1.1. Departments will use only the vendors on the existing contract as a source of temporary workers. Utilizing non-contract providers is a violation of this contract. Violations will be reported to the respective Department Director and the Chief Administrative Officer.

1.2. Departments will contact only the awarded vendors in the group from which the worker is to be retained. There are five (5) work groups: Administrative, Clerical, General Services, Light Industrial, and Specialty. (Please see the contract for the specific breakdown as to where each position falls.) Departments will not use vendors not awarded to that particular group to fill job orders. There are two or three awarded vendors per work group.

2. Referral, Pre-Selected

2.1. If a Department has pre-selected a candidate for a temporary position, the Department must use the primary vendor for that group and position.

2.2. It will be the department’s responsibility to notify Purchasing and the primary vendor if there is a referral for the position being requested. This information may affect the position’s bill rate and should be taken into account when processing the job request.

3. Non-Referral

3.1. Non-referral positions may be filled by any vendor awarded within that work group at the discretion of the department.

3.2. Departments may contact any or all the awarded vendors within a given work group to request a job fill and make a determination as to which vendor will meet the departments needs most effectively. Departments, on a timely basis, should communicate to vendors the intention as to whether or not use a particular vendor’s employee.

4. Interviewing Candidates

4.1. The Department can request any or all vendors in that position’s group for interview candidates. Interviews are not required, nor will this method always to be used to fill positions. Departments will notify the vendors providing candidates of decision(s) resulting from interviews.

5. Request for Temporary Worker

5.1. Requests for temporary workers must contain justification of the need for a temporary worker, the position description, an estimate as to how long the job fill will be needed, activity number, bill rate, and whether it is an existing contract position or a new job add.

5.2. All requests must be approved by the Director of the Finance and Administrative Services Department and the Chief Administrative Officer prior to allowing the temporary worker to begin work. This process applies to new assignments and re-starts. Currently filled temporary positions which have gone through the approval process do not require re-approval. Request for approval of temporary staff are to be made using the existing forms. These will be sent to the Director of DFAS with a cover sheet attached.

6. New Position

6.1. If a needed position does not exist on the contract the department will provide the Purchasing Division with a complete job description for the needed position. Purchasing will determine under which category the position will be classified. The department may provide justification as to where the department believes the position should fall, but final determination is at the discretion of the Purchasing Department.

7. Term Limit

7.1. Temporary assignments are not be exceed 90 days unless justified by the department and approved in writing by the Chief Administrative Officer.

7.2. It is the City’s policy to allow temporary workers to remain working for the City for no more than a continuous two year period.

7.3. Under this contract, contractors will not be allowed to assign a worker to any City position who has worked for the City continuously for two years unless there is a 90 day break in service for that worker during which time he or she has not worked for the City in any capacity.

7.4. Exceptions to this restriction may be made at the discretion of the Chief Administrative Officer. Request for this exception must be justified in writing and kept with the initial Request for Approval of Temporary Staff. Approval for this exception must be received in writing and attached to the initial Request for Approval of Temporary Staff.

7.5. Contractors will determine any previous term of temporary service a worker may have prior to assigning them to a temporary City position. The two year term limit does not begin again should the worker change contractors. The TOTAL time of continuous service by a worker shall be limited to two years regardless of which contractor employs the worker. Contractors are responsible for identifying such workers before placing them in City assignments and removing any workers from assignments once they reach the two year limit. Failure to comply with this condition is a violation of the contract and City policy.

7.6. Although it is the contractors’ responsibility to track temporary workers who have been on assignment to the City for two years, departments should be aware of pending assignment expirations and plan accordingly if the position is still needed. If the position still needs to be filled, the department will follow the same procedures as when the position was first filled, or take the appropriate measures to fill the position on a permanent basis. All approvals must be obtained prior to re-filling the position.

8. Seasonal Work

8.1. Workers employed for definite, limited projects or events, and in which there is a regular 90 day break from working for the City between these projects or events, will not be required to have their time of assignment to the City tracked by the contractor or the department. This applies to “seasonal work” only.

9. First Placement

9.1. The City reserves the right to place City temporary employees into temporary vacancies before requesting temporary personnel from contracted vendor(s).

10. Job Specifications

10.1. Departments should clearly specify any particular job requirements when requesting a worker to fill a position, (lifting requirements, time spent standing, etc.). Contractors are to provide qualified workers meeting these job requirements.

11. Affirmative Action

11.1. Departments will, in adherence to the principles set forth in Executive Order Numbers 11246, 11375 and 11598 give equal consideration and treatment to all qualified worker provided by the vendors.

12. Contractor Response to Request

12.1. For a non-referral position, contractors have 24 hours to respond to job fill request.

12.2. City referred employees sent to the primary contractor are not under the 24 hour deadline. In circumstances where there is no referral involved; vendors will have until the close of business that day to confirm to the requesting department that they are able to provide a worker by the next business day or as requested by the department. If the request is made after 12:00 p.m., the contractor will notify the department by 12:00 p.m. the following business day to confirm that it is able to fill the job order within the required time.

13. Driving.

13.1. Individuals driving on behalf of the City, whether in a City vehicle or a privately owned vehicle must be approved and certified, in advance, by the City of Albuquerque’s Risk Management Division. Departments are to insure that it accurately describe the City vehicles for the correct determination of class of valid driver’s license. This contract prohibits placements requiring a commercial driver’s license.

14. Permanent City Employees

14.1. City employees cannot also be employed by a contract vendor.

15. Approval of Time Cards

15.1. Contract employees cannot approve the time sheets of other contract employees. City employees cannot approve time sheets or invoices for payment for relatives. When signing time sheets, take care that all critical information including the regular totals are fully completed prior to signing. Retain your copy for invoice verification. Notify Purchasing should any assistance be required with the progress of these types of situations.

16. Raises, Promotions, and Payroll

16.1. City employees do not determine the rate of pay, promise a rate of pay, or promise promotions to contract workers. Temporary employees have different benefit structures than those of the City of Albuquerque employees. The contractor is responsible for the distribution of payroll checks to its employees. City personnel will not assume this responsibility.

17. Cash-Handling Training

17.1. Administrative Instruction 2-6 requires cash-management training. Contact Treasury Division for dates and times of training sessions. Temporary employees with these type of duties that require certification should be scheduled before the starting the assignment.

18. Background Checks

18.1. The City has the option of requesting background checks for contract employees involved in cash handling or working in security-sensitive positions. The City will bear the cost for such background checks.

19. Testing

19.1. All prospective employees will be tested prior to placement. Acceptable standards for individuals placed shall meet or exceed requirements for all categories of the personnel listed. Testing shall be comparable to City requirements.