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7045 - Temporary Labor Services, 3.Statement of Work RFP # 7045 Scope of Work or Technical Specifications Temporary Labor Services EXHIBIT 3 The City of Denton, hereinafter referred to as “CITY,” is seeking to contract with a provider of temporary labor services, hereinafter referred to as “STAFFING FIRM,” to supply temporary laborers, hereinafter referred to as “Assigned Employees,” to work varied hours per week as needed throughout the CITY. The CITY operates various operations throughout the CITY limits, including but not limited to, parks services, water and wastewater utilities, street construction and repair services, electric utility services, and landfill operations. The successful vendor must have the requested number of Assigned Employees to the CITY within 2 hours of request, excluding expedited requests. Services of the Assigned Employees shall be made available seven (7) days per week. STAFFING FIRM must provide workers at work-sites and during working hours that shall be stipulated on a Request for Service Order from the requesting departments/divisions. Advance notice shall be provided if any schedule changes occur. During rainy days or any other events that render the services of Assigned Employees unnecessary, Assigned Employees’ assignments shall be cancelled and payment shall be based on actual hours worked only. The CITY may cancel a Request for Services Order a minimum of thirty (30) minutes prior to the scheduled assignment time. Assigned Employees having reported for work, and once on the work site, if it is determined by the requesting department that they are not able to satisfactorily perform the work assignment, for any reason, they shall be dismissed. If an Assigned Employee is dismissed within two (2) hours, no payment is due to STAFFING FIRM. The CITY shall provide no transportation services, food, or beverages other than water. Assigned Employees are to bring their own food each day (sack lunch), as they may often be at a work site where they cannot leave, and food is not available for purchase. A. STAFFING FIRM RESPONSIBILITIES 1) STAFFING FIRM shall administer and maintain all employment and payroll records, payroll processing, and payment of wages and taxes for STAFFING FIRM’s Assigned Employees, making the deductions required of employers by state, federal and local laws, including deductions for social security and withholding taxes. STAFFING FIRM will also be responsible for distribution of payroll time sheets and checks, for all STAFFING FIRM’S Assigned Employees provided under this contract. 2) STAFFING FIRM understand and acknowledge all Assigned Employees are not CITY employees and any assignment to the CITY does not constitute an offer of employment to Assigned Employees. 3) STAFFING FIRM shall make all contributions for unemployment compensation funds as required by federal and state laws and process claims as indicated. 4) STAFFING FIRM shall provide unemployment insurance and workers’ compensation benefits; and handle unemployment and workers’ compensation claims involving Assigned Employees to the CITY. RFP # 7045 – Exhibit 3 Page 1 of 5 5) STAFFING FIRM shall be responsible for employment screening (including background and motor vehicle checks), testing (including drug), evaluations, advertising, recruitment, and disciplinary actions involving any STAFFING FIRM’s Assigned Employees under this contract. 6) STAFFING FIRM shall assume all financial responsibilities for pre-employment drug testing their Assigned Employee provided to CITY. STAFFING FIRM’s internal process shall be followed. CITY shall not be informed about any test results. The results shall remain confidential with STAFFING FIRM. If the CITY has reasonable suspicion to think a STAFFING FIRM’s Assigned Employee may be under the influence, STAFFING FIRM shall be notified to pick up their Assigned Employees and process the Assigned Employee under STAFFING FIRM’s drug-testing policy. The CITY shall be able to review STAFFING FIRM’s drug testing policy upon reasonable notice any time during the term of this agreement. STAFFING FIRM warrants, represents and guarantees that their drug-testing policy is in compliance with all federal, state and local ordinances. 7) STAFFING FIRM shall maintain an active policy on drugs and alcohol in the work place that supports a drug free environment, and be prepared to submit such policy upon CITY request. 8) STAFFING FIRM shall perform criminal background checks on all prospective Assigned Employees prior to the Assigned Employee being considered eligible to perform duties for the CITY. STAFFING FIRM shall comply with current EEOC guidance regarding the process for performing and considering the results of criminal background checks in STAFFING FIRM’s employment decisions. 9) STAFFING FIRM shall provide proof of drug testing and background screening, but not the results, upon request to the CITY. 10) STAFFING FIRM shall ensure Assigned Employees obtain all necessary licenses and permits. 11) STAFFING FIRM shall provide Assigned Employees who meet the minimum requirements of the job, are knowledgeable of job assignment, and information regarding to whom the Assigned Employee is to report. STAFFING FIRM will provide replacement workers within four (4) hours after receipt of call when CITY determines that an Assigned Employee is not acceptable for any reason. The CITY reserves the right to reject, or to have replaced, any Assigned Employee if performance is judged to be deficient by the ordering department/division. STAFFING FIRM guarantees replacement Assigned Employee to be on the job within two (2) hours after receipt of call in a non-emergency situation. 12) STAFFING FIRM shall ensure that Assigned Employees can perform the essential functions of the job assigned and are not under the influence of altering drugs, medicine, and alcohol. 13) STAFFING FIRM shall ensure all Assigned Employees report to work at the specified facility at the scheduled time. 14) STAFFING FIRM shall understand that once a worker is assigned, the Assigned Employee shall complete the full assignment unless the CITY Supervisor releases the Assigned Employee. 