2008-149s:\our documents\ordinances\08\temp services reaward.doc
ORDINANCE NO. 2008- IW~
AN ORDINANCE OF THE CITY COUNCIL REPEA LING ORDINANCE NO. 2008-128;
AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF TEMPORARY
EMPLOYMENT SERVICES FOR VARIOUS CITY OF DENTON DEPARTMENTS FOR
THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 4058-THREE YEAR CONTRACT FOR
TEMPORARY EMPLOYMENT SERVICES AWARDED TO LABOR FINDERS IN THE
ANNUAL ESTIMATED AMOUNT OF $200,000 FOR AN ESTIMATED THREE YEAR
TOTAL OF $600,000).
WHEREAS, on June 17, 2008 the City Council adopted Ordinance No. 2008-128
accepting and approving, inter alia, the bid of Express Employment Professionals (Bid No. 4058)
as being the lowest responsible bid; and
WHEREAS, due to circumstances beyond the control of Express Employment
Professionals and City, Express Employment Professionals is unable to comply with the terms of
the said bid award and provide temporary employment services as needed by the City; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that the
herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as
shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations stated in the preamble of this Ordinance are incorporated by
reference as a part of this Ordinance.
SECTION 2. Section I of Ordinance 2008-128, is hereby repealed.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the terms,
conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and
related documents and to extend that contract as determined to be advantageous to the City of Denton.
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SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved
bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this A day of '2008.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY:
Exhibit A
BID # 4058
DATE: June 3, 2008
Three-Year Contract for Temporary
Employment Services
ITEM DESCRIPTION
VENDOR
Labor Finders
Principle Place of Business:
Denton
Temporary Worker
1
Varied number of employees and hours per
$11.90
week.
Cost to City $ per hour
Temporary Driver
2
Varied number of employees and hours per
$18.83
week.
Cost to City $ per hour
Optional Adder
3
Vendor provides all safety equipment for each
$0.00
temporary worker/driver.
r
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND LABOR FINDERS
BID NO. 4058
THIS CONTRACT is made and entered into by and between Labor Finders a corporation,
whose address is 2000 Denison St., Denton, Texas 76201, hereinafter referred to as "Contractor," and
the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City,"
to be effective upon approval of the Denton City Council and subsequent execution of this Contract by
the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and. for the mutual
benefits to be obtained hereby, the parties agree as follows:
1.
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipment necessary for temporary
employment services. These products and services shall be provided in accordance with the
Specifications for Bid #4058 - Temporary Employment, a copy of which is attached hereto and
incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the
Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all
purposes as Exhibit "B". The Contract consists of this written agreement and the following items
which are attached hereto and incorporated herein by reference:
(a) Specifications for Bid #4058 - Temporary Employment; (Exhibit "A" or on file in the
office of the Purchasing Agent).
(b) Contractor's Bid. (Exhibit. "B");
(c) Insurance Requirements. (Exhibit "C");
(d) Form.CIQ - Conflict of Interest Questionnaire (Exhibit "D").
These documents make up the Contract documents and what is called for by one shall be as
binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the
Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the
written agreement then to the contract documents in the order in which they are listed above. These
documents shall be referred to collectively as "Contract Documents."
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II.
TIME OF COMPLETION
Contractor agrees and covenants that all work hereunder shall commence within thirty (30)
minutes following notice to proceed from City.
Or
III.
TERM OF CONTRACT
The initial term of this Contract shall be July 15, 2008 through July 15, 2011.
IV.
WARRANTY
Contractor warrants and covenants to City that all goods and services provided by Contractor,
Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and
performed in a skillful and workmanlike manner and shall comply with the specifications for said goods
and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated
herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the
goods and services provided to City under this Agreement shall be free from defects in material and
workmanship, for a period of one (1) year commencing on the date that City issues final written
acceptance of the project.
V.
PAYMENT
Payments hereunder shall be made to Contractor following city's acceptance of the work and
within thirty (30) days of receiving Contractor's invoice for the products and services delivered.
Compensation under this contract shall be as described in the Contractor's Bid (Exhibit "B").
Contractor recognizes that this Contract shall commence upon the effective date herein and
continue in full force and effect until termination in accordance with its provisions. Contractor and City
herein recognize that the continuation of any contract after the close of any given fiscal year of the City
of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City
Council approval. In the event that the Denton City Council does not approve the appropriation of funds
for this contract, the Contract shall terminate at the end of the fiscal year for which funds were
appropriated and the parties shall have no further obligations hereunder.
