2017-072 AGREEMENT FOR
TEMPORARY EMPLOYMENT SERVICES
THIS AGREEMENT,made and entered into this�5 day ofr; I 2017,
A.D., by and between the City of Clermont 685 West Montrose Stree , Clermont, Florida
(hereinafter referred to as "CITY"),and PeopleReady Florida, Inc., 1015 A Street,Tacoma,
WA 98402 (hereinafter referred to as "CONTRACTOR").
WHEREAS,the Lake County,Florida through the public procurement process awarded an
agreement for temporary employment services, Lake County, Florida Number ITB17-
0001 B;
WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's
response thereto and agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of Lake County Number ITB 17-0001 B;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I— SCOPE OF WORK
The CONTRACTOR shall provide temporary employment services as described in Lake
County Contract Number ITB 17-0001 B, which is attached hereto and incorporated herein
as Exhibit "A" and shall do everything required by this Agreement and the other
Agreement Documents contained in the specifications, which are a part of these
Documents. Provided, however, that nothing herein shall require CITY to contract or
acquire any items or services from CONTRACTOR. To the extent of a conflict between
this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit 'A',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until November 29, 2019, unless terminated or renewed as
provided by the Lake County.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
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cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for two
(2) additional one(1) year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide temporary employment services as set forth in the
applicable purchase order or notice to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
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his employees connected with the services provided herein. The CONTRACTOR shall
require to provide Worker's Compensation Insurance for all of the latter's employees unless
such employees are covered by the protection afforded by the CONTRACTOR. Such
insurance shall comply with the Florida Worker's Compensation Law. In case any class of
employees engaged in hazardous work under this Agreement at the site of the Project is
not protected under the Worker's Compensation statute, the CONTRACTOR shall
provide adequate insurance, satisfactory to the CITY, for the protection of employees not
otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) Commercial Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death,or to injury to or destruction of tangible property(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
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them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received b
the partyto whom it is intended.
CONTRACTOR: PeopleReady Florida, Inc.
1015 A Street
Tacoma, WA 98402
Attn: Wayne Larkin, President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
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of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall-be deleted or modified in such a manner as to make the agreement
valid and enforceable under applicable law,,the remainder of this agreement and
the application of such a provision to other persons or circumstances shall be
unaffected, and this agreement shall be valid and enforceable to the fullest extent
permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR:
6. Assignment: This agreement is personal tothe parties hereto and may not be
assigned by CONTRACTOR,in whole or in part, without the prior written consent
of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement arid any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a):Keep and maintain public records that ordinarily and.necessarily would be
required by the CITY in order toperform the services contemplated herein.
(b) Provide the public with access_to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
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(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONSULTANT upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology
systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in Lake County, Florida Contract/Bid No. ITB 17-0001 B.
IN WITNESS WHER F, the parties hereto have executed this Agreement on
thisc96y of i�j/ 2017.
City of lermont
" I r
Gail L. Ash, Mayor
Attest:
Denise Noak, Acting City Clerk
6
PeopleRe, y orida Inc.
/
By�
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Dian Zr ollati
Title Gon4t 4. 5crvw-es
Attest:
AgOonzed -ape' ;.
Qrtivv�e�a T tt ek"
(Name Printed or Typed)
EXHIBIT A
AGREEMENT BETWEEN
LAKE COUNTY,FLORIDA AND
PEOPLEREADY FLORIDA,INC.
FOR
TEMPORARY LABOR SERVICES
ITB#17-0001 6
This is an Agreement between Lake County,Florida,a political subdivision of the State of Florida,
herein referred to as the COUNTY,by and through its Board of County Commissioners,and PeopleReady
Florida, Inc., a foreign corporation authorized to do business in the State of Florida, its successors and
assigns,hereinafter referred to as the CONTRACTOR.
WITNESSETH
WHEREAS,the COUNTY publicly submitted an Invitation to Bid (ITB), #17-0001, to establish
a contract with a qualified contractor for the provision of temporary labor services in conjunction with the
COUNTY's needs; and
WHEREAS, the CONTRACTOR desires to perform such services subject to the terms of this
Agreement in conjunction with the County's needs;and
WHEREAS, the provision of such services will benefit the parties and the residents of Lake
County,Florida.
NOW,THEREFORE,IN CONSIDERATION of the mutual terms,understandings,conditions,
promises,covenants and payment hereinafter set forth,and intending to be legally bound,the parties hereby
agree as follows:
Article 1. Recitals
1.1 The foregoing recitals are true and correct and incorporated herein by reference.
Article 2. Purpose
2.1 The purpose of this Agreement is for the CONTRACTOR to provide temporary labor services in
conjunction with the COUNTY's needs.
Article 3. Scope of Professional Services
3.1 On the terms and conditions set forth in this Agreement, the COUNTY hereby engages the
CONTRACTOR to perform the services set forth herein in Attachment A,known as the Scope of Services,
and all addenda thereto,set forth herein in Attachment B,both attached hereto and incorporated herein by
reference. The CONTRACTOR shall be governed by the Pricing Schedule, which includes the job
descriptions for each position for which the COUNTY may require services and the corresponding rate,set
forth in Attachment C, attached hereto and incorporated herein by reference, unless such schedule is
amended by mutual,written agreement of each party's project manager.
3.2 This Agreement shall commence on the first calendar day succeeding its approval by the Board of
County Commissioners,or designee,unless otherwise stipulated in the Notice of Award Letter distributed
by the COUNTY's Office of Procurement Services; and contingent upon the completion and submittal of
all required pre-award documents. The initial term of this Agreement shall be for twenty-four(24)months,
and then this Agreement will remain in effect until completion of the expressed and/or implied warranty
period. The CONTRACTOR shall maintain, for the entirety of this Agreement, if any, the same prices,
terms,and conditions included within this Agreement.
3.3 Prior to, or upon completion, of the initial term of this Agreement, the COUNTY shall have the
option to renew this Agreement for an additional twenty-four(24)month period. Prior to completion of
each exercised contract term the COUNTY may consider an adjustment to price based on changes in the
consumer price index. It is the CONTRACTOR's responsibility to request in writing any pricing
adjustment under this provision. The CONTRACTOR's written request for adjustment should be submitted
one hundred and eighty (180) calendar days prior to expiration of the then current contract term. The
CONTRACTOR adjustment request must clearly substantiate the requested increase. The written request
for adjustment should not be in excess of the relevant pricing index change. If no adjustment request is
received form the CONTRACTOR, the COUNTY will assume that the CONTRACTOR has agreed that
the optional term may be exercised without pricing adjustment. Any adjustment request received after the
commencement of a new option period shall not be considered.