15) STAFFING FIRM understands that an Assigned Employee(s) that leaves an assignment, without prior notification to the CITY, shall be replaced by STAFFING FIRM within thirty (30) minutes. In addition, the Assigned Employee who left the assignment may not be utilized on future assignments until approved by the Contract Administrator. 16) STAFFING FIRM understands that an Assigned Employees shall be expected to work the time periods specified by the requesting department. 17) STAFFING FIRM understands that the “Hourly Rate Billed to CITY” is for up to eight (8) RFP # 7045 – Exhibit 3 Page 2 of 5 hours per day, forty (40) hours per workweek (straight-time), and that the straight-time rate shall be increased by a factor of 1.5 for each hour worked, during a single workweek (Saturday through Friday), in excess of forty (40) hours (overtime), provided the requesting CITY department authorized the overtime. 18) STAFFING FIRM understands all hours worked, compensation shall be computed to the quarter hour. 19) STAFFING FIRM is solely responsible for the provision of, and payment for, any and all workers’ compensation claims. The CITY does not, and shall not, assume any liability for any workers’ compensation claims, injuries, or other claims that a STAFFING FIRM’s Assigned Employee(s) may file. Such claims shall be the sole responsibility of STAFFING FIRM. 20) STAFFING FIRM’S Assigned Employees are NOT to be accompanied on any CITY property by acquaintances, family members, assistants, or any person unless said person is an authorized employee of STAFFING FIRM. 21) STAFFING FIRM MUST PROVIDE ALL OSHA/CITY REQUIRED PERSONAL PROTECTIVE EQUIPMENT (PPE) and comply with all applicable statutes, federal, and state laws related to employment safety. 22) Orientation of STAFFING FIRM’s Assigned Employees by CITY department/division staff prior to work assignment shall be at no additional cost to CITY. 23) Assigned Employees shall be paid at least the federal minimum wage. 24) Assigned Employees must have identification as a STAFFING FIRM employee visible at all times. 25) Assigned Employees must wear highly visible vests, preferably with the logo of the STAFFING FIRM they represent. Attire must be appropriate for outside labor, including jeans, shirts, hat and appropriate footwear. Attire must be clean and may not depict inappropriate logos including but not limited to alcohol, tobacco products, offensive language or adult content. B. CITY’S RESPONSIBILITIES 1) Properly supervise Assigned Employees performing their work and be responsible for its business operations, products, services and intellectual property. 2) Provide a safe work site and appropriate information, training, and equipment with respect to any hazardous substances or conditions to which the Assigned Employee may be exposed at the work site. 3) Not change Assigned Employee’s job duties without STAFFING FIRM’s express prior written approval. 4) The CITY will notify the STAFFING FIRM of a safety or security requirement for a specific job placement. C. REMOVAL OF STAFFING FIRM’S EMPLOYEES STAFFING FIRM agrees to utilize only experienced people in the performance of the work. The CITY may require that STAFFING FIRM remove from the assignment(s) covered by this contract, Assigned Employees who endanger persons or property or whose continued employment under this contract is inconsistent with the interests of the CITY. If it is determined by the requesting department/division that the Assigned Employee(s) is not able to satisfactorily performs the work assignment, the Assigned Employee(s) shall be dismissed. If RFP # 7045 – Exhibit 3 Page 3 of 5 a STAFFING FIRM’s Assigned Employees is dismissed within two (2) hours of arrival to work site, no payment is due the STAFFING FIRM. It is STAFFING FIRM’s duty to find a replacement worker to meet the CITY’s needs and notify the dismissed worker that they are not to report back to the job assignment. D. SKILL DEFINITIONS Level I – entry level position with zero to two (2) years of verifiable, applicable experience. Level II- intermediate skill set with two (2) but less than five (5) years of verifiable, applicable experience. Level III – advanced skill set with at least five (5) years verifiable, applicable experience. The skill set level must be documented through prior work experience or a test initiated by STAFFING FIRM to indicate the skill level. The documentation must be provided to the CITY in advance of the assignment of an Assigned Employee to a work order in order for the CITY to access the skill level of the proposed Assigned Employee. E. JOB DESCRIPTIONS Item 1: General Assigned Employees The STAFFING FIRM’s Assigned Employees shall perform general laboring or maintenance tasks for an office, department or work team. Tasks may include moving files, furniture, boxes, from one location to another location in the same or another office, building or facility; loading and unloading trucks; shoveling and moving materials; general maintenance tasks such as lawn mowing, yard care, and snow or ice removal; and other labor tasks. Assigned Employees may use tools and equipment such as carts, dollies, shovels, lawn equipment, mowers, and other hand and small power tools. Assigned Employees must adhere to all safety precautions relevant to the use of hand and powered tools. Assigned employees must have  Ability to perform strenuous labor under adverse conditions;  Ability to perform lifting, carrying, pushing or pulling tasks associated with the specific assignment;  Ability to ensure that safe work habits are observed;  Ability to lift, climb, bend and kneel in order to complete assigned tasks;  Ability to tolerate working at heights from a ladder or scaffold;  Ability to follow proper safety procedures for the job, including but not limited to proper lifting procedures and working in high traffic areas;  Ability to follow verbal instructions;  Must be able to lift 50 lbs.; RFP # 7045 – Exhibit 3 Page 4 of 5  Ability to get along with customers and co-workers;  Ability to work outside in various weather environments;  Ability to work independently and in group settings. RFP # 7045 – Exhibit 3 Page 5 of 5