VI.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of Federal, State, and
Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole
responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or
related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and
paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. -
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V11.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of
the work, shall be sustained and borne by the Contractor at its own cost and expense.
VIII.
INDEMNIFICATION
Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and
employees harmless from and against all claims, damages, injuries (including death), property damages
(including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and
expenses, in any way arising out of, related to, or resulting from the services provided by Contractor
under this Agreement or caused by the negligent act or omission or the intentional act or omission of
Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties
for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to
defend City against all such Claims.
In the event the City is a named party to a suit arising out of the subject matter of this Contract,
the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in
fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a
portion or all of its own defense; however, City is under no obligation to do so. Any such action by City
is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of
Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense
counsel within seven (7) business days of City's written notice that City is invoking its right to
indemnification under this Contract. If Contractor fails to retain counsel within such time period, City
shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all
costs incurred by City.
IX.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner affect
Contractor or the work, and shall indemnify and save harmless City against any claim related to or
arising from the violation of any such laws, ordinances and regulations whether by Contractor, its
employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work
is at variance therewith, Contractor shall promptly notify City in writing.
X.
VENUE
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Contract. The parties agree that this Contract is performable in Denton County,
Texas, and that exclusive venue shall lie in Denton County, Texas.
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XI.
ASSIGNMENT AND SUBLETTING
Contractor agrees to retain control and to give full attention to the fulfillment of this Contract,
that this Contract shall not be assigned or sublet without the prior written consent of City, and that no
part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that
the subletting of any portion or feature of the work, or materials required in the performance of this
Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. .
XII.
INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and not an officer,
agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to
control the details of the work performed hereunder and all. persons performing same, and shall be
responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its
officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Contractor.
: XIII.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance coverage as set
forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by
reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the
required insurance coverage prior to the effective date of this Contract.
XIV.
HINDRANCES AND DELAYS
No claims shall be made by Contractor for damages resulting from hindrances or delays from
any cause during the progress of any portion of the work embraced in this Contract.
XV.
AFFIDAVIT OF NO PROHIBITED INTEREST
Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City
Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time
will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest,
attached and incorporated herein as Exhibit "D".
XVI.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence,
clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule
or regulation having the force and effect of the law, such decisions shall not affect the remaining
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portions of the Contract. However, upon the occurrence of such event, either party may terminate this
Contract by giving the other party thirty (30) days written notice.
XVII.
TERMINATION
City may, at its option, with or without cause, and without penalty or prejudice to any other
remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work
under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to
Contractor with the understanding that all services being terminated shall cease upon the date such
notice is received.
XVIII.
ENTIRE AGREEMENT
This Contract and its attachments embody the entire agreement between the parties and may only
be modified in writing if executed by both parties.
XIX.
CONTRACT INTERPRETATION
Although this Contract is drafted by City, should any part be in dispute, the parties agree that the
Contract shall not be construed more favorably for either party.
XX.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
XXI.
HEADINGS
The headings of this Contract are for the convenience of reference only and shall not affect in
any manner any of the terms and conditions hereof.
XXII.
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter, except if
an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all
audit tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within 10 business days of written request. Further, the CONTRACTOR shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and other
evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All
books and records will be made available within a 50 mile radius of the City of Denton. The cost of the
audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must
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be borne by the CONTRACTOR which must be payable within five business days of receipt of an
invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and shall
constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms
"books", "records", "documents" and "other evidence", as used above, shall be construed to include
drafts and electronic files, even if such drafts or electronic files are subsequently used _ to generate or
prepare a final printed document.
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IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
CONTRACTOR
BY:
OWNER
Name: 1CAv IC-4 y~r 2 u EZ
Title: MAW ke-r12
P~ 13Jx 1525 Deol-o ,TX 7b Z0 I
MAILING ADDRESS
j 2, q 3- o1 13
PHONE NUMBER
3 - oP- -t3
FAX NUMBER
~3v12 P,Yu,~~25
PRINTED NAME
CITY OF DENTO S
BY:
C Y MANAGER
DEPARTMENTAL APPROVAL
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By
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Exhibit B
CITY OF DENTON
THREE YEAR CONTRACT FOR TEMPORARY EMPLOYMENT
s- z?- 0 f
Date
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`4 6oa r,>N QEPS
Company Name
PAGE 1 OF BID #4058 Bidder's Initials
CITY OF DENTON
THREE YEAR CONTRACT FOR TEMPORARY EMPLOYMENT
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himself with the local conditions underwhich the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work,.before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby-assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et seq.
