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2017-45
AGREEMENT FOR TEMPORARY EMPLOYMENT SERVICES THIS AGREEMENT, made and entered into this day ofJr' 2017, A.D., by and between the City of Clermont 685 West Montrose Stre t, Clermont, Florida (hereinafter referred to as "CITY"), and AUE Staffing, Inc., 777 East Altamonte Drive, Altamonte Springs, FL 32751 (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 ITB 17- 0001 A; 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 A; 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 ITB17-0001A, 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 1 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 maybe 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 2 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 3 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 by the party to whom it is intended. CONTRACTOR: AUE Staffing, Inc. 777 Altamonte Drive Altamonte Springs, FL 32751 Attn: Connie Hall, 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 4 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 to the 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 and 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 to perform 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. 5 (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 A. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ,5 day of yi/ z 2017. City of Clermont l� Gail L. Ash, Mayor �`. Attest: ~. Denise Noak,Acting City Clerk f_•.. .. mss_ 6 AUE Staffing, Inc. By1 P R• VI I Sa (Name Printedtor Typed) Title Attest: AZt; Corporate Secretary (Name Printed or Typed) 7 EXHIBIT A AGREEMENT BETWEEN LAKE COUNTY,FLORIDA AND AUE STAFFING,INC. FOR TEMPORARY LABOR SERVICES ITB#17-0001 fl 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 AUE Staffing, Inc.,a Florida corporation,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. Scone 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 indefinite 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 invoices in the proscribed manner will delay payment, and the CONTRACTOR may be considered in default of contract and this Agreement may be terminated. Page 2 of 23 S:\DOCUMEN7120I7\PROCUREMENT117.0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffmg_LRG I.31.17.docx 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. Page 3 of 23 S:\DOCUMENT1201TPROCUREMENT\17-0001 Temporary Labor Services117-0001 Temporary Labor Agreement with AUE Stafrrng_LRG 1.31.17.docx 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. Page 4 of 23 S:\D000MENT120171PROCUREMENT I7-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffing LRO I.31.17.docx 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 or desirable 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. Page 5 of 23 SADOCUMENT\2017\PROCUREMEN7'\17-0001 Temporary Labor Scrvices\17-0001 Temporary Labor Agreement with AUE SlaTfing_LRG 1.31.17.docx 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,gill 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 financial 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. Page 6 of 23 S:\DOCUMENT\2017\PR000REMENTU7-0001 Temporary Labor Services\I7-0001 Temporary Labor Agreement with AUE Staflmg_LRG 1.31.17.docx 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 Page 7 of 23 S:\D000MENT\2017\PROCUREMENTl7-0001 Temporary Labor Services\I7-0001 Temporary Labor Agreement with AUE Stafring_LRG 1.31.17.docx 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 Page 8 of 23 S:\D000MENT\2017\PROCUREMENT\17-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Stafling_LRG 1.31.17.docx 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(0 of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule,whichever is higher. Page 9 of 23 S:(DOCUMENT\2017\PROCUREMENT\17-0001 Temporary Labor Services\I7-0001 Temporary Labor Agreement with AUE Staf ing_LRO 1.31.17.docx 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: ]. 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(aakecountyfl.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 Page 10 of 23 S:\DOCUMENT20171PR000REMENTI7-0001 Temporary Labor Services\I7-0001 Temporary Labor Agreement with AUE Stating LRG 1.31.17.docx 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- Page 11 of 23 S:\DOCUMENT\20171PROCUREMENT117-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffing_LRG 1.31.17.doex 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: Connie Hall,President County Manager AUE Staffing,Inc. Lake County Administration Bldg. 777 East Altamonte Drive Post Office Box 7800 Altamonte Springs,Florida 32751 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. Page 12 of 23 s:\D000MEN7120I7\PROCUREMENT\17-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffing_LRG 1.31.17.docx Article 9. Scope of Agreement 9.1 This Agreement is intended by the parties hereto to be the final 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) • Page 13 of 23 S:\DOCUMENT\2017\PROCUREMENT\I7-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffing_LRG 1.31.17.docx Agreement between Lake County,Florida and AUE Staffing,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 Connie Hall,Presid9 AUE Staffing,Inc. This T Tia day of la9--)3 14 ,2017. COUNTY ATTEST: LAKE COUNTY,through its BOARD OF COUNTY COMMISSIONERS • Lk Nei elly, etof the Bo Timothy , Sullivan,Chairman Cou Com iss oners o Lake County,Florida This 1 day of (N —i ,2017. Approved as to form and legality: Melanie Marsh County Attorney Page 14 of 23 &DOCUMENT\2017\PROCUREMEN7l17-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffmg_LRG 1.31.17.docx 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, tlorder shae User Department will process a purchase ll be the actual authorization of the ordersition to obtain a purchase order. purchase 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. Page 15 of 23 S:\DOCUMENT\2017\PROCUREMENT\17-0001 Temporary Labor Services\17-0001 Temporary Labor Ageement with AUE Sta15na_LRG I.31.17.doex 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. Page 16 of 23 S:\D000MENT\2017\PROCUREMENTI7-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffing_LRG 1.31.17.docx for 2. A local and out of state criminal background k each proposed person be completed by the Contractor. achbackPoundcheck 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). Page 17 of 23 S:\DOCUMENT12017WROCUREMEN7117-0001 Temporary Labor ServicesU 7-0OOl Temporary Labor Agreement with AUE Staffing LRO 1.31.17.docx ATTACHMENT B ADDENDUM P 11WY 1 .'Aya-,-` LAKE COUNTY' FLORIDA {352)343.9839 OFFICE OF PROCUREMENT SERVICES FAX!PHONE352)343.9879 315 WEST MAIN STREET.SUITE 416 PO BOX 7800 tvww.lakegovennment,cont TAVARES FI.32778.7800 ADDENDUM NO.1 Date: November 23,2016 ITB No.17-0001 ITB Title: Temporary Labor Services It is the vender's responsibility to ensure their receipt of all addenda,and to clearly acknowledge:all addenda within their initial hid or proposal response. AGknowledfement may be conlitmcd 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 does not change the date for retxipl of bids. I. Add the following item number 6,to Section 2.8,Contractor shall provide the following nt no additional charge to the County: 6. transportation Or any temporary labor person,where the Calmly notifies the vendor of reasonable snapiclau,that the person may he impairer!. 2. Will be tills he considered that are only bidding on certain categories? Yes 3. Will this ben multiple award? See Section 1,3 oldie lTD. It is the County's Went is to award 10 multiple vendors,if possible, 4. Who is the current provider? PernpleRcady and.,,fwrianStuffing, 5. Is there a not-to-exceed budget for this project? Na 6. Provide hill rates and pay rates for consultants working under current contract? The rates we pay the vendor to provide staffing ng is listed in our tvmlrarts which may be aecesred by visiting aur website at the link p,vv/rked below. We do Trot have the uun,bcrs that the vendors erre,a ting their people, bnp...the l ie Taker_ ontt jl.Kuthby trphetlisi(isrgl nine/ oihninkstr�tire_serrieesiproc hrement ser L•ice,Ierm„und setp! '1i'',_! Page 18 of 23 S:\DOCUMENT\2017\PR000REMENTU7-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffmg_LRG 1.31.17.doac I. Is there a time extension for rteelpt of the bids? No g, Does the successful vendor need to have an existing