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HomeMy WebLinkAboutDoc 507 - Temporary Staffing Svcs - Express EmploymentDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of October 3, 2011 Please see directions/or completing this document on the next page. DATE: September 28, 2011 FROM: Erik Kropp Administrative Services 388-6584 TITLE OF AGENDA ITEM: Consideration and Board chair signature of Personnel Services Contract Numbers 2011-507 and 2011­ 508 for Temporary Staffing Services. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: A recent audit on temporary staffing services recommended that the County consider coordinating a County-wide invitation to bid to minimize the cost to the County for temporary staffing services. Based on this audit recommendation, an Invitation to Bid (ITB) was publicly advertised requesting competitive bids to supply County departments with temporary employment services. Bids were based solely on the proposed markup (defined as the percentage of the position's hourly pay rate charged by the temporary staffing agency). The hourly rate paid to the temporary employee will be determined by the department requesting the service at the time of the request. In calendar year 2010, the County spent a total of $608,000 on temporary staffing agencies. The use of temporary staffing agencies varies significantly by department and much of the work is seasonal occurring during the summer months. The departments with the highest use (based on billings from October 2009 -September 20 10) of temporary staffing agencies are as follows: Road Department (60%), Solid Waste (23%), and the Fair and Expo Center (12%). The types of temporary jobs required during this billing period were: road crew (56%), attendant (11 %), miscellaneous (8%), industrial (6%), pilot car drivers (5%), night custodian (4%), administrative assistant (4%), driver (3%), andjanitorial (3%). We received six proposals in response to the ITB from the following agencies: Express Employment Professionals, Employment Source, Flex Force Staffing, Labor Ready Northwest, Mid Oregon Personnel, and Certified Personnel Service Agency. Agencies bid on the following temporary jobs: Road Crew, Custodian, Building Maintenance Worker/Groundskeeper, General Laborer, Landfill Site Attendant, Public Works Equipment Operator, RV Park Attendant, Data Entry Specialist, Secretary, Customer Service Clerk, and Accounting Technician. Proposers had an opportunity to make a different bid on each position. The ITB was designed to determine the lowest bidder for each separate position. Based on the bids, Express Employment Professionals had the lowest bid for Road Crew, Data Entry Specialist, Secretary, Customer Service Clerk, and Accounting Technician; Certified Personnel Service Agency had the lowest bid for Custodian, Building Maintenance Worker/Groundskeeper, General ! Laborer, Landfill Site Attendant, Public Works Equipment Operator, and RV Park Attendant. ~ I An Intent to Award letter was issued and the County did not receive any protests. The proposed contracts are two year contracts with optional extensions up to 3 years. FISCAL IMPLICATIONS: Staffing services are budgeted in department budgets. Approval ofthe temporary staffing contracts is anticipated to result in a savings to the County. RECOMMENDATION & ACTION REQUESTED: Approve and authorize the chair to sign contract 2011-507 with Express Employment Professionals and contract 2011-508 with Certified Personnel Service Agency. ATTENDANCE: Erik Kropp, Deputy County Administrator DISTRIBUTION OF DOCUMENTS: original: Erik Kropp I I I J I ~ I ,I ! ! J r DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements. regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda. the Agenda Request Form is also required. If this form is not included with the document. the document will be retumed to the Department. Please submit documents to the Board Secretary for tracking purposes. and not directly to Legal Counsel. the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 18/15/111 Department: ~dmin. Serviceij Contractor/Supplier/Consultant Name: IExpress Employment Professionals, 541-389j 11505 I Contractor Contact: IStephanie Millerl Contractor Phone #: ~bov~ Type of Document: Personal Services Contract Goods and/or Services: Temporary Staffing Services. Background & History: An Invitation to Bid (ITB) was publicly advertised requesting competitive bids to supply County departments with temporary employment services. Bids were based solely on the proposed markup (defined as the percentage of the position's hourly pay rate charged by the temporary staffing agency). The hourly rate paid to the temporary employee will be determined by the department requesting the service at the time of the request. We received six proposals in response to the ITB from the following agencies: Express Employment Professionals, Employment Source, Labor Ready Northwest, Flex Force Staffing, Mid Oregon Personnel, and Certified Personnel Service Agency. Agencies bid on the following temporary jobs: Road Crew, Custodian, Building Maintenance Worker/Groundskeeper, General Laborer, Landfi" Site Attendant, Public Works Equipment Operator, RV Park Attendant, Data Entry Specialist, Secretary, Customer Service Clerk, and Accounting Technician. Proposers had an opportunity to make a different bid on each position. The ITB was designed to determine the lowest bidder for each separate position. Based on the bids, Express Employment Professionals had the lowest bid for Road Crew, Data Entry Specialist, Secretary, Customer Service Clerk, and Accounting Technician and had the second the lowest bid for Custodian, Building Maintenance Worker/Groundskeeper, General Laborer, Landfill Site Attendant, Public Works Equipment Operator, and RV Park Attendant. The BOCC issued an Intent to Award Letter and there were no protests of the bid award. EndingAgreement Starting Date: On or about Au ust 31,2011 Date: ~ugust 