Agenda 02/28/2012 Item #16E42/28/2012 Item 16.E.4.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 12 -5846, "Contract Laborers," to
Balance Professional, as the primary, and Abacus Corporation, as the secondary, for temporary
labor services in the estimated annual amount of $650,000, to authorize the Chairman to execute
contracts with those vendors effective March 1, 2012, and to terminate the existing contract with
Balance Professional and MDT Personnel, LLC (# 09 -5215) effective February 29, 2012.
OBJECTIVE: To obtain approval to award ITB 12 -5846, "Contract Laborers," to Balance Professional,
as the primary, and Abacus Corporation, as the secondary, to obtain temporary labor services for various
tasks and projects and for the Chairman to execute the attached contracts.
CONSIDERATIONS: Various departments utilize laborers to balance maintenance work requests to
provide the County with the best and most cost - effective services.
On January 10, 2012, the Purchasing Department solicited proposals from temporary labor companies. A
total of ninety -six (96) notices were sent out electronically with forty -eight (48) companies downloading
the solicitation packet. A total of seven (7) qualified bidders responded. A bid tabulation sheet is attached
for review.
Invitation to Bid 12 -5846, "Contract Laborers," includes an overhead pricing system that will provide the
necessary services to County departments. Bidders were asked to bid fixed markup rates that would be
applied to the actual pay rate for each temporary employee they provide.
Staff reviewed the bids and found the two lowest and most responsive bids were from Balance
Professional with a bid markup of 38.5% and Abacus Corporation at a markup percentage of 35.99 %.
However, Balance Professional submitted local vendor preference and agreed to match Abacus' low bid
of 35.99 %. Therefore, staff is recommending designating Balance Professional as the primary vendor and
Abacus Corporation as the secondary vendor for contract labor services. If Balance Professional cannot
provide the services requested, as referenced in the terms of the contract, then it is staff's recommendation
that the County use the secondary vendor, Abacus Corporation.
Vendor Name Markup % Local Vendor
Balance Professional 35.99 Yes (primary)
Abacus Corporation 35.99 No (secondary)
As part of this recommendation, an existing contract with Balance Professional will terminate effective
February 29, 2012, and the new contracts with both vendors will be effective as of March 1, 2012. The
existing contract with Balance Professional provides for a markup rate of 39 %.
FISCAL IMPACT: The expenses among the various departments are estimated to average $650,000
annually. Funds are budgeted in the respective departments cost centers.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT.
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2/28/2012 Item 16.E.4.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of Collier County Commissioners: (1) approves the award of
ITB 12 -5846, "Contract Laborers," to Balance Professional, as the primary, and Abacus Corporation, as
the secondary vendor, (2) authorizes the Chairman to execute the attached contracts with the vendors to
be effective as of March 1, 2012, after review by the County Attorney's Office, and (3) terminates the
existing contract with Balance Professional and MDT Personnel, LLC (# 09 -5215) as of February 29,
2012.
Prepared By: Dennis Linguidi, Facilities Manager, Department of Facilities Management
Attachments: (1) 12 -5846 Bid tab.xls (2) 12 -5846 BalanceProf_Contract.pdf
(3) 12 -5846 Abacus_ Contract.pdf
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4.
2/28/2012 Item 16.E.4.
Item Summary: Recommendation to award Invitation to Bid (ITB) 12 -5846, "Contract
Laborers," to Balance Professional, as the primary, and Abacus Corporation, as the secondary,
for temporary labor services in the estimated annual amount of $650,000, to authorize the
Chairman to execute contracts with those vendors effective March 1, 2012, and to terminate
the existing contract with Balance Professional and MDT Personnel, LLC (# 09 -5215) effective
February 29, 2012.
Meeting Date: 2/28/2012
Prepared By
Name: LinguidiDennis
Title: Manager - Facilities,Facilities Management
2/9/2012 2:51:59 PM
Submitted by
Title: Manager - Facilities,Facilities Management
Name: LinguidiDennis
2/9/2012 2:52:00 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 2/13/2012 9:38:51 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 2/13/2012 10:09:00 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 2/13/2012 10:17:20 AM
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Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 2/15/2012 11:57:18 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 2/15/2012 1:30:25 PM
Name: CurranJohn
Title: Purchasing Agent,Purchasing & General Services
Date: 2/16/2012 10:28:39 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 2/16/2012 12:58:32 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/16/2012 1:47:31 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 3:45:54 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/21/2012 11:49:47 AM
Name: OchsLeo
Title: County Manager
Date: 2/21/2012 4:21:53 PM
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2/28/2012 Item 16.E.4.
2/28/2012 Item 16.E.4.
A G R E E M E N T 12-5846
for
Contract Laborers
THIS AGREEMENT, made and entered into on thus day of 2012, by and
between Balance Professional, Inc., authorized to do business in the State of Florida, whose
business address is 800 East Cypress Creek Road, Suite 300, Ft. Lauderdale, FL, 33334,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
I. COMMENCEMENT. This Agreement shall be for an initial two (2) year period,
commencing on March 1, 2012, and terminating on February 28, 2014.
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 extend the Agreement tei-in not less than ten (10) days prior
to the end of the Agreement term then. in effect.
2. STATEMENT OF WORK. The Contractor shall provide Contract Labor Services as the
Primary Contractor in accordance with the terms and conditions of Bid #12 -5846 and
the Contractor's proposal referred to herein and made an integral part of this
agreement. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County Contract Manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement in accordance with Exhibit A, "Fee Schedule ", attached herein and
incorporated by reference, together with the cost of any other charges /fees submitted in
the proposal..
Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s). Payment will be made upon receipt of a
proper invoice, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act".
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2/28/2012 Item 16.E.4.
3.1 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 contract. 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.
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 East Cypress Creek Road, 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
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing / GS Director
Telephone: 239 -252 -8371
Facsimile: 239 -252 -6584
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 theprosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
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2/28/2012 Item 16.E.4.
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 govenung 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
purpose, or for any purpose in violation of any federa.I, 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 contract 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.
1.0. 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 $500,000 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 of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and
Requirements.
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2/28/2012 Item 16.E.4.
The coverage must include Employers' Liability with a single limit of $11,000,000 per
occurrence.
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. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Contractor shall ensure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent pennitted 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, 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.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Department.
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 CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A, "Fee Schedule ", Contractor's Proposal, Insurance Certificate, Bid
#12 -3846 Specifications/ Scope of Services and Addendum # 1.
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2/28/2012 Item 16.E.4.
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.
1.7. 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 1.12, Part-
III, Florida. Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 531.1. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and. /or anv
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 contract held by the individual and /or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.S.C. 1.324, et seq. and regulations relating thereto, as either
may be amended. 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 contract 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 ITEMYSERV10ES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Policy.
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
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
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2/28/2012 Item 16.E.4.
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.
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.
23. STAFFING: The Consultant's personnel and management to be utilized for this contract
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 contract.
24. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Bid and /or the Contractor's Proposal,
the Contract Documents shall take precedence. In the event of any conflict between the
terms of the Bid and the Contractor's Proposal, the language in the Bid would take
precedence.
25. 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 County all of the
obligations and responsibilities that Contractor has assumed toward County.
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2/28/2012 Item 16.E.4.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType/ print witness narneT
Second Witness
TType /print witness names'
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv-
Fred W. Coyle, Chairman
Balance Professional, Inc.
Contractor
By:
Signature
Typed signature and title
�tZt
Deputy County Attorney
Print Name
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2/28/2012 Item 16.E.4.
Exhibit A
Fee Schedule
12 -5846 "Contract Laborers"
Contractor shall provide laborers according to the following categories and employee hourly
pay rates described below: J
Category 1: Unskilled Laborers (Employee Hourly Pay Rate: $8 - 12 per hour)
Category 2: Semi Skilled Laborers (Employee Hourly Pay Rate: $10 -14 per hour)
Category 3: Skilled Laborers (Employee Hourly Pay Rate: $1.4 - 20 per hour)
Category 4: Specialty Skilled. Personnel (Employee Hourly Pay Rate: $14 - 26 per hour)
The Contractor will 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 of 0.3599 (35.99 io of respective wage). "Resume" shall be
defined as follows: A. short, descriptive surrunary of laborer's skill, expertise and/ or
knowledge which demonstrates the capacity to perform the work.
Overtime:
The Contractor will 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-
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2/28/2012 Item 16.E.4.
