied warranty of merchantability or fitness for a particular purpose shall apply to the Services provided by HQ nor shall HQ warrant or guarantee economic, market or financial conditions, proforma projections, schedules for public agency approvals, or other factors beyond HQ's reasonable control. 5. Non -Assignment: HQ shall not assign its duties under the terms of this agreement without prior written consent of the City. 6. Indemnification and Hold Harmless: a. HQ agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but not defend, against any and all claims for property damage, personal injury or death, arising from HQ's performance under this contract. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. 7. Insurance: a. HQ shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract in compliance with the terms of RFP 25-17. If applicable, HQ shall require any subcontractor to provide insurance. in the event any employee engaged in work on the project under this contract is not protected under Workers Compensation insurance, HQ shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of their employees are not otherwise protected. Workers Compensation coverage shall be applicable with state law. City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 2 of 6 i. HQ shall carry the following coverages, at minimum: 1. Worker's Compensation Insurance—StatutoryAmount 2. Automotive Insurance covering all vehicles and trailers, if applicable 3. General Liability - $1,000,000 each occurrence ii. Certificates of Insurance shall list the City of Fayetteville as an additional insured. Listing the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the City of Fayetteville listed as an additional insured. 8. Price: a. HQ shall perform the services included in this proposal using the fee breakdown for services as identified in Appendix A. 9. Payments: a. Payments shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic delivery to the City is preferred. 10. Terms: This contract shall be effective for one (1) year from City Council approval and shall be automatically renewable for up to four (4) annual, automatic renewals for a possible contract term of five (5) years. 11. Ownership of Documents: a. All documents provided by the City are and remain the property of the City. HQ may retain reproduced copies of drawings and copies of other documents. b. All documents and records, whether in physical or electronic format, prepared by HQ or its subconsultant as part of the Project shall become the property of City when HQ has been compensated for all services rendered; provided, however, that HQ shall have the unrestricted right to their use. C. HQ shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of HQ. 12. Independent Contractor: HQ is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. HQ is responsible for its agents, methods and operations. City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 3 of 6 13. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 15. Termination: This Contract may be terminated by the City of Fayetteville or HQ for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of this agreement, the City shall pay HQ for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. 16. Changes in Scope or Price: Changes, modifications, ,or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be binding unless made in writing and executed by both parties. 17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 18. Contract Administration: The Mayor or their Designated Representative shall be the Contract Administrator for this contract. HQ's Principal or their Designated Representative shall be the primary contact for all matters pertaining to this contract. 19. Professional Responsibility: HQ shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 20. Permits & Licenses: HQ shall secure and maintain any and all permits and licenses required to complete this Contract. 21. Publications: Recognizing the importance of professional development on the part of HQ's employees and the importance of HQ's public relations HQ may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to HQ's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 4 of 6 in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to HQ. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of HQ's activities pertaining to any such publication shall be for HQ's account. 22. Entire Agreement: These Contract documents constitute the entire agreement between the City of Fayetteville and HQ and may be modified only by a duly executed written instrument signed by the City of Fayetteville and HQ In the event of a conflict between the terms of this Contract and the appendices, this Contract and the terms and conditions contained in Appendix A shall control. 23. Force Maieure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the City of its obligation to pay HQ for services actually rendered. 24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 25. Debarment Certification: HQ hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension' requires that all contractofs receiving individual awards, using federal funds, and all sub - recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. HQ hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 25-17, Temporary Staffing Services Page 5 of 6 TREASURER 11/18/2025