31, 2013 with optional extensions of up to 3 8116/20] ] .. Annual Value or Total Payment: Up to $800,000 annually. D Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: ~ RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? ~ Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? D Yes ~ No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: I '---------' Departmental Contact and Title: Erik Kropp, Deputy County Administrator, 388-6584 ~/,Department Director Approval: _----""'~#t ~--____-'-__=~'--Ifl.A~ Signature ~ Date Distribution of Document: Erik Kropp, Admin. Services Official Review: County Signature Required (check one): X BaCC D Department Director (if <$25K) D Administrator (if >$25K but !f 15~,K; if >$150K, BaCC a~der No. ____-----' Legal Review ~k f!tu;f) Date t -/ 8 ' ( I Document Nurnb Elll C.. 1 5 0 ,-d u./ h Aflu ~~4 H~;7 II({ , ) Vl£... ~;" (704C; I<fI1-1 ryfJi) h ord h {~I ~I (ireU-.. 8116/2011 lVII' .J'f.J hf,( ~t "St..-rdtd-! ~J (z..~ ',u!d ~.. . /J ~fW1 pj ?f ~' '''-f1 C(J't "'~ c7 <; ~! I II {r4-r.l24'. -t1~\ Qwj) LEGAL COUNSEL For Recording Stamp Only DESCHUTES COUNTY SERVICES CONTRACT CONTRACT NO. 2011-507 This Contract is between DESCHUTES COUNTY, a political subdivision, · acting by and through the Administrative Services Department (County) and Express Employment Professionals (Contractor). The parties agree as follows : Effective Date and Termination Date. The effective date of this Contract shall be August 31, 2011 or the date, on which each party has signed this Contract, whichever is later. Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when County accepts Contractor's completed performance or on August 31,2013, whichever date occurs last. Contract termination shall not extinguish or prejudice County's right to enforce this Contract with respect to any default by Contractor that has not been cured . Statement of Work. Contractor shall perform the work described in Exhibit 1. Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1. Contract Documents. This Contract includes Page 1-9 and Exhibits 1,2, 3,4, 5 and 6. CONTRACTOR DATA AND SIGNATURE Contractor Address: Federal Tax ID# or Social Security #: C"3· ~Wli7 Is Contractor a nonresident alien? DYes No ~~ess Designation (check one): D Sole Proprietorship D Partnership 5rCorporation-for profit D Corporation-non-profit D Other, describe A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service under the name and Federal tax ID number or, if none, the Social Security number provided above . I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its terms. OTE : Contr ct r hall also sign Exhibits 3 and 4 and, if applicable, Exhibit 6 . C·D.D. TitlY\~\6, :J.-o lJ Date I DESCHUTES COUNTY SIGNATURE Contracts with a maximum consideration of not greater than $25,000 are not valid and not binding on the County until signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration greater than $25,000 but less than $150,000 are not valid and not binding on the County until signed by the County Administrator or the Board of Coun Commissioners. Dated this ___ of ________, 20_Dated this ___ of ----;J~----' 20 DESCHUTES COUNTY TAMMY BANEY, County Commissioner ANTHONY DeBONE , County Commissioner ALAN UNGER, County Commissioner Page 1 of 20 -Personal Services Contract No. 2011-507 DC - 2 0 11 -5 0 7 STANDARD TERMS AND CONDITIONS 1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract. 2. Compensation. Payment for all work performed under this Contract shall be made in the amounts and manner set forth in Exhibit 1, a, Payments shall be made to Contractor following County's review and approval of billings and deliverables submitted by Contractor. b. All Contractor billings are subject to the maximum compensation amount of this contract. c, Contractor shall not submit billings for, and County shall not pay, any amount in excess of the maximum compensation amount of this Contract, including any reimbursable expenses, (See Exhibit 5). 1) If the maximum compensation amount is increased by amendment to this Contract, the amendment shall be signed by both parties and fully executed before Contractor performs work subject to the amendment. 2) No payment shall be made for any services performed before the beginning date or after the expiration date of this contract. d. This Contract shall not be amended after the expiration date. e. Unless otherwise specifically provided in Exhibit 5, Contractor shall submit monthly invoices for work performed. The invoices shall describe all work performed with particularity and by whom it was performed and shall itemize and explain all expenses for which reimbursement is claimed. f. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice. g. Prior to approval or payment of any billing, County may require and Contractor shall provide any information which County deems necessary to verify work has been properly performed in accordance with the Contract. 3. Delegation, Subcontracts and ASSignment. Contractor shall not delegate or subcontract any of the work required by this Contract or assign or transfer any of its interest in this Contract, without the prior written consent of County. a, Any delegation, subcontract, assignment, or transfer without prior written consent of County shall constitute a material breach of this contract. b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County may deem necessary. c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of the County to increase rates of payment or maximum Contract consideration. d, Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services which are incidental to the provision of services under this Contract that are necessary for the performance of the work. e, Any subcontracts that the County may authorize shall contain all requirements of this contract, and unless otherwise specified by the County the Contractor shall be responsible for the performance of the subcontractor. 4. No Third Party Beneficiaries. a. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. b, Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as intended beneficiaries of this Contract. 5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any. 6. Early Termination. This Contract may be terminated as follows: a, Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time, Page 2 of 20 -Personal Services Contract No. 2011-507 b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days written notice to the other party. c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, under any of the following conditions: 1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services as required in this Contract. 2) This Contract may be modified to accommodate the change in available funds. 3) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract. 4) In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under this Contract, and if County has no funds legally available for consideration from other sources. 5) If any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a way that the Contractor no longer meets requirements for such license or certificate. d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the whole or any part of this Contract under any of the following conditions: 1) If the Contractor fails to provide services called for by this Contract within the time specified or any extension thereof. 2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work so as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or such other period as the County may authorize. 3) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an aSSignment for the benefit of creditors, or ceases doing business on a regular basis. e. County Default or Breach. 1) Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior to such termination, the Contractor shall give to the County written notice of the breach and intent to terminate. 2) If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then the Contractor may terminate this Contract at any time thereafter by giving notice of termination. 7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as follows: a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. Provided however, County shall not pay Contractor for any obligations or liabilities incurred by Contractor after Contractor receives written notice of termination. b. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be limited to payment for services provided in accordance with this Contract prior to the date of termination, Jess any damages suffered by the County. c. If terminated under subparagraph 6 e of this Contract by the Contractor due to a breach by the County, then the County shall pay the Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract: 1) with respect to services compensable on an hourly basis, for unpaid invoices, hours worked within any limits set forth in this Contract but not yet billed, authorized expenses incurred if payable according to this Contract and interest within the limits set forth under ORS 293.462, and 2) with respect to deliverable-based Work, the sum designated for completing the deliverable multiplied by the percentage of Work completed and accepted by County, less previous amounts paid and any claim(s) that County has against Contractor. Page 3 of 20 -Personal Services Contract No. 2011-507 3) Subject to the limitations under paragraph 8 of this Contract. 8. Remedies. In the event of breach of this Contract the parties shall have the following remedies: a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any obligations or liabilities of either party already reasonably incurred prior to such termination. 1) Contractor may not incur obligations or liabilities after Contractor receives written notice of termination. 2) Additionally, neither party shall be liable for any indirect, incidental, consequential or special damages under this Contract or for any damages of any sort arising solely from the termination of this Contract in accordance with its terms. b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor, County may pursue any remedies available at law or in equity. 1) Such remedies may include, but are not limited to, termination of this contract, return of all or a portion of this Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the receipt of future contract awards. 2) Additionally, County may complete the work either by itself, by agreement with another Contractor, or by a combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall be liable to the County for the amount of the reasonable excess. c. If amounts previously paid to Contractor exceed the amount due to Contractor under this Contract, Contractor shall repay any excess to County upon demand. d. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor, respectively; however, Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract. For any delay in performance as a result of the events described in this subparagraph, Contractor shall be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract. e. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to enforce this Contract with respect to any default or defect in performance that has not been cured. f. County's remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 9. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of termination. a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works-in-progress and other property that are or would be deliverables had this Contract been completed. b. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects or other tangible things needed to complete the work. 10. Work Standard. a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences and procedures of performing the work, subject to the plans and specifications under this Contract and shall be solely responsible for the errors and omissions of its employees, subcontractors and agents. b. For goods and services to be provided under this contract, Contractor agrees to: 1) perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans and specifications approved by County; 2) comply with all applicable legal requirements; 3) comply with all programs, directives, and instructions of County relating to safety, storage of eqUipment or materials; 4) take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities, including employees of Contractor, County and any other contractors or subcontractors and to protect the work and all other property against damage. Page 4 of 20 -Personal Services Contract No. 2011-507 11. Drugs and Alcohol. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol and the unlawful selling, possession or use of controlled substances while performing work under this Contract. 12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated by reference herein. 13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for expenses, in addition to Exhibit 5, Exhibit 1 shall state that Contractor is or is not entitled to reimbursement for such expenses. a. County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of this contract. b. Expenses reimbursed shall be at the actual cost incurred; including any taxes paid, and shall not include any mark-up unless the mark-up on expenses is speCifically agreed to in this Contract. c. The cost of any subcontracted work approved in this Contract shall not be marked up. d. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of expenses or for payment under this contract. e. The limitations applicable to reimbursable expenses are set forth in Exhibit "5," attached hereto and by reference incorporated herein. 14. Criminal Background Investigations. Contractor understands that Contractor and Contractor's employees and agents are subject to periodic criminal background investigations by County and, if such investigations disclose criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract and County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County. 15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows: a. Contractor shall not use, release or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County's or the Contractor's responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person. b. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and Contractor records understand and comply with this confidentiality provision. c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible individuals as privileged communication, shall hold such information confidential, and shall not disclose such information without the written consent of the individual, his or her attorney, the responsible parent of a minor child, or the child's guardian, except as required by other terms of this Contract. d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not identify particular individuals. e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HI PM"). f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and security of records and for conducting transactions pursuant to HIPM requirements. g. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance with HIPM. h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Agreement with County, which, if attached hereto, shall become a part of this Contract. 16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at any time, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the Contract. Such assurances provided by Contractor shall be supported by documentation in Contractor's possession from third parties. Page 5 of 20 -Personal Services Contract No. 2011-507 17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract. a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. 1) All records shall be retained and kept accessible for at least three years following the final payment made under this Contract or all pending matters are closed, whichever is later. 2) If an audit, litigation or other action involving this Contract is started before the end of the three year period, the records shall be retained until all issues arising out of the action are resolved or until the end of the three year period, whichever is later. b. County and its authorized representatives shall have the right to direct access to all of Contractor's books, documents, papers and records related to this Contract for the purpose of conducting audits and examinations and making copies, excerpts and transcripts. 1) These records also include licensed software and any records in electronic form, including but not limited to computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for Contractor's cost of preparing copies. 2) At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises to access and inspect the books, documents, papers, computer software, electronic files and any other records of the Contractor which are directly pertinent to this Contract. 3) If Contractors dwelling is Contractor's place of business, Contractor may, at Contractor's expense, make the above records available at a location acceptable to the County. 18. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive property of County. a. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be deemed author. b. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. c. Contractor shall execute such further documents and instruments as County may reasonably request in order to fully vest such rights in County. d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. e. County shall have no rights in any pre-existing work product of Contractor provided to County by Contractor in the performance of this Contract except an irrevocable, non-exclusive, perpetual, royalty-free license to copy, use and re-use any such work product for County use only. f. If this Contract is terminated prior to completion, and County is not in default, County, in addition to any other rights provided by this Contract, may require Contractor to transfer and deliver all partially completed work products, reports or documentation that Contractor has specifically developed or specifically acquired for the performance of this Contract. g. In the event that Work Product is deemed Contractor's Intellectual Property and not "work made for hire," Contractor hereby grants to County an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to authorize others to do the same on County's behalf. h. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the County's behalf and in the name of the County, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to authorize others to do the same on County's behalf. 19. County Code Provisions. Except as otherwise specifically provided, the provisions of Deschutes County Code, Section 2.37.150 are incorporated herein by reference. Such code section may be Page 6 of 20 -Personal Services Contract No. 2011-507 found at the following URL address: http://web.deschutes.org/dccodelTitle2IhtmUChapter2.37.htm. 20. Partnership. County is not, by virtue of this contract, a partner or jOint venturer with Contractor in connection with activities carried out under this contract, and shall have no obligation with respect to Contractor's debts or any other liabilities of each and every nature. 21. Indemnity and Hold Harmless. a. To the fullest extent authorized by law Contractor shall defend, save, hold harmless and indemnify the County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without limitation any claims that the work, the work product or any other tangible or intangible items delivered to County by Contractor that may be the subject of protection under any state or federal intellectual property law or doctrine, or the County's use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work utility design or other proprietary right of any third party. b. Contractor shall have control of the defense and settlement of any claim that is subject to subparagraph a of this paragraph; however neither contractor nor any attorney engaged by Contractor shall defend the claim in the name of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner determined appropriate by the County's legal counsel, authority to act as legal counsel for the County, nor shall Contractor settle any claim on behalf of the Count without the approval of the County's legal counsel. c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Contract. 22. Waiver. a. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise or any right. power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. b. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. 23. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. a. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. b. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods shall not apply. 24. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or provision held invalid. 25. Counterparts. This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not Page 7 of 20 -Personal Services Contract No. 2011-507 signatories to the same counterpart. Each copy of this Contract so executed shall constitute on original. 26. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective against County, such facsimile transmission shall be confirmed by telephone notice to the County Administrator. c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Contract shall be mailed by first class postage or delivered as follows: To Contractor: To County: Stephanie Miller David KQRl'ler £fl 'J<. kt"(lff Chief Operating Officer County Administrator Express Employment Professionals 1300 NW Wall Street 400 SW Bluff Drive Suite 200 Bend, Oregon 97702 Bend, Oregon 97701 Fax No. Fax No. 541-385-3202 27. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties. a. All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract. b. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties. c. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 28. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 et seq.). 29. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 4, 5, 8, 9, 15, 17. 18, 20-27. 28 and 30. 30. Representations and Warranties. a. Contractor's Representations and Warranties. Contractor represents and warrants to County that: 1) Contractor has the power and authority to enter into and perform this Contract; 2) this Contract. when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; 3) Contractor has the skill and knowledge possessed by well-informed members of its industry. trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Contractor's industry. trade or profession; 4) Contractor shall, at all times during the term of this Contract, be qualified. professionally competent, and duly licensed to perform the Work; 5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion. fraud. or other dishonesty; and 6) Contractors making and performance of this Contract do not and will not violate any provision of any applicable law. rule or regulation or order of any court. regulatory commission, board or other administrative agency. b. Warranties Cumulative. The warranties set forth in this paragraph are in addition to, and not in lieu of, any other warranties provided Page 8 of 20 -Personal Services Contract No. 2011-507 EXHIBIT 1 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2011-507 STATEMENT OF WORK, COMPENSATION PA YMENT TERMS and SCHEDULE 1. Contractor shall perform the following work: a, Provide temporary staff to the County that meet the requirements of the position and the following: must be at least 18 years of age; must pass the County's background check policy, Administrative Policy HR-3 (attached), this will be completed by the County; if in a driving position (determined by the department requesting the temporary staff), must pass the County driving requirements as prescribed by the County's driving policy, Administrative Policy RM-1 (attached); if required for the position, must pass Deschutes County drug screening, this will be performed by the County, b. Provide temporary staff as the primary contractor for the following positions and with the following