AGREEMENT12 -5846
for
Contract Laborers
THIS AGREEMENT, made and entered into on this day of 2012, by and
between Abacus Corporation, authorized to do business in the State of Florida, whose
business address is 610 Gusrti =a.n St., Baltimore, MD, 21224, hereinafter called the "Contractor"
and Collier County, a political subdivision of the State of Florida, Collier County, Naples,
hereinafter called the "County ":
WITNESSETH:
I. COMMENCEMENT. This Agreement shall be for an initial two (2) year period,
commencing on March 1, 2012, and terminating on February 28, 2014.
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 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 Contractor shall provide Contract Labor Services as the
Secondary Contractor in accordance with the terms and conditions of Bid #12 -5846 and
the Contractor's proposal referred to herein and made an integral part of this
agreement. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County Contract Manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement in accordance with Exhibit A, "Fee Schedule ", attached herein and
incorporated by reference, together with the cost of any other charges /fees submitted in
the proposal.
Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s). Payment will be made upon receipt of a
proper invoice, and in compliance with Chapter 218, Fla.. Stats., otherwise known as the
"Local Government Prompt Payment Act ".
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2/28/2012 Item 16.E.4.
3.1 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 contract. 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.
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:
Abacus Corporation
610 Gusryan St,
Baltimore, MD, 21224
Attn: Michael P. Brady
Telephone: 800 - 230 -0043
Facsimile: 410 - 633 -1976
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the Count=
J to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing /GS Director
Telephone: 239- 252 -8371
Facsimile: 239 -252 -6584
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. Payment
for all such permits issued by the County shall be processed internally by the County.
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2/28/2012 Item 16.E.4.
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
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 contract 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.
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 $500,000 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 of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and
Requirements.
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2/28/2012 Item 16.E.4.
The coverage must include Emplovers' Liabilitv with a single limit of $1,000,000 per
occurrence.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
PolicN'.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained bv- Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the Countv ten (10) days prior to any expiration date. 'there shall be a
thirty (30) day notification to the County in the event of cancellation or ,modification of
any stipulated insurance coverage.
Contractor shall ensure that all subC.ontractors comply Avith the same insurance
requirements that he is required to meet. The same Contractor shall provide County
wvitli certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida lax'v, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from ajw and alI liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused bN- the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or any_ one
emploved or utilized by the Contractor in the performance of this Agreement. This
iridemnification obligation shall not be construed to negate, abridge or reduce ariv other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
17his section does not pertain to any incident arising from the sole negligence of Collier
County.
1.3. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Department.
14. CONFLICT OF INTEREST: Contractor represents that it presen0v 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 he eznploved to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of '"Thich are as fuller a part of the contract as if herein set out
verbatim: Exhibit 1A, "Fee Schedule ", Contractor's Proposal, Insurance Certificate, Bid
#12 -5846 Specifications; Scope of Services and Addendum # 1.
Pa e4of8
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2/28/2012 Item 16.E.4.
16. SUBJECT TO APPROPRIATION It is further understood and agreed bN7 and between
the parties herein that this agreement is subject to appropriation by the Board of Countv
Comrnission.ers.
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 Count\, employee, as set forth in Chapter 112, Part
I11, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the i.ndividuaI, 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 witl-i the County for a
specified period of time, including but not limited] to: submitting bids, RFI', arid/ or
quotes; and, c. inimediate termination 'of any contract held by the individual and /or
firm for cause.
1 &. IMMIGRATION LAVJ COMPLIANCE By executing and entering into this agreement,
the Contractor is fora ally, acknowled,),ijig without exception or stipulation that it is full;
responsible for complvim) with the provisions of the hnmigration Reform and Control
Act of 1986 as located at 8 LI.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure b%, the Contractor to compli,17 with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
urnilaterally termiriate this agreement iminediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Caliier Cc >unty
encourages and agrees to the successful proposer extending; the pricing, terms and
conditions of this solicitation or resultant contract to other goverrnmental 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 ite rs and / of services nnaNT be added to
this contract in compliance with the Purchasing Poiic�,.
??. DISPUTE RESOLUTION. Prior to the initiation of any actim), or proceeding permitted
L)v this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve an�T such disputes by negotiation. The Iegotiation shall be
attended by representatives of Contractor with full decision - making authority, anal b�,°
Countv's staff person who would make the presentation of any settlement reached
during negotiations to Count- for approval. Failing resolution, and prior to the
commencement of devositiorns in a iv 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 btu the State of Florida. The mediation
shall be attended -1)\17 representatives of Contractor tivith full decision- making auffio rit,,
Pavc off".
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2/28/2012 Item 16.E.4.
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's hoard for approval. Should either party fail to submit Awl ,
to mediation as required hereunder, the other party n-iav obtain a court order requiring
mediation under section 44.102, Fla. Stat_
Anv 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.
23_ STAFFING: The Consultant's personnel and management to be utilized for this contract
shall be knowledgeable in their areas of expertise. The Count- reserves the eight to
perform investigations as may be deemed necessary to ensure t`tlat competent persons
will be utilized in the performance of the contract.
24. ORDER OF PRECEDENCE: In the event of anv conflict between or amono the terms o,f
anv of the Contract Documents, the terms of the Bid and/or the Contractor's Proposal,
the Contract Documents shall take precedence. In the event of any conflict between the
terms of the Bid and the Contractor's Proposal, the language in the Bid would take
precedence.
25. 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 ari part herein, without the Coitiitv's consent, shall be vold. Ii
Contractor does, N ith approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume to,,Nlrard County all of the
obligations and responsibilities that Contractor has assumed toward County.
x1 *1 *�
11O.yeo of' f;
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2/28/2012 Item 16.E.4.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year firs',
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
1 Type/ witness name I
— I I
Second Witness
Type / print witness nameT
Approved as to form and
legal sufficiency-:
i "54-7
Deputy County Attorney
-.13rint Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Bv:
Pacyc 7 of 8
Abacus Corporation
Contractor
Signature
Typed signature and title
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2/28/2012 Item 16.E.4.
Exhibit A
Fee Schedule
12 -5846 "Contract Laborers"
Contractor shall provide laborers according to the following categories and employee hourly
pa,, rates described below:
Category 1: Unskilled Laborers (Employee Hourly Pav Rate: S8 - 12 per hour)
Category 2: Semi Skilled Laborers ( Employee Hourly Pav Rate: $10 - 14 per hour)
Category 3: Skilled Laborers (Em.ployee HourN Pay Pate: $14 - 20 per hour)
Category 4: Specialty Skilled Personnel (Employee Hourly Pay Pate: S14 - 26 per hour)
The Contractor will provide the County with a quote for each laborer assigned that includes
a resume, brief description of assignment, the catcgory selected, the einplovtt hoLlrly rate
and the Contractor's rnark -up of 0.3599 (35.99 of respective swage). "Pesume" shall be
defined as follows: A short, descripti�7e summary of laborer's shill, expertise and or
knowledge which demonstrates the capacity to perform the work.
Overtime:
Z "he Contractor will provide overtime payrnent for any hours worked in excess of forty (40)
hours per .. t l; the same enlplovee at the request of the County. Hours woriced on
iveeken;ds vvill be treated as straight time unless they are in excess of a forty (40) liour kvorl
week. All hours worked in excess of a forty (40) hour wort: vveek that are considered
overtime swill be paid at one and a -half (1.5) times the agreed upon emploYee's hourly rate of
pa,,7.
Page 8 of 8
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2/28/2012 Item 16.E.4.
12 -5846 Contract Labor
Vendor Company
lQuantity
jUnit Price
junit of Measure
Subtotal
INotes
Abacus Corporation
1
0.3599 ea
0.3599 mark up is 35.99% of rf
Balance Professional
1
0.385 ea
0.3599 Local Vendor match
Tampa Service Company
1
ea
Non - compliant
Labor Ready
1
0.73 ea
0.73
MDT
1
0.40 ea
0.40
COCHHBHA Enterprise
Non - compliant
ADTS
Non - compliant
Opened: 1/31/2012 by
Jack Curran, Procurement Strategist
Witness: Brenda Reaves, Purchasing Techn
Balance Professional has
submitted Local Vendor
Preference and agrees to
match the lowest price bid
by non local vendor.
signed:
Balance Professional
Packet Page -1799-
Sent: 96
Downloaded: 48
Bid:7
spective wage
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2/28/2012 Item 16.E.4.