office in Lake County? No. but when the contract darts. it is required to maintain an once in Lake County. O. What is the dollar expenditure? This i.c historical data only and In no way obligates the County in any way- No guar-awe is expressed nr implied as to quantities or dollar vuhre that will he aced during the contract period N(J,ne of Firm Fiscal Year h ase l Year ending ending 9/39l2Q13 9/:3(1N2016, .. People heady gamest,known as Labor Ready)__._.:... — $iU,l5h T— b�rhrrion SN;(f ing 87 0010 Ip. Does the County have a pre-determined level of background cheek and what count drug test will be performed? Yes,sr.c Section 2.8 oldie bidding document. The drug test is a minian,nr ref/Loe(S)panels. 11. Will the County set the pay rates for each category? No 12. Do the current temporary employees need to be given preference once a new contract is awarded? Yes 13. Will preference be given to a Lake County vendor? See page 23,the lost paragraph on the page named Rccrprocal Vendor Prefercrrc,ofthe.IT11 and 14. When do we provide the Fidelity Bond? You do not need to supply the Fidelity Bond wills your initial bid response. I(mi=arded you snap be requester)to pr7ovide the fidelity bond. Firm Name: _. � • 1 / Slgtitprc: • .- e: ' � 1'/r ,. . .. _-�__-- Fz(t.1.1 �t�;�hn/a� TName: i _._._-T_ — Adtiouto a prepared by, Swans Muton Senior Contracting Officer l-Ake County 1rrr+cuuVf110ii$Giviccs 5ilmitalakecuunly l uav Page 19 of 23 S:\DOCUMENT2017\PROCUREMENTI7-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Staffing_LRG 1.31.17.docx ATTACHMENT C PRICING SCHEDULE&JOB DESCRIPTIONS PRICING SECTION No. - Description„ Cost per hour 1. Office Associate I Performs routine- sacietnrinl and clerical wort: in support of effective and efficient office operations: f f 7•71 Provides professional and courteous customer service at all times find performs related duties as required. Qualifications: Any equivalent combination of eahicatian,training and experience may be considered. High School Diploma or(lED required with one(I)year of related experience. This may requite a valid Florida driver's license. This position does not include driving a county vehicle 2. Office Associate IV Perforins responsible and complex administrative,�� secretarial and clerical work in support of effective S t q • (o t-t and efficient office operations. Respa sible for monk rating general clerical functions for the department, providing support staff training and leadersiip its assigned. providing administrative assistance to stipamisor or assigned staff,providing professional aind courteous customer service at all times.and perforating related duties as required. Quantizations: Any equivalent combination of • education,training and experience may be considered. A High School Diploma or GEl)is require)and one(I)year of college or vocational school education in office management,secretarial science,clerical strains or closely related field with thn e(7)yeas of related experience. This may requirea valid Florida driver's license. This position does not include driving a county vehicle, 3, Data Entry Operator l'erforns routine to moderately complex data entry and other elerie- l work in support of efficient and S f ' effective department operations. May serve as a receptionist and he responsible for answering phoues,eulering,prooflcading and retrieving comper data,assisting with other clerical tasks as assigned and provide professional customer service • itt all tunes. Qualifications: Any equivalent combination of education,training and experience may he considered, A lligtt School Diploma or GED is Page 20 of 23 S:\D000MEN712017\PROCUREMENTU7-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Stafftng_LRG 1.31.17.docx required and two(2)years of related experience- A I Florida driver's license is required_ this position !1 does not Inclose driving a county vehicle. 4. Financial Analyst Performs financial tutalysis.of trends or sources of revenue,auditing accounts,tracking capital L 11 . PtiuJ ��' g ecaria and maintaining budgets, �ts,preparing proeessiog ace+wets paytihie and receivable, administering grant revenue,assisting with grant coinpliatee( r trackilig and reporting of staff time and efluds;lease agreements and other program activities Ibis position does not Melnik driving a county vehicle. Si General I:abnr Performs semi-skilled and unskilled work in the 9� maintenenuc of Courtly facilities,grounds,roads $1 and equipu>eni. The position is also responsible for other wotk as assigned. Qualificetiiins:-Requires the ability of speaking and or signaling people to convey or exchange :inform:it on. Reads and writes basic English sentences. This position does not include driving a county vehicle. S. Custodian Perlin-nu routine,janitorial related services and provides general office cleaning of buildings S 13 - '77 including but not limited to offices.conference rooms,rtstr00ilts,kitclien;entrances,stairways and side-walks and may be required to complete inspection reports. Qualifications: Requires the ability of speaking and or signaling people to covey or exchange informatian; Read and writes basic English • sentences.This position does not include driving a county vehicle. 6. t Water laboratory Performs assistance to laboratory staff with sample Asstvlant receiving,answering telephones,bottle kit and $1 • 9.a reagent-preparation,clerks!data entry related to samples antf minor analysis and performs other duties as required. `ualilcntions: Speaking,reading and writing English:,Ability to operate a computer,copy machine,telephone,analytical balance,chemical handlingin the preparation of reagents(MSISS sheets avaiiabtej:Phis position does not include driving 3 county vehicle. Page 21 of 23 S:\DOCUMEN712017\PRQCUREMENTi7-0001 Temporary Labor Services\17.0001 Temporary Labor Agreement with AUE Staffing_LRO I.31.17.docx • —_ ---.. .. -- —_.1 7. Certified Traffic Provide traffic'lagging duties including but not lrtagger limited tc directing traffic using flogs and signs, operate various hand tools,lawn and power equipment_ Qualifications: Speaks with or signals to people to . , convey or exchange information_ Requires high school di7lunta,GED or vocation training and a 111 cumin F orida Ccltilicntion in Maintenance of Traffic. This position does not inelutle driving a county vehicle. 8. Landfill Attendant Performs customer service and clerical duties in -- support support of daily County Landfill operntians. $13 ,,99 Greets and assists landfill and or drop off comer customers;observes and directs all incoming and outgoing traffic,accurately assesses and quantities waslc mrterials,checking for prohibited or hazardous materials,and other related duties as required, Qualificrrions: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 Lender Performs maintenance of County buildings, building systems and equipment,parks and grounds as mimed. Responsible for training, supervising stuff os needed performing skilled irude(s), maintaining assigned tools and equipment, preparinf,work records and reports and ensuring ESta professional customer service at all limes. Qualifications: Ability to operate an ns otinnent of machinery and equipment including but not limited to movers,week eaters,chain saws,bobcat gators (golf ears;)and truck within park arca. Ability to work outside. Requires high school diploma or Club,and one year of college or vocational school education in one or more building trades with three years of related experience. Requites a valid Florida driver's license,with an approved seven(7) year Di.history and any Certifications or licenses required for use of equipment. 9. t Equipment Operator Perform operation of machinery and equipment with Class"A","ll"or including but not limited to small loader,small skid $ Ni4 e.1. 'C"CDL License(as steerer,forklift and assist with maintaining a t rlicahle equipment. Page 22 of 23 S:\DOCUMENT\2017\PROCUREMENT07-0001 Temporary Labor Services\17-0001 Temporary Labor Agreement with AUE Statfng_LRG 1.31.17.docx • Qualificalions: Speaks English.Ability to add, subtract.multiply,divide,compute ratios,rates and percentag . Requires a current,valid Florida Comideisiai Driver License(CDL)Class A,B,or C license,with an approved seven(7)year Dl.. history and aiiy,certifications or licenses required for use of equipment. • 1,0 Thick Driver with Class Yerforrii.tlickairiving and general labor services as "A"or"B" but not limited lodebria cleamip, $ License(as aPplienble) illeliyety,cf library inintrials and performs related duties as'clinked. Qualifications: Reads,vnites,and speaks English. Requires current,valid Florida Commercial Driver License(Cl)!)Class Amid or B as applicable,with an apprmed seven(7)year Dl.history.and any cenificadons or.licenses required for use of cquipmeri. . _ . ii. fkliyen!'Servkes Performs transportation of materials,supplies nod . DrIver/Operatoe equipiiient'between County buildings,libraries and $ Sort,pick up and deliver items,maintains • delivery,van,conducts safely inspections schedules routine mainteinthee and performs other related duties'as.rcquired. Qualifications:. Reads,writes,and speaks English. AlhIgh school diploma,GED Or vocational training is reqiiimi and a•eurrent valid Florida driver's license. • Page 23 of 23 S:\DOCUMENT20t7\PROCUREMENT\l7-0001 Temporary.Labor Services%17-0001 Temporary Labor Agreement with ALM Staffing_LRG I.31.17.docx -Aca CERTIFICATE OF.LIABILITY INSURANCE DATE(MM,DD/YYYY) • 04/10/2017 • ._.THIS-CERTIFICATE IS:ISSUED AS A'MATTER OF-INFORMATION ONLY AND CONFERS NO RIGHTS UPON;THE CERTIFICATE HOLDER:THIS CERTIFICATE'DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND'OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW:'THIS CERTIFICATE OF.INSURANCE DOES NOT,CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 'REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE'HOLDER. ' 'IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain'policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ACH'of America,LLC (PHONE ( lc No Ext: (407)788-7112 FAX No)_ (407)788-0180 ' 777 E.Altamonte Dr A DRIES: Altamonte Springs, FL 32701 INSURERS)AFFORDING COVERAGE NAIC 0 Phone. (407)788-7112 Fax (407)788-0180 INSURER A: Zurich American Insurance Company INSURED INSURER B: SUNZ Insurance Company •AUE Staffing, Inc. INSURER C: 777 E Altamonte Drive INSURER D,: INSURER E: Altamonte Springs FL 32701 INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 'INDICATED: NOTWITHSTANDING ANY REQUIREMENT„TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS -CERTIFICATE MAY BE ISSUED,OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, -EXCLUSIONS AND.CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR ADDLSUBR POLICY EFF POLICY EXP TYPE OF INSURANCE. . INSR I WVD POLICY NUMBER (MM/DDIYYYY)I(MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY T EACH OCCURRENCE $ 1,000,000.00 ' ❑ CLAIMS-MADE W OCCURDAMAGE.TO RENTED 100,000:01) PREMISES(Ea occurrence) $ A 0 EPLI MED EXP(Any one person) $ 10,000.00 PRA0093120-01 11/22/2016 11/22/2017 ❑ PERSONAL 8 ADV INJURY $ 1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000.00 ❑ POLICY ❑ PROT . El LOC PRODUCTS-COMP/OP AGG $ 3,000,000.00 JEC ❑ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000.00 (Ea accident) $ ❑ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident] $ A ❑ Auros ❑ AUTos PRA0093120-01 11/22/2016 11/22/2017 NON-OWNED 1 PROPERTY DAMAGE $ d❑ HIRED AUTOS 0 AUTOS (Per accident) ❑ ❑ $ • w UMBRELLA LIABOCCUR I EACH OCCURRENCE $ 4,000,000.00 A ❑ EXCESS LIAB ❑CLAIMS-MADE UMB0369143-00 11/22/2016 11/22/2017 AGGREGATE $ 4,000,000.00 ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATIONPER 0TH- AND EMPLOYERS'LIABILITY. Y/N 0 STATUTE ❑ ER B OFFICER/MEM ER EXCLUDED?ECUTIV N/A WCSTFBNO48701 12/01/2016 12/01/2017• E.L.EACH ACCIDENT $ 1,000,000.00 • (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000.00 if yes,describe under DESCRIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT I $ 1,000,000.00 . A Professional,Liability PRA0093120-01 11/22/2016 11/22/2017 Each Act$1,000,000/Aggregate$3,000,000 DESCRIPTION'OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder named as additional insured with•respect.to'general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clermont THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 685 W.Montrose Street ACCORDANCE WITH THE POLICY PROVISIONS. Clermont, FL 34711 li AUTHORIZED REPR NTA 2 I Carol Siegel ' ©19:8-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01)QF • The ACORD name and logo are registered marks of ACORD