The undersigned -affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
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AUTHORIZED REPRESENTATIVE:
Signature
Date S-Z
Ow Tom. 76 Ao 1
Tel. No. / ) 2K 3 - o t $ 3
Name
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Title (3
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Fax No.
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Email.
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COMPANY IS: /
Business included in a Corporate Income Tax Return? V Y/ES NO
---&Corporation organized & existing under the laws of the State of 1 x
Partnership consisting of
Individual trading as
Principal offices are in the city of
PAGE 2 OF BID #4058 Bidders Initials /(I"
EXHIBIT C
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence -any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
AU insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following. general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
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EXHIBIT C
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Cancellation: The City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
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EXHIBIT C
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these additional
specifications throughout the duration of the Contract, or longer, if so noted:
[X J A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall
be provided and maintained by the Contractor. The policy shall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract and
broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
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EXHIBIT C
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer - shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110
of the Texas Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis,
and the policy shall be issued by the same insurance company that carries the Contractor's
liability insurance. Policy limits will be at least combined bodily injury and property damage per
occurrence with a
[ ] Fire Damage Legal Liability Insurance
aggregate.
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under this
Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
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EXHIBIT C
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the
premises; burglary of the premises, and employee fidelity. The employee fidelity portion of this
coverage should be written on a "blanket" basis to cover all employees, including new hires.
This type insurance should be required if the contractor has access to City funds. Limits of not
less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and specific
service agreements. If such additional insurance is required for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications.
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EXHIBIT C
ATTACHMENT 1
(X] Worker's Compensation Coverage for Building or Construction Projects for Governmental
Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by the
governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation, or other
service related to a project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor
providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's curient certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certificate of coverage with the governmental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
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EXHIBIT C
2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall) post on each project site a notice, 'in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
2) provide to the co itractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person beginning work on the project; and
b) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
S:\prch\Contracts Documents\4058 Temporary Employment Svcs Labor Finders.doc
EXHIBIT C
7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for
the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with
the appropriate insurance carrier or, in the case of a self-insured, with the commission's
Division of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
SAprch\Contracts Documents\4058 Temporary Employment Svcs Labor Finders.doc
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
0 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`" business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B. C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06292007
S:\prch\Contracts Documents\4058 Temporary Employment Svcs Labor Finders.doc
Policy Number:
Date Entered: 12/27/2007
ACORDCERTIFICATE OF LIABILITY INSURANCE
U2008Y)
9 D/29/2008
9/29
PRODUCER Seaport Associates, Inc.
3930 RCA Blvd., Ste. 3009
Palm Beach Gardens, FL 33410
D
a
ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(561)799-3330
OCT ® 3 2 (
08
AFFORDING COVERAGE
NAIC #
INSURED L.C. PERSONNEL, INC
INSURER A:
ATIONAL UNION FIRE INS. CO.
~
By
DBA LABOR FINDERS✓ (DENTON)
2000 DENISON ST, STE 102
INSURER C:
DENTON, TX 76204
INSURER D:
INSURER E:
rrnVCDAr-'rc
v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
ANY REQUIREMENT
,
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADD'
POLICY NUMBER
POLICY
EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
R
N
I
GENERAL LIABILITY ~
EACH OCCURRENCE
S 1,000,000.--
12/31/2007
12/3l/2008'
RENTED
DWWGE TO
100
000
A
COMMERCIAL GENERAL LIABILITY
SSL6992960
,
5
CLAIMS MADE ® OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL 8 ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
5 2 , 000, 000
GEMLAGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOPAGG
S 2,000,000
POLICY PRO- LOC
-
AUT
OMOBILE LIABILITY
NED SINGLE LIMIT
eCIBI
S 1,000, 000
A
ANY AUTO
SSL6992960
12/31/2007
12/31/2008
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
HIRED ALTOS
BODILY INJURY
$
-
(Per accident)
NON-0WN ED AUTOS
PROPERTY DAMAGE
S
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESSIUMBRELIA LIABILITY
13E
12/31/2007
12/31/2008
EACH OCCURRENCE
$ 3,000,000
A
OCCUR F ]CLAIMS MADE
AGGREGATE
53,000,000
5
DEDUCTIBLE
$
RETENTION 510,000
$
WC STATU- OTH-
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDED AS AN-ADDITIONAL INSURED ON
GENERAL LIABB ITY WITH A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF DENTON WITH REPECTS TO GENERAL
LIABILITY.` INSURANCE IS PRIMARY AND NON-CONTRUBUTORY✓~
GtK I It- IL.A 1 C rIULLJr-M
CITY OF DENTON
901 B TEXAS STREET
DENTON, TX 76209
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3a DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
SUZANNE RODGERS
ACORD 25 (2001/08) v AL.UKU L.UKt UKAI lUri ] VOO
L? ! 1J' I u7 L L U L~,
f 9 n n 9
AcoRns CERTIFICATE OF LIABILITY INSURAI
CE OP ID j
LABOR-5
r
9 29 08
PRODUCER
Anco Ins Services of Austin
3103 Bee Cave Road, Suite 242
THIS CERTIFICA 8li - TION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER T14r- COVERAGE AFFORDED BY THE POLICIES BELOW.