requirements: (1) Road Crew (flaggers, pilot car drivers, sign crew assistant, etc.), Requirements of the position: eligible to drive on County business, pass Deschutes County background check, flagger certified preferred, and possession of the appropriate and valid Oregon State drivers license, Effective date: November 2011. The County has an existing contract for road crew temporary staffing that expires November 2011, (2) Data Control Specialist (Data Entry). Requirements of the position: pass Deschutes County background check, may be required to be eligible to drive on County business, high school degree of GED equivalent required, one year experience operating data entry equipment required, (3) Secretary. Requirements of the position: pass Deschutes County background check; may be required to be eligible to drive on County business; high school degree or GED equivalent and two years of secretarial/clerical experience required, (4) Customer Service Clerk/receptionist. Requirements of the position: pass Deschutes County background check; may be required to be eligible to drive on County business; high school degree or GED equivalent and one year secretarial/clerical or customer service experience required, (5) Accounting Technician. Requirements of the position: pass Deschutes County background check; may be required to be eligible to drive on County business; completed two years of college coursework in general business or accounting and record keeping experience preferred. c, Provide temporary staff as the alternate contractor for the following positions and with the following requirements: 1) Custodian. Requirements of the position: eligible to drive on County business, pass Deschutes County background check, one year experience performing custodial/janitorial work preferred, high school degree or GED equivalent preferred. 2) Building Maintenance Worker/Groundskeeper, Fair &Expo Center, Requirements of the position: eligible to drive on County business; pass Deschutes County background check; experience performing routine building and fixture repairs and operating heaving equipment required. 3) General Laborer. Requirements of the position: eligible to drive on County business, pass Deschutes County background check, high school degree or GED equivalent preferred. 4) Landfill Site Attendant (Floor Attendant, Solid Waste). Requirements of the position: eligible to drive on County business; pass Deschutes County background check; experience in operating a cash register, calculator, and basic computer data entry skills preferred, 5) Equipment Operator. Requirements of the position: eligible to drive on County business; pass Deschutes County background check; experience in operating two and three-axle dump trucks with snow plows/sanders, utility trUCk, forklift, and air compressor; and possession of a Class A CDL and valid Oregon State drivers license. Page 9 of 20 -Personal Services Contract No. 2011-507 I 6) RV Park Attendant. Requirements of the position: pass Deschutes County background check; may be required to be eligible to drive on County business; computer, phone, and customer service experience preferred. d. Maintain a "pool" of qualified persons from which to dispatch temporary employees based on the qualifications listed in 1.b and 1.c above. e. Group employees according to their qualifications and dispatch only those persons qualified for the requested position. f. Dispatch temporary employees pursuant to phone request from County departments. g. Designate one employee who will serve as the County's main contact for the administration of the contract. This shall include providing the County, upon request, with a quarterly report containing temporary staffing hours worked broken down by department and including hours and charges. h. Track, by department, the dates, hours, and locations where each temporary employee works. i. Bill departments directly for use of temporary services. j. For driving positions, contractor must submit final candidate's Driver's License information to Tracy Scott, Deschutes County Personnel Department via e-mail: Tracy-Scott@co.deschutes.or.us. This information shall include candidate's full name, date of birth, and the state the license was issued from. Once the information has been received, a full driver's record will be ordered by Deschutes County Risk Management. No candidate in a driving position will begin an assignment until the Driver's record has been approved to drive on County Business, pursuant to County Policy (RM-1). Driving records will be reviewed per County Policy RM-1.The policy requires that the supervising department and Risk Management review the suspension and revocation entries to assess circumstances and address any driving issues. Two or more suspensions, revocations or accidents within the past five years requires departmental and Risk Management review and subsequent determination of driving status. k. Contractor shall have final candidate complete and sign, Deschutes County's "Consent Form to Request Information for a Criminal Background Check" (attached). Contractor will then submit completed consent form to Tracy Scott, Deschutes County Personnel Department via e-mail: Tracy_Scott@co.deschutes.or.us. I. Contractor shall have final candidate complete and sign, Deschutes County's "Pre­ Employment Consent Form" (attached) to allow for testing for controlled substances. Contractor will then submit completed consent form to Tracy Scott, Deschutes County Personnel Department via e-mail: Tracy-Scott@co.deschutes.or.us. m. Contractor is responsible for the worker's payroll and the following functions: issue paychecks to workers; employer's tax liability (i.e., FICA, FUTA, and SUTA) for applicants; worker's compensation and unemployment insurance with respect to payroll; issue workers' W-2's at yearend. n. Contractor will provide and assume the responsibility for the handling and processing of any and all worker's compensