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Backup Documents 04/26/2016 Item #16E 8 (Balance Professional) ORIGINAL CHECKLIST & 149 CUMENTS O ACCOMPAONY ALL ORIGINAL OC MENTSISE C E 5 " E E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN 4i , ;;, E 8 ©LINTY ATTORNEY,PINK ROUTING SLIP. . . Risk MarnigerrteltC Routed by Procurement Services to the Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk gLEL 2. County Attorney Office County Attorney Office Civ `s 3. BCC Office Board of County ..t>F Commissioners VWS 5\4VSo 4. Minutes and Records**Please return Clerk of Court's Office an electronic copy to Diana D Rai 5(4 U 6 3 %pr.\ 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Rhonda Burns Phone Number 252-8375 Procurement Staff April 28,2016 Contact and Date Agenda Date Item was April 26,2016 ✓ Agenda Item Number 16.E.8 ✓ Approved by the BCC Type of Document Contract Number of Original 1** ✓ Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6545 Balance j number if document is Number/Company Professional to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A __ provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. \ 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the t, I,N Chairman's signature. 16E8 MEMORANDUM Date: May 5, 2016 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #16-6545 "Contract Laborers" Contractor: Balance Professionals, Inc. Attached is an original of the document referenced above, (Item #16E8) approved by the Board of County Commissioners on Tuesday, April 26, 2016. The second original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E8 AGREEMENT16-6545 for Contract Laborers Aph THIS AGREEMENT, made and entered into on this -/,5 day of 2016, by and between Balance Professional, Inc., authorized to do business in the State of Florida, whose business address is 800 E. Cypress Creek Rd., Suite #300, Ft. Lauderdale, FL 33334, (the "Primary Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on Date of Board award and terminating on two (2) year(s) from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Primary Contractor shall commence the services upon issuance of a Purchase order from the County. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Primary Contractor shall provide temporary/short term contract laborers for various Divisions within Collier County Government in accordance with the terms and conditions of ITB #16-6545, and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Primary Contractor shall provide the County with a quote for each laborer assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up within three (3) days of the County's request. 0 Page 1 of 12 16E 8 If the Primary Contractor is unable to provide the laborer, the County will contact the Secondary Contractor. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement pursuant to Exhibit A - Time and Material Fee Schedule, and the price methodology as defined in Section 3.1. 3.1 Price Methodology: Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 3.2 Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 3.3 Any County agency may use the services under this Agreement, provided sufficient funds are included in their budget(s). 3.4 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption# 85-8015966531C-2. Page 2 of 12 16E 8 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Balance Professional, Inc. 800 E. Cypress Creek Rd. Suite #300 Ft. Lauderdale, FL 33334 Attn: Robert Feinstein, President Telephone: 954-772-4888 Facsimile: 815-301-2884 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive Page3ofl2 0 16E 8 purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color,creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 4 of 12 ,g 16 E 8 D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party Page 5 of 12 0 16E 8 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Division. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Time and Material Fee Schedule, Exhibit B - Scope of Services and ITB #16-6545. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: Page 6 of 12IRO 16E 8 (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter 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. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor 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 public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Page 7of12 16E 8 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) That the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 8of12 a7 O 16E 8 IN WITNESS WHEREOF, the parties hereto, have each, respectively,by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock,Clerk of Courts let." By: 1 *. By: 414712 . £ Donna Fiala, Chairman Dated: 4 (SEAL) U Attest as to Chairman's signature only. Balance Professional, Inc. Primary Contractor By: Y First Witness Signature MA 44J IlI off e.r kvhera- resfe,., P-eside4 ,Type/print wi ess name, ,Type/print signature and title, • Second Witness ,Type/print witness name, Approved as i. r.ul . .a egality: .1 '1'111 .0 ey r . o ms► Print Page 9of12 16E Exhibit A-Time and Material Fee Schedule 16-6545 "Contract Laborers" Categories Employee Hourly Percentage Mark Pay Rate up 1: Unskilled Laborers $8 -12 per hour 31.5% 2: Semi Skilled Laborers $10-14 per hour 31.5% 3: Skilled Laborers $14- 20 per hour 31.5% 4: Specialty Skilled Personnel $14- 26 per hour 31.5% 1. The Contractor shall provide the County with a quote for each laborer assigned that includes a resume, brief description of assignment, the category selected, the employee hourly rate and the contractor's mark-up. 2. Overtime: The Contractor shall provide overtime payment for any hours worked in excess of forty (40) hours per week by the same employee at the request of the County. Hours worked on weekends will be treated as straight time unless they are in excess of a forty (40) hour work week. All hours worked in excess of a forty (40) hour work week that are considered overtime will be paid at one and a-half (1.5) times the agreed upon employee's hourly rate of pay. 3. Submit invoices on all contract workers, including,but not limited to: • The Division that the worker is assigned and the purchase order number; • The name of the worker and the employee hourly rate; • Signed and approved time sheet/card with number of hours worked by the employee during a date range (i.e. week, month, etc.); • Must receive preapproval from County designee for overtime; • The contractor mark-up, and; • Total cost assessed to the County. 4. Contractor's mark-up for each category shall remain fixed for the duration of the contract. Page l0 of 12 16E8 Exhibit B - Scope of Services 16-6545 "Contract Laborers" Contractor shall provide temporary laborers for various Collier County Divisions with the following minimum requirements: 1. Provide laborers to interview for County positions within three business days from contact with the County's project manager. The County may ask for as many interviewees from the contractor as it takes to satisfy management. 2. Provide laborers according to the following categories and employees hourly pay rates described in Exhibit A: • Category 1: Unskilled Laborers Defined as a segment of the work force associated with a low skill level or a limited economic value for the work performed. Unskilled labor is generally characterized by low education levels and small wages. Work that requires no specific education or experience is often available to workers who fall into the unskilled labor force Anticipated duties may include menial or repetitive tasks, and may include, but not be limited to: landscaping work, digging, shoveling, spading, raking, excavation, furniture and/or equipment moving, pressure washing and other various duties as assigned by the County. • Category 2: Semi Skilled Laborers Defined as a segment of the work force that has, or requires, less training than a skilled laborer and more training than that of the unskilled laborers. Semi- Skilled Laborers are typically used for jobs of a strenuous nature, and/or may require using power tools but not to the degree of a skilled laborer. Additionally, this may include, but not limited to: office positions such as data entry, file scanning, and basic clerical work. • Category 3: Skilled Laborers Defined as a segment of the workforce that has some special skill / expertise, knowledge, acquired ability in their work and who may be able to diagnose and correct a problem. For example: • Manual Skilled Laborers (including, but not limited to: carpenters, electricians, painters, plumbers). • Operations Skilled Laborers (including, but not limited to: building automation technicians, Operations Coordinators, Tram Services, and Administrative Assistants). Page 11 of 12 041 16E8 • Category 4: Specialty Skilled Personnel Defined as a segment of the workforce that has specialized training, education or licensure, and has the ability to independently work in specialized areas, including, but not limited to: County interns, CAD Technicians or Drafters, Project Managers, General Building Surveying, other Management Services, or any other skill or skilled position the County deems appropriate under this category. 3. Supply competent laborers who are capable of performing their employment duties. Laborers shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and shoes. Laborers must conform with CMA 5309, "Appearance and Personal Hygiene". The County may, at their discretion, provide uniforms to the laborers at no cost to the Contractor or laborers. 4. Provide laborers who shall be capable of verbally receiving and understanding instructions in English. 5. Ensure that all contract worker provided to the County have fully executed and complete fingerprint background checks and drug screening prior to starting work at the County, in accordance to County Ordinance 2004-52, as amended. 6. Register with the Division of Homeland's Security E-verify system, and document that each contract worker has been screened through this system. 7. Comply, both the contractor and contract workers, with all applicable regulations of the County, the State and the Federal government; full cooperation is expected and required. Should the minimum employee pay rate fall below the Federal or State minimum wage, the contractor shall notify the County so that compensation is commensurate with all wage practices. 8. Contracted labor, with the County, is at will unless otherwise stated in a written agreement signed by the Board of County Commissioners. This means that either the County or the contracted laborer can terminate the employment at any time and for any reason, with or without notice. 9. Contract Transition Plan: As the County currently has existing temporary labor services under contract with existing laborers, new potential contractors shall be required to accommodate a transfer of those laborers which the County deems necessary at an hourly rate (to the laborer) equal to or above their current hourly rate. This shall NOT affect incoming or new laborers, only existing, transition laborers previously working under contract 12-5846. 10. Buy Out/Purchase: If the contract laborer is offered and accepts a position with the County, there shall be no requirement of the County to "buy out" or purchase any remaining contractual term between the contract laborer and the employing agency. Page 12 of 12 • i 16E8 DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 04/27/2016 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 Janice P.Rembert MCGRIFF,SEIBELS&WILLIAMS OF GEORGIA,INC. NAMEPHONE: 404 497-7500 FAX 5605 Glenridge Drive-Suite 300 (A/C,No,Ext): (A/C,No): Atlanta,GA 30342 E-MAIL ADDRESS:jremg bert2�mc riff.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Everest National Insurance Company 10120 Balance Professional,Inc. 800 E.Cypress Creek Road, INSURER C: Suite#300 Fort Lauderdale,FL 33334 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:ABCQHZHH 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. INSR TYPE OF INSURANCE ADSL SUBR POLICY NUMBER (MM/POLICY (MM/DC Y EXP LINSD WYD D/YYYY) LIMITS LTR A X COMMERCIAL GENERAL LIABILITY PRA 9698705-04 04/01/2016 04/01/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES aEoccurrence) $ 100,000 X Contractual Liab MED EXP(Any one person) $ 10,000 X E&O 1M OCC/2M Agg X X PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY PRA 9698705-04 04/01/2016 04/01/2017 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS AUTX 010-OWNED PROPEPerraccident) TY DAAGE $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 8600000459-161 03/01/2016 03/01/2017 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A X (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Contract#:16-6545 Contract Laborers Collier County,its officers and employees are included as Additional Insured on the General Liability policy but only with respect to that person's or organization's liability arising out of your operations as a Staffing Services or premises owned by or rented to you as required by written contract. A Waiver of Subrogation is in favor of Collier County,its officers and employees on the General Liability and Workers'Compensation policies referenced herein as required by written contract. In the event of cancellation by the General Liability and Workers Compensation insurance company the policies has been endorsed to provide 30 days Notice of Cancellation(except for non-payment)to the certificate holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Government Purchasing Department AUTHORIZED REPRESENTATIVE 3327 Tamiami Trail East Naples,FL 34112 Page 1 of 2 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 16E8 AGENCY CUSTOMER ID: LOC#: ARD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 PRODUCER INSURED MCGRIFF,SEIBELS&WILLIAMS OF GEORGIA,INC. Balance Professional,Inc. POLICY NUMBER CARRIER NMCCODE ISSUE DATE: 04/27/2016 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: COVERAGE: PROFESSIONAL LIABILITY - E&O CARRIER: Zurich American Insurance Company POLICY NUMBER: PRA 9698705-04 POLICY TERMS: 04/01/2016 - 04/01/2017 LIMITS: Aggregate $2,000,000 Each Claim $1,000,000 Deductible Each Wrongful Act $ 5,000 Form Claims Made ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: ABCQHZHH