Austin TX 78746
Phone:512-330-9836 Fax:512-330-9856
INSURERS AFFORDING COVERAGE
NATO
INSURED
MSURERA- Texas Mutual Ins. Co.
22945
`
INSURER 8:
/Q
Labor Findors
INSURER C:
`
P O Box 2555
Denton TX 76202
INSURER D
INSURER £
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAlMEDABOVE FORTHE POUCYPEP400 MICATED. n'OTWRHSTANDm
ANY REQUIRM)MNT. TERM OR M101TO4 OF ANY CONTRACT OR OTHER DOCUMENT VMH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAK THE INSURANCE AFFORDED BY THr PO=rzS DESCRIBED HEREIN IS SUBJECT TO ALL THE TOM. EXCLUSIONS AND CQUOITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SWAN MAY NAVE BEEN REDUCED BY PAID CLAIMS.
LTR NS TYPE OF INSURANCE POLICY NUt7IBER •4. pq - DATE LRMI S
GENERAL LlABAlTY
EACH OCCURRENCE
$
COLtM- RCIAL GENERAL LIABLITY
-
PREAMW l a acaretxe
S
CLAMS MADE F
IOCCUR
h'ED EXP (Anyme permn}
8
PERSONAL 8 ADV WdURY
S
G WE11ALAGGREGATE
$
GEPPL AGGREGATE LIMIT APPLIES PER
PRODUCTS - COhMP AGG
S
POLICY LOC
AUT
06LOaR.E LWBurY
W SINGLE LIM}T
MMED
$
ANY AUTO
.
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Pet Penn)
HIRED AUTOS
NON-OWNED AUM
PROPERTY DAMAGE
(Pet
GATtAQELIABILRY
AUTO ONLY -aACCIDENT
S
ANY AUTO
EAACC
OTHERTHAN
8
AUTO ONLY_ AGO
$
EXGESSRIMBRF11ALIABUM
EACHOCCURRENCE
$
OCCUR
CLAW MADE
AGGREGAT
1]
E
S
8
DEDUCTIBLE
S
RETENTION 8
L
WORKERS COMPENSATION AND
EMPLOYERS,
LIABILITY
~
~
X TURN LASTS
A
APOP
RET
OFF
TSFOO13043900
03/10/08
03/10/09
E-L EAcmACCIDENT
si 000,000 i
ICERAVIM EXCLUDED?
EL DISEASE -EAPJ1lPLOY
e l 000, 000
SPECIAL PROVIBIONSbe w
EL. DISEASE-POUCYLBLTT $1,000
000
OTHER
4
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I TXCLumNSADDED BY ENDORSHTENT 1 SPECIAL PROVMOUS-
Waiver of Subrogation applicable to Workers Compensation in favor of City of
Denton, s o£fiaials, agents, employees and volunteers.
City of Denton`
Karen Smith
901 $ Texas street
Denton TX 76209
ACORD 26 (20011D8)
C ITM -1 SLLDULD ANY OF THE ABOVE DESCRIBED POUOES BE CANCELED QPFORE THE EXPIRATL01
DATE THEREOF, THE ISSUMO tUSURER WILL ENDEAVORTOm 30 fY8 WRRTEN
NOT CE TO THE CERTiL7CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO *ML
LUPOSE NO OBLIGATION OR LIABILITY OF ANY PM UPON THE W8URER, FM AGENTS OR
REPRESENTAYMM.
ACORD CORPORATION 1988
E00/ Z00'd 6880# NOZNEG Sti3QNI3 t}OEV'I 91 70V5705F n7:CT 0AA71r7ICA