The COUNTY reserves the right to reject any written price adjustments submitted by the CONTRACTOR
and/or to not exercise any otherwise available option period based on such price adjustments. Continuation
of this Agreement beyond the initial period, and any option subsequently exercised, is a COUNTY
prerogative, and not a right of the CONTRACTOR. This prerogative will be exercised only when such
continuation is clearly in the best interest of the COUNTY.
3.4 The CONTRACTOR shall coordinate and work with any other contractors retained by the
COUNTY. The CONTRACTOR acknowledges that nothing herein shall be deemed to preclude the
COUNTY from retaining the services of other persons or entities undertaking the same or similar services
as those undertaken by the CONTRACTOR or from independently developing or acquiring materials or
programs that are similar to,or competitive with,the services provided under this Agreement.
Article 4. Payment
4.1 Payment shall be made in accordance with the Pricing Schedule as attached in Attachment C. This
is an indefmite quantity contract with no guarantee services will be required. There is no guaranteed
minimum or maximum dollar amount or volume to be expended. A copy of the COUNTY's Purchasing
Policy and Procedures shall be made available to the CONTRACTOR upon request.
4.2 The CONTRACTOR shall submit invoices to the COUNTY user department(s) after each week
has been completed. In addition to the general invoice requirements set forth below,the invoices shall be
sent directly to the County Department where the temporary employee was assigned. Submittal of these
periodic invoices shall not exceed thirty(30)calendar days from the delivery of temporary labor services.
Under no circumstances shall the invoices be submitted to the COUNTY in advance of the delivery and
acceptance of the services.
All invoices shall contain the contract and/or purchase order number, date and location of service, and
confirmation of acceptance of services by the appropriate COUNTY representative. Failure to submit
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invoices in the proscribed manner will delay payment, and the CONTRACTOR may be considered in
default of contract and this Agreement may be terminated.
4.3 Invoices shall provide the following information:
Contractor's Name,address,and phone number
Temporary Employee Name and County Work Location
Name of County Employee the Temporary Employee is to report to
Hourly rate
Date and Number of hours the temporary employee worked
Date and Number of hours the temporary employee worked overtime
Invoice total
4.4 The COUNTY shall make payment on all invoices in accordance with the Florida Prompt Payment
Act, Sections 218.70 through 218.79,Florida Statutes.
Article 5. County Responsibilities
5.1 The COUNTY shall promptly review the deliverables and other materials submitted by the
CONTRACTOR and provide direction to the CONTRACTOR as needed. The COUNTY shall designate
one County staff member to act as COUNTY's Project Coordinator.
5.2 The COUNTY shall reimburse CONTRACTOR, in accordance with the Fee Schedule listed in
Article 4 above for required services timely submitted and approved and accepted by COUNTY in
accordance with the terms of this Agreement.
5.3 The COUNTY will provide to the CONTRACTOR all necessary and available data, photos and
documents the COUNTY possesses that would be useful to the CONTRACTOR in the completion of the
required services.
Article 6. Contractor's Responsibilities
6.1 The CONTRACTOR shall perform the work described in the Scope of Services and the Scope of
Work, including the addendum thereto, attached and incorporated by reference herein as Attachment A
and Attachment B,and the position job descriptions set forth in Attachment C.
6.2 The CONTRACTOR shall assign the project personnel proposed in its submittal to the COUNTY's
ITB to fulfill this Scope of Services unless the COUNTY agrees to substitutions.
6.3 The CONTRACTOR shall coordinate and lead all meetings necessary to accomplish the Scope of
Services. Preparation of all agendas,advertising,meeting minutes and sign-in sheets as necessary.
6.4 The CONTRACTOR shall manage all sub-contractors to fulfill this Scope of Services.
6.5 The CONTRACTOR shall provide all deliverables in format(s)as specified by the COUNTY.
6.6 The CONTRACTOR shall provide any requested progress or status reports necessary for grant
administration.
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Article 7. Special Terms and Conditions
7.1 Qualifications. All firms or individuals will be registered with the State of Florida and have
obtained at least the minimum thresholds of education and professional experience required by the statutes
to perform the work required under this Agreement.
7.2 Termination. The COUNTY reserves the right to terminate this contract, in part, or in whole, or
affect other appropriate remedy in the event the CONTRACTOR fails to perform in accordance with the
terms and conditions stated herein. The COUNTY further reserves the right to suspend or debar the
CONTRACTOR in accordance with County ordinances, resolutions, and/or administrative orders. The
CONTRACTOR will be notified by a written letter of the COUNTY's intent to terminate with a fifteen
(15)days' notice and an appropriate time period to cure any such breach. In the event of termination for
default,the COUNTY may procure the required goods and/or services from any source and use any method
deemed in its best interest.
A. Termination for Convenience. In the event this Agreement is terminated or cancelled upon
the request and for the convenience of the COUNTY with the required advance written notice, the
COUNTY shall reimburse the CONTRACTOR for actual work satisfactorily completed.
B. Termination for Cause. Termination by COUNTY for cause,default,or negligence on the
part of the CONTRACTOR shall be excluded from the foregoing provision. Termination costs, if any,
shall not apply. The advance notice requirement is waived in the event of termination for cause.
C. Termination Due to Unavailability of Funds in Succeeding Fiscal Years. When funds are
not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal
year, this Agreement shall be canceled and the CONTRACTOR shall be reimbursed for the reasonable
value of any non-recurring costs incurred but not amortized in the price of the supplies or services/Tasks
delivered under this Agreement.
7.3 Subletting of Contract. This Agreement shall not be sublet except with the written consent of the
COUNTY's Procurement Services Director. No such consent shall be construed as making the COUNTY
a party to the subcontract or subjecting the COUNTY to liability of any kind to any subcontractor. No
subcontract shall under any circumstances relieve the CONTRACTOR of liability and obligations under
this Agreement and all transactions with the COUNTY must be through the CONTRACTOR.
7.4 Indemnity. The CONTRACTOR agrees for good and valuable consideration in the amount of ten
dollars ($10.00) to indemnify and hold harmless the COUNTY, and its officers and employees, from
liabilities,damages,losses,and costs,including,but not limited to,reasonable attorneys'fees,to the extent
caused by the negligence,recklessness,or intentionally wrongful conduct of the CONTRACTOR and other
persons employed or utilized by the professional in the performance of the contract.
7.5 Independent Contractor. The CONTRACTOR agrees that it shall be acting as an independent
contractor and shall not be considered or deemed to be an agent,employee,joint venturer,or partner of the
COUNTY. The CONTRACTOR shall have no authority to contract for or bind the COUNTY in any
manner and shall not represent itself as an agent of the COUNTY or as otherwise authorized to act for or
on behalf of the COUNTY. Additionally,the CONTRACTOR warrants that it has not employed or retained
any company or person,other than a bona fide employee working solely for the CONTRACTOR to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm other than a bona fide employee working solely for the CONTRACTOR any fee,
commission,percentage,gift,or other consideration contingent upon or resulting from the award or making
of this Agreement.
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7.6 Ownership of Deliverables. The CONTRACTOR agrees all Tasks and/or deliverables under this
Agreement, and other data generated or developed by the CONTRACTOR under this Agreement or
furnished by the COUNTY to the CONTRACTOR shall be and remain the property of the COUNTY,
including any applicable.copyrights. The CONTRACTOR shall perform any acts that may be deemed
necessary ordesirable by the COUNTY to evidence more fully transfer of ownership of all Tasks and/or
deliverables to the COUNTY.. Additionally, the CONTRACTOR hereby represents and warrants that it
has full right and authority to perform its obligations specified in this Agreement.
7.7 Return of Materials. Upon the request of the COUNTY,but in any event upon termination of this
Agreement,the CONTRACTOR shall surrender to the COUNTY all memoranda,notes,records,drawings,
manuals, computer software, and other documents or materials pertaining to the services hereunder, that
were furnished to the CONTRACTOR by the COUNTY pursuant to this Agreement
7.8 NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF
TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS.
No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the
work shall relieve the CONTRACTOR of his duty to perform or give rise to any right to damages or
additional'compensation from the COUNTY. The CONTRACTOR expressly acknowledges and agrees
that the CONTRACTOR shall receive no damages for delay. However,this provision shall not preclude
recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud,bad faith or active
interference on the part of the COUNTY. Otherwise,CONTRACTOR shall be entitled to extensions of the
Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the
extent specifically provided above. Should the CONTRACTOR be obstructed or delayed in the prosecution
of or completion of the work as a result of unforeseeable causes beyond the control of the CONTRACTOR,
the CONTRACTOR shall notify the COUNTY in writing:within two (2) regular work days after the
commencement of such delay, stating the cause or causes thereof,or be deemed to have waived any right
which the CONTRACTOR may have had to request a time extension.
7.9 Retaining Other Contractors. Nothing herein shall be deemed to preclude;the COUNTY from
retaining the services of other persons or entities undertaking the same or similar services as those
undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs
that are similar to,or competitive with,the services provided under this Agreement.
7.10 Accuracy. The CONTRACTOR is responsible for the professional quality, technical accuracy,
timely completion and coordination of all the services furnished hereunder. The CONTRACTOR shall,
without additional compensation,correct or revise any errors,omissions or other deficiencies in its designs,
'drawings,reports or other services.
7.11 Codes and Regulations. All work completed under this Agreement shall conform to all applicable
federal,state and local statutes,codes,regulations and ordinances.
7.12 Truth in Negotiation Certificate. For all lump-sum or cost-plus fixed fee contracts exceeding One
Hundred Ninety-Five Thousand dollars ($195,000.00),the firm awarded the contract must execute a truth
in negotiation certificate stating that the wage rates and other factual unit costs are accurate,complete and
current,at the time of contracting. Any contract requiring this certificate shall contain a provision that the
original contract price and any additions shall be adjusted to.exclude any significant sums by which the
COUNTY determines the contract price was increased due to inaccurate,incomplete,or non-current wage
rates and other factual unit costs. All such contract adjustments shall be made within one(1)year following
the end of the contract. By executing this Agreement,the CONTRACTOR has executed this certificate.
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7.13 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list
following a conviction of a public entity crime may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold
amount provided in Florida Statutes, Section 287.017 for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list.
7.14 Prohibition Against Contingent Fees. The CONTRACTOR warrants that they have not employed
or retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that they have not paid or agreed to pay any
person,company,corporation, individual,or firm, other than a bona fide employee working solely for the
CONTRACTOR any fee,commission,percentage,gift or other consideration contingent upon or resulting
from the award or making of this Agreement.
7.15 Right to Audit. The COUNTY reserves the right to require the CONTRACTOR to submit to an
audit by any auditor of the COUNTY's choosing. The CONTRACTOR shall provide access to all of its
records,which relate directly or indirectly to this Agreement at its place of business during regular business
hours. The CONTRACTOR shall retain all records pertaining to this Agreement and upon request make
them available to the COUNTY for three (3) years following expiration of the Agreement. The
CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by
the COUNTY to ensure compliance with applicable accounting and fmancial standards.
7.16 Public Records/Copyrights.
A. All electronic files,audio and/or video recordings,and all papers pertaining to any activity
performed by the CONTRACTOR for or on behalf of the COUNTY shall be the property of the COUNTY
and will be turned over to the COUNTY upon request. In accordance with Chapter 119,Florida Statutes,
each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public
records available for inspection by any person even if the file or paper resides in the CONTRACTOR's
office or facility. The CONTRACTOR shall maintain the files and papers for not less than five(5)complete
calendar years after the Project has been completed or terminated, or in accordance with any grant
requirements, whichever is longer. Prior to the close out of this Agreement, the CONTRACTOR shall
appoint a records custodian to handle any records request and provide the custodian's name and telephone
number(s)to the Contracting Officer.
B. Any copyright derived from this Agreement shall belong to the author. The author and the
CONTRACTOR shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and
all information provided by the CONTRACTOR in any deliverable and/or report for the COUNTY's use
which may include publishing in the COUNTY documents and distribution as the COUNTY deems to be
in the COUNTY's best interests. If anything included in any deliverable limits the rights of the COUNTY
to use the information, the deliverable shall be considered defective and not acceptable and the
CONTRACTOR will not be eligible for any compensation.
C. Pursuant to Section 119.0701,Florida Statutes,the CONTRACTOR shall comply with the
Florida Public Records' laws,and shall:
1. Keep and maintain public records required by the COUNTY to perform the services
identified herein.
2. Upon request from the COUNTY's custodian of public records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for by law.
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3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the CONTRACTOR does not transfer the
records to COUNTY.
4. Upon completion of the contract,transfer,at no cost,to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records required by the COUNTY
to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon
completion of the contract,the CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the contract, the
CONTRACTOR shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the COUNTY, upon request from the COUNTY'S
custodian of public records,in a format that is compatible with the information technology systems
of the COUNTY.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, SUSAN DUGAN, AT LAKE COUNTY PROCUREMENT
SERVICES, 352-343-9839, 315 W. MAIN STREET, TAVARES, FLORIDA
32778, SDUGAN(a�LAKECOUNTYFL.GOV
Failure to comply with this section shall be deemed a breach of this Agreement and enforceable as set forth
in Section 119.0701,Florida Statutes.
7.17 Insurance. The CONTRACTOR shall provide and maintain at all times during the term of this
Agreement,without cost or expense to the COUNTY,policies of insurance,with a company or companies
authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring
CONTRACTOR against any and all claims,demands or causes of action whatsoever,for injuries received
or damage to property relating to the performance of duties, services and/or obligations of the
CONTRACTOR under the terms and provisions of this Agreement. The CONTRACTOR is responsible
for timely provision of certificate(s) of insurance to the COUNTY at the certificate holder address
evidencing conformance with the requirements under this Agreement at all times throughout the term of
the Agreement.
Such policies of insurance, and confirming certificates of insurance, shall insure the CONTRACTOR in
accordance with the following minimum limits:
General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form
Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without
restrictive endorsements,with the following minimum limits and coverage:
Each Occurrence/General Aggregate $500,000
Products-Completed Operations $500,000
Personal&Adv.Injury $500,000
Fire Damage $50,000
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Medical Expense $5,000
Contractual Liability Included
Automobile liability insurance,including owned,non-owned,and hired autos with the following minimum
limits and coverage:
Combined Single Limit $300,000
or
Bodily Injury(per person) $100,000
Bodily Injury(per accident) $300,000
Property Damage $100,000
Workers'compensation insurance based on proper reporting of classification codes and payroll amounts in
accordance with Chapter 440, Florida Statutes, and/or any other applicable law requiring workers'
compensation (Federal, maritime, etc.). If not required by law to maintain workers' compensation
insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured; he or she
will not hold the COUNTY responsible for any payment or compensation.
Employers Liability insurance with the following minimum limits and coverage:
Each Accident $500,000
Disease-Each Employee $500,000
Disease-Policy Limit $500,000
Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant,
environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of
$500,000 and annual aggregate of$1,000,000.
Lake County,a Political Subdivision of the State of Florida,and the Board of County Commissioners,shall
be named as additional insured as their interest may appear on all applicable liability insurance policies.
The certificate(s)of insurance shall provide for a minimum of thirty(30) days prior written notice to the
COUNTY of any change, cancellation, or nonrenewal of the provided insurance. It is the
CONTRACTOR's specific responsibility to ensure that any such notice is provided within the stated
timeframe to the certificate holder.
Upon execution of this Agreement,the CONTRACTOR shall provide a copy of all policy endorsement(s),
reflecting the required coverage, with the COUNTY listed as additional insured along with all required
provisions to include waiver of subrogation.
Certificate(s)of insurance shall identify the applicable solicitation number in the Description of Operations
section of the Certificate.
Certificate holder shall be:
LAKE COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,AND
THE BOARD OF COUNTY COMMISSIONERS.
P.O.BOX 7800
TAVARES,FL 32778-7800
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Certificates of insurance shall evidence a waiver of subrogation in favor of the COUNTY, that coverage
shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or
Severability of Interests provision,with no requirement of premium payment by the COUNTY.
The CONTRACTOR shall be responsible for subcontractors and their insurance. Subcontractors are to
provide certificates of insurance to the CONTRACTOR evidencing coverage and terms in accordance with
the CONTRACTOR's requirements.
All self-insured retentions shall appear on the certificate(s)and shall be subject to approval by the COUNTY.
At the option of the COUNTY, the insurer shall reduce or eliminate such self-insured retentions or the
CONTRACTOR or subcontractor shall be required to procure a bond guaranteeing payment of losses and
related claims expenses.
The COUNTY shall be exempt from,and in no way liable for,any sums of money,which may represent a
deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured
retention shall be the sole responsibility of the CONTRACTOR and/or subcontractor providing such
insurance.
Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and
may result in termination of this Agreement for default.
Neither approval by the COUNTY of any insurance supplied by the CONTRACTOR or Subcontractor(s),
nor a failure to disapprove that insurance, shall relieve the CONTRACTOR or Subcontractor(s) of full
responsibility for liability,damages,and accidents as set forth herein.
7.18 Bonding Requirements. A Fidelity Bond with Blanket Employee Dishonest Coverage in the
amount of$5,000 shall be provided by the CONTRACTOR. A copy of the form(s)providing the coverage
shall be submitted with the Certificate of Insurance. The Fidelity Bond must include DESIGNATED
EMPLOYEES ON PREMISES OF CUSTOMER/LEGAL LIABILITY Endorsement.
7.19 Acceptance of Services. The services rendered under this Agreement shall be deemed complete
and accepted when the manpower timesheet is signed off by the COUNTY.
7.20 Indemnity. CONTRACTOR shall indemnify and hold COUNTY and its agents, officers,
commissioners or employees harmless for any damages resulting from failure of CONTRACTOR to take
out and maintain the above insurance. Additionally, CONTRACTOR agrees for good and valuable
consideration in the amount of ten dollars ($10.00) to indemnify, and hold the Board of County
Commissioners, Lake County, Florida, and its officers, commissions, employees and agents free and
harmless from and against any and all losses,penalties,damages, settlements,costs,charges,professional
fees or other expenses or liabilities resulting from the negligent act,error or omission of CONTRACTOR,
its agents, employees or representative, in the performance of CONTRACTOR'S duties set forth in this
Contract.
7.21 Minimum Wage. Under this Agreement, the wage rate paid to all employees employed by the
CONTRACTOR for the work under the contract shall not be less than the prevailing wage rates for similar
classifications of work as established by the Federal Government and enforced by the U.S.Department of
Labor,Wages and Hours Division,and Florida's Minimum Wage requirements in Article X,Section 24(f)
of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for
Workforce Innovation by rule,whichever is higher.
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7.22 E-verify. The CONTRACTOR shall utilize the U.S.Department of Homeland Security's E-Verify
system in accordance with the terms governing use of the system to confirm the employment eligibility of:
1. All persons employed by the CONTRACTOR during the term of this Agreement to
perform employment duties within Lake County;and
2. All persons, including subcontractors, assigned by the CONTRACTOR to perform work
pursuant to the contract.
and shall expressly require any contractor and subcontractors performing work or providing services
pursuant to a state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the subcontractor during the
contract term.
7.22 Reporting, Consistent with the administrative needs of the COUNTY, certain relevant data
regarding purchases of goods and/or services under COUNTY contracts is to be gathered and maintained.
Accordingly,the CONTRACTOR under this Agreement is to provide report(s) on a semi-annual basis to
the COUNTY as to the nature of the services purchased from them by the COUNTY during the preceding
six months. Each report shall include the quantity,description and unit price(s)of the services.
The report(s) is to be submitted via e-mail to Susan Dugan, Senior Contracting Officer, in Procurement
Services at sdugan(a)lakecountyfl.gov.
Each report shall be submitted no later than fifteen(15)calendar days after the expiration of the sixth(6rd)
month of each contract period. Failure to comply with this reporting requirement may be considered a
breach of performance and subject to formal proceedings in that regard.
7.22 Local Office Shall be Available.
To ensure timely support to immediate needs, the CONTRACTOR shall maintain an office within the
geographic boundaries of Lake County. This office shall be staffed by a competent company representative
who can be contacted during normal working hours and who is authorized to discuss matters pertaining to
this Agreement. The COUNTY reserves the right to perform an inspection of the local office during any
time during the term of this Agreement. The acceptability of the size,location,and overall functionality of
the service facility shall be determined by the COUNTY in consideration of the contract requirements. The
COUNTY's best interests shall prevail in this regard,and the decision of the COUNTY in this regard shall
be final.
7.23 Special Notice Regarding Federal and/or State Requirements. This purchase action is being
supported in whole or in part by Federal and/or State funding. Therefore, this Agreement includes
provisions related to various specific federal and/or state requirements. All such clauses shall be considered
and treated as "flow-down" clauses that shall be considered applicable to any prime contract and any
subcontract associated with performance under this Agreement. Detailed review of all terms and conditions
included in this Agreement is strongly encouraged to ensure that full compliance with all contractual
requirements is considered throughout performance under this Agreement at prime contractor and
subcontractor levels.
For any construction contract supported by state funding,the CONTRACTOR shall give preference to the
employment of state residents in the performance of the work on the project if state residents have
substantially equal qualifications to those of nonresidents. The term "substantially equal qualifications"
refers to a situation wherein the vendor cannot make a reasonable determination that the qualifications held
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by one person are better than the qualifications of another person. A vendor required to employ state
residents must contact the Department of Economic Opportunity to post the contractor's employment needs
in the state's job bank system.
7.24 Additional Categories may be Added. Although this Agreement identifies specific categories,it is
hereby agreed and understood that the COUNTY may submit a job description to the CONTRACTOR and
if pricing is agreed upon,a contract modification shall be added to this Agreement.
The COUNTY may obtain price quotes for additional categories from other vendors in the event that fair
and reasonable pricing is not obtained from the CONTRACTOR, or for other reasons at the COUNTY's
discretion.
Article 8. Miscellaneous Provisions
8.1 This Agreement is made under,and in all respects shall be interpreted,construed,and governed by
and in accordance with,the laws of the State of Florida. Venue for any legal action resulting from this
Agreement shall lie in Lake County,Florida.
8.2 Neither party may assign any rights or obligations under this Agreement to any other party unless
specific written permission from the other party is obtained.
8.3 The captions utilized in this Agreement are for the purposes of identification only and do not control
or affect the meaning or construction of any of the provisions hereof.
8.4 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and of
their respective successors and permitted assigns.
8.5 This Agreement may not be amended,released, discharged, rescinded or abandoned, except by a
written instrument duly executed by each of the parties hereto.
8.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will
in no way constitute or be construed as a waiver of such provision or of any other provision hereof,nor in
any way affect the validity of,or the right thereafter to enforce,each and every provision of this Agreement.
8.7 During the term of this Agreement the CONTRACTOR assures the COUNTY that it is in
compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of
1992, in that CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age,
disability or marital status, discriminate in any form or manner against CONTRACTOR employees or
applicants for employment. The CONTRACTOR understands and agrees that this Agreement is
conditioned upon the veracity of this statement of assurance.
8.8 The CONTRACTOR shall at all times comply with all Federal, State and local laws, rules and
regulations.
8.9 The CONTRACTOR shall act as the prime CONTRACTOR for all required items and services and
shall assume full responsibility for the procurement and maintenance of such items and services. The
CONTRACTOR shall be considered the sole point of contact with regards to all stipulations, including
payment of all charges and meeting all requirements of this Agreement. All sub-contractors will be subject
to advance review by the COUNTY in terms of competency and security concerns. No change in sub-
contractors shall be made without consent of the COUNTY. The CONTRACTOR shall be responsible for
all insurance, permits, licenses and related matters for any and all sub-contractors. Even if the sub-
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contractor is self-insured, the COUNTY may require the CONTRACTOR to provide any insurance
certificates required by the work to be performed.
8.10 The CONTRACTOR shall either be registered or have applied for registration with the Florida
Department of State in accordance with the provisions of Chapter 607,Florida Statutes.
8.11 The CONTRACTOR shall not assign or transfer this Agreement, including any rights, title or
interest therein, or its power to execute such contract to any person, company or corporation without the
prior written consent of the COUNTY. This provision specifically includes any acquisition or hostile
takeover of the CONTRACTOR. Failure to comply in this regards may result in termination of this
Agreement for default.
8.12 Any individual,corporation or other entity that attempts to meet its contractual obligations through
fraud, misrepresentation or other material misstatement, may be debarred for up to five (5) years. The
COUNTY as a further sanction may terminate or cancel any other contracts with such individual,
corporation or entity with such vendor held responsible for all direct or indirect costs associated with
termination or cancellation,including attorney's fees.
8.13 The COUNTY reserves the right to perform,or cause to be performed, all or any of the work and
services herein described in the manner deemed to represent its best interests. In no case will the COUNTY
be liable for billings in excess of the quantity of goods or services actually provided under this contract.
8.14 This Agreement may be modified by mutual consent of duly authorized parties,in writing through
the issuance of a modification to this Agreement and/or purchase order as appropriate. This presumes the
modification itself is in compliance with all applicable COUNTY procedures.
8.15 The COUNTY has the unilateral option to extend this Agreement for up to ninety (90) calendar
days beyond the current contract period. In such event,the COUNTY will notify the CONTRACTOR in
writing of such extensions. This Agreement may be extended beyond the initial ninety(90)day extension
upon mutual agreement between the COUNTY and the CONTRACTOR. Exercise of the above options
requires the prior approval of the Procurement Services Manager.
8.16 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provisions were omitted.
8.17 Wherever provision is made in this Agreement for the giving, service or delivery of any notice,
statement or other instrument,such notice shall be in writing and shall be deemed to have been duly given,
served and delivered,if delivered by hand or mailed by United States registered or certified mail or sent by
facsimile,addressed as follows:
If to CONTRACTOR: If to COUNTY:
Contracts Department
Wayne Larkin,President County Manager
PeopleReady Florida,Inc. Lake County Administration Bldg.
1015 A Street Post Office Box 7800
Tacoma,Washington 98402 Tavares,Florida 32778-7800
Each party hereto may change its mailing address by giving to the other party hereto,by hand delivery,
United States registered or certified mail notice of election to change such address.
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Article 9. Scone of Agreement
9.1 This Agreement is intended by the parties hereto to be the fmal expression of their Agreement,and
it constitutes the full and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations,statements,or agreements to the contrary heretofore made.
9.2 This Agreement contains the following Attachments:
Attachment A Scope of Services
Attachment B Addenda
Attachment C Pricing Schedule and Job Description
(The remainder of this page intentionally left blank)
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Agreement between Lake County,Florida and PeopleReady Florida,Inc.,for Temporary Labor Services;ITB#17-0001
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: COUNTY through its Board of County Commissioners, signing by
and through its Chair and by CONTRACTOR through its duly authorized representative.
CONTRACTOR
WDigitally
all signed by Cinnamon
q
�
Date:2017A2.0810:04:16-08'00'
Wayne Larkin,President Cinnamon Krait
PeopleReady Florida,Inc.
This 8th day of February ,2017.
COUNTY
ATTEST: LAKE COUNTY,through its
BOARD OF COUNTY COMMISSIONERS
•
Ne Kelly,Cle k of th, =•,rd Timothy Sullivan,Chairman
County Commissione s of
Lake County,Florida This' day of C1" ' ,2017.
Approved as to form and legality:
l Va.A. L
Melanie Marsh
County Attorney
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f
ATTACHMENT A
SCOPE OF SERVICES
Section 2 Scope of Work
Provide temporary labor to the County as required.
Section 2.1 Orders
Manpower will be requested by the County as needed, in writing, via e-mail or facsmile from the
requesting department to the CONTRACTOR. CONTRACTOR shall propose the name(s) and
resumes (if needed) of available people. Once the User Department agrees upon a person(s), in
writing, back to the CONTRACTOR,the User Department will process a purchase requisition to
obtain a purchase order. The purchase order shall be the actual authorization of the order.
Section 2.1.1 Additional categories not Specifically Noted in this ITB
Such requests will be forwarded to the Contractor from the County Procurement Services Division
for a written quote. The written quote must be approved by the County. The County will modify
the contract to include the additional category and a purchase requisition will be processed.
Section 2.2 Overtime
Work performed in excess of forty (40) hours per week must be approved by the County
Department Director, verified on the manpower time sheet and be signed by the County
Department Director. Verified and approved overtime shall be paid at a rate of 1.5 times the hourly
contracted rate.
Section 2.3 Termination of Individuals
Individuals may be terminated by the County for any reason, at any time, at the sole discretion of
the County. Individuals using drugs or alcohol shall be terminated.
Section 2.4 Interviewing
Should the County decide it is necessary to conduct interviews of potential individuals; all
interviews shall be conducted at a County location. Transportation to and from the interview is
the sole responsibility of,and cost of,the Contractor.
Section 2.5 Requirements for all Manpower Provided by the Contractor
All manpower provided shall meet or exceed each of the following requirements:
1. Ability to project a professional image and deal effectively with the public, as
most supplemental staff will have high public exposure.
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2. Punctuality and attendance.
3. Ability to following instructions/directions and the ability to work independently
after receiving instructions/directions. Physically and mentally able to perform the
essential functions of the supplemental staff position.
4. Possess safety equipment required to perform the job requested including but not
limited to work/rubber gloves, safety shoes/boots, hats, safety glasses and safety
vests. Safety equipment shall meet or exceed the quality of the equipment that is
currently used by the County.
5. Dress Code: The County will advise the Contractor,the appropriate work attire for
the job. All supplemental staff shall dress in a manner which is appropriate to the
type of work performed and have a neat and orderly appearance.
6. Possess appropriate driver license as required for heavy equipment operation and/or
truck driving.
7. All manpower shall be United States Citizens or the Contractor shall provide
documentation to the County evidencing that the person has legal permission to
work in the United States.
8. All manpower shall be required to speak,read and write English.
9. Individuals are required to report any accidents or incidents immediately to the
County Supervisor and follow up with the appropriate paperwork and/or
instructions provided by the County Supervisor.
2.6 Cancellations
Cancellations of manpower by the County will be at least two (2) hours before the person is
scheduled to start work at no charge to the County
If the County is unable to give a two(2)hour notice,the Contractor shall be paid for two(2)hours
of work time for each affected person.
Section 2.7 Unsatisfactory Manpower
If the individual is not working to the satisfaction of the County,the County may relieve the person
of their duties and the County may request a replacement.
Section 2.8 Contractor shall provide the following at no additional charge to the County:
1. A replacement within twenty-four hours for any individual who is unable to
perform duties to the satisfaction of the County. Replacement requirements are the
same as the original requirements.
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2. A local and out of state criminal background check for each proposed person shall
be completed by the Contractor. Each background check shall follow the
Background Investigation Procedures established by the Florida Department of
Law Enforcement,Division of Criminal Justice Standards and Training. If there is
anything found on the background check,the Contractor shall provide a copy of the
background check to the Lake County Human Resources Department for review
and approval.The background check must be approved in writing before the person
starts work with the County.
3. A drug and alcohol screening per the Department of Transportation (DOT)
standards shall be completed on every person proposed. A positive test is not
acceptable.
4. A copy of the proposed person's driver license for all equipment operators and truck
drivers shall be provided to the Lake County Human Resources Department where
they will do a seven year driving record.
5. A designated contracting manager. The contract manager shall liaison with the
County for job requirements of supplemental staff,complaints,concerns and issues
that may arise throughout the duration of any contract derived from this bid request.
Section 2.9 Lake County Employment Opportunities
In the event any of the individuals supplied by the contractor apply for and are
offered a position with the County, there shall be no charges or stipulations to the
County(i.e. buy-outs or penalties).
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ATTACHMENT B
ADDENDUM
• O
LAKE COUNTY
FLORIDA
OFFICE OF PROCUREMENT SERVICES PHONE: (352)343-9839
315 WEST MAIN STREET,SUITE 416 FAX: 352)343-9473
PO BOX 7800
TAVARES FL 32778-7800 www.Iakegovernment.com
ADDENDUM NO.1
Date: November 23,2016
ITB No.17-0001
ITB Title: Temporary Labor Services
it is the vendor's responsibility to ensure their receipt of all addenda,and to clearly acknowledge all
addenda within their initial bid or proposal response.Acknowledgement may be confirmed either by
inclusion of a signed copy of this addendum with the initial bid or proposal response,or by completion and
return of the addendum acknowledgement section of the solicitation. Failure to acknowledge each
addendum may prevent the bid or proposal from being considered for award.
This addendum docs not change the date for receipt of bids.
I. Add the following item number 6,to Section 2.8,Contractor shall provide the following at no
additional charge to the County:
6. Transportation for any temporary labor person,where the County notifies the vendor of
reasonable suspicion,that the person may be impaired.
2. Will be bids be considered that are only bidding on certain categories? Yes
3. Will this be n multiple award? See Section 1.3 of the ITB. It is the County's intent is to
award to multiple vendors,if possible.
4. Who is the current provider? PeopleReady and Spherion Staffing.
5. Is there a not-to-exceed budget for this project? No
6. Provide bill rates and pay rates for consultants working under current contract? The
rates we pay the vendor to provide staffing Is listed in our contracts which may be accessed by
visiting our website at the link provided below. We do not have the numbers that the vendors
are paying their people.
lutp://www.lakecountyfixovideparnuents/fiscal and administrative services/procurement_ser
vices/term and suaplv.aspx
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•
7. Is there n time extension for receipt of the bids? No
8. Does the successful vendor need to have an existing office in Lake County? No, but when
the contract starts,It is required to maintain an office in Lake County.
9. What is the dollar expenditure? This is historical data only and in no way obligates the
County in any way. No guarantee is expressed or implied as to quantities or dollar value that
will be used during the contract period.
Name of Firm Fiscal Year Fiscal Year ending
ending 9/30/2015 9/30/2016
People Ready $306,000 $313,000
(formerly known as Labor Ready)
Spherion Staffing $87,000 $70,456
10. Does the County have a pre-determined level of background check and what count drug
test will be performed? Yes,see Section 2.8 of the bidding document. The drug test is a
minimum of five(5)panels.
11. Will the County set the pay rates for each category? No
12. Do the current temporary employees need to be given preference once a new contract is
awarded? Yes
13. Will preference be given to a Lake County vendor? See page 23,the last paragraph on the
page named Reciprocal Vendor Preference,of the 1TB and
14. When do we provide the Fidelity Bond? You do not need to supply the Fidelity Bond with
your initial bid response. If awarded,you may be requested to provide the fidelity bond.
Firm Name: C P(e, Date: I )//‘0 /36
Signature: Title: j/1 6a,AC4 /) ( Al v
Typed/Printed Name: I "n-1 ► /y 1 J6YI
Addendum prepared by,
Swan Mugau
Senior Contracting Officer
Lake County Procurement Services
$duganrillakccountvflstov
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ATTACHMENT C
PRICING SCHEDULE&JOB DESCRIPTIONS
PRICING SECTION
No. Description Cost per hour
1. Office Associate 1 Performs routine secretarial and clerical work in
support of effective and efficient office operations. $15.87
Provides professional and courteous customer
service at all times and performs related duties as
required.
Qualifications: Any equivalent combination of
education,training and experience may be
considered. High School Diploma or GED
required with one(I)year of related experience.
This may require a valid Florida driver's license.
This position does not include driving a county
vehicle.
2. Office Associate IV Performs responsible and complex administrative,
secretarial and clerical work in support of effective $17.45
and efficient office operations. Responsible for
coordinating general clerical functions for the
department, providing support staff training and
leadership as assigned, providing administrative
assistance to supervisor or assigned staff,providing
professional and courteous customer service at all
times,and performing related duties as required.
Qualifications: Any equivalent combination of
education,training and experience may be
considered. A High School Diploma or GED is
required and one(I)year of college or vocational
school education in office management,secretarial
science,clerical studies or closely related field with
three(3)years of related experience. This may
require a valid Florida driver's license. This
position does not include driving a county vehicle.
3. Data Entry Operator Performs routine to moderately complex data entry
and other clerical work in support of efficient and $14.28
effective department operations. May serve as a
receptionist and be responsible for answering
phones,entering,proofreading and retrieving
computer data,assisting with other clerical tasks as
assigned and provide professional customer service
at all times.
Qualifications: Any equivalent combination of
education,training and experience may be
considered. A High School Diploma or GED is
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required and two(2)years of related experience. A
Florida driver's license is required. This position
does not include driving a county vehicle.
4. Financial Analyst Performs financial analysis of trends or sources of
revenue,auditing accounts,tracking capital $
projects.preparing and maintaining budgets, NO BID
processing accounts payable and receivable,
administering grant revenue,assisting with grant
compliance for tracking and reporting of staff time
and efforts,lease agreements and other program
activities. This position does not include driving a
county vehicle.
5. General Labor Performs semi-skilled and unskilled work in the
maintenance of County facilities,grounds,roads $13.96
and equipment. The position Is also responsible for
other work as assigned.
Qualifications: Requires the ability of speaking
and or signaling people to convey or exchange
information. Reads and writes basic English
sentences. This position does not include driving a
county vehicle.
5. Custodian Performs routine janitorial related services and
provides general office cleaning of buildings $13.96
including but not limited to offices,conference
rooms,restrooms,kitchen,entrances,stairways and
sidewalks and may be required to complete
inspection reports.
Qualifications: Requires the ability of speaking
and or signaling people to covey or exchange
information. Read and writes basic English
sentences.This position does not include driving a
county vehicle.
6. Water Laboratory Performs assistance to laboratory staff with sample
Assistant receiving,answering telephones,bottle kit and $
reagent preparation,clerical data entry related to NO BID
samples and minor analysis and performs other
duties as required.
Qualifications: Speaking,reading and writing
English. Ability to operate a computer,copy
machine,telephone,analytical balance,chemical
handling in the preparation of reagents(MSDS
sheets available).This position does not include
driving a county vehicle.
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7. Certified Traffic Provide traffic flagging duties including but not
Flagger limited to directing traffic using flags and signs, $14.44
operate various hand tools,lawn and power
equipment.
Qualifications: Speaks with or signals to people to
convey or exchange information. Requires high
school diploma,GED or vocation training and a
current Florida Certification in Maintenance of
Traffic. This position does not include driving a
county vehicle.
8. Landfill Attendant Performs customer service and clerical duties in
support of daily County Landfill operations. $13.96
Greets and assists landfill and or drop off center
customers;observes and directs all incoming and
outgoing traffic,accurately assesses and quantifies
waste materials,checking for prohibited or
hazardous materials,and other related duties as
required.
Qualifications:Speaks English.Ability to add,
subtract,multiply,divide,compute ratios,rates and
percentages. Ability to handle funds received as
customer payments. This position does not include
driving a county vehicle.
9. Trades Crew Leader Performs maintenance of County buildings,
building systems and equipment,parks and
grounds as assigned. Responsible for training,
supervising staff as needed performing skilled
trade(s),maintaining assigned tools and equipment,
preparing work records and reports and ensuring
professional customer service at all times.
Qualifications: Ability to operate an assortment of
machinery and equipment including but not limited
to mowers,week eaters,chain saws,bobcat gators
(golf carts)and truck within park area. Ability to
work outside. Requires high school diploma or
GED,and one year of college or vocational school
education in one or more building trades with three
years of related experience. Requires a valid
Florida driver's license,with an approved seven(7)
year DL history and any certifications or licenses
required for use of equipment.
9. Equipment Operator Perform operation of machinery and equipment 19.74
with Class"A"."B"or including but not limited to small loader,small skid $
"C"CDL License(as steerer,forklift and assist with maintaining
applicable) equipment.
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Qualifications: Speaks English.Ability to add,
subtract,multiply,divide,compute ratios,rates and
percentages. Requires a current,valid Florida
Commercial Driver License(CDL)Class A,B.or
C license,with an approved seven(7)year DL
history and any certifications or licenses required
for use of equipment.
10 Truck Driver with Class Perform tnick driving and general labor services as
"A"or"B"CDL needed including but not limited to debris cleanup, $
License(as applicable) delivery of library materials and performs related NO BID
duties as required.
Qualifications: Reads,writes,and speaks English.
Requires current,valid Florida Commercial Driver
License(CD1)Class A and or B as applicable,with
an approved seven(7)year DL history and any
certifications or licenses required for use of
equipment.
11. Delivery Services Performs transportation of materials,supplies and
Driver/Operator equipment between County buildings,libraries and $
offices. Sort,pick up and deliver items,maintains NO BID
delivery van,conducts safety inspections,
schedules routine maintenance and performs other
related duties as required.
Qualifications: Reads,writes,and speaks English.
A high school diploma,GED or vocational training
is required and a current valid Florida driver's
license.
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1
1
•CONSENT TO CORPORATE ACTION
BY THE BOARD OF DIRECTORS
OF
PEOPLEREADY,INC.
We, the undersigned, being all of the Directors of PeopleReady, Inc., a Washington
corporation (the "Company"), do hereby consent to the adoption of, and do hereby adopt, the
following resolutions and declare them to be in full force and effect as if they were adopted at a
regularly scheduled meeting of the Board of Directors of the Company:
ELECTION OF OFFICERS
RESOLVED: That effective November 29th, 2016,the directors of the Company hereby
appoint the following individuals to the offices as set forth below,to serve until the next
annual meeting of the Board of Directors or until their successors are elected and qualified,
unless earlier removed in accordance with law:
President: Wayne Larkin
Vice President: James Defebaugh
Vice President Electrical Contracting: Robert Luberti
Vice President Electrical Contracting
In Oklahoma: Eddie Hodges
Treasurer/CFO: Derrek Gafford
Secretary: Todd Gilman
FURTHER RESOLVED: That any actions taken by any of the officers of the Corporation
prior to the adoption of these resolutions that are within the authority conferred in the
foregoing resolutions be, and the same hereby are,ratified,confirmed,and approved in all
respects.
AUTHORITY TO SIGN CONTRACTS
RESOLVED, that Manal Boulos (Director of Commercial Law), Kyle Trethewey
(Corporate Counsel), Taylor Sauve (Corporate Counsel), Cinnamon Krall (Contracts
Administrator), Logan Bradley (Contract Services Assistant), and Pam Troillet(Contract
Services Assistant) are authorized, on behalf of the Company, to execute and deliver all
contracts for the provision of temporary labor services in connection with the transaction
of the Company's business.
FURTHER RESOLVED: That any actions taken by Ms. Boulos, Mr. Trethewey, Mr.
Sauve,Ms.Krall,Mr.Bradley,or Ms.Troillet prior to the adoption of this resolution that
is within the authority conferred in the foregoing resolution be, and the same hereby is,
ratified,confirmed and approved in all respects.
FURTHER RESOLVED: That TrueBlue Enterprises, Inc., a Nevada corporation, is
authorized to act as a contracting agent for Company and to enter into,execute and deliver
all contracts for the provision of temporary labor services on behalf of Company.
AUTHORITY TO SIGN LEASES
RESOLVED, that Todd Gilman (Deputy General Counsel), Manal Boulos (Director of
Commercial Law), Kyle Trethewey (Corporate Counsel), Taylor Sauve (Corporate
Counsel) are authorized to execute on behalf of the Company all leases, amendments
thereto, estoppel certificates and related documents and agreements pertaining to the
Company's lease of branch office facilities.
FURTHER RESOLVED: That any actions taken by Mr. Gilman, Ms. Boulos, Mr.
Trethewey or Mr. Sauve prior to the adoption of this resolution that is within the authority
conferred in the foregoing resolution be, and the same hereby is, ratified, confirmed and
approved in all respects.
AUTHORITY TO SIGN LIENS
RESOLVED, that Chris Johnson (Controller, Operational Accounting), Rhonda Hansen
(Corporate Credit Manager), Debbie Backus (Credit Supervisor), Jennilin Frantz (Credit
Supervisor), Erin Neill (Credit Supervisor), Gloria Wade (Credit Supervisor) and Calvin
Whities(Credit Supervisor)are authorized to execute and deliver on behalf of the Company
all Lien Releases and Waivers in connection with the transaction of the Company's
business.
FURTHER RESOLVED: That any actions taken by Mr. Johnson, Ms. Hansen, Ms.
Backus, Ms. Frantz, Ms. Neill, Ms. Wade or Mr. Whities prior to the adoption of this
resolution that is within the authority conferred in the foregoing resolution be,and the same
hereby is,ratified,confirmed and approved in all respects.
Dated this 29th day of November,2016.
DIRECTORS:
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James Defeb 1 ugh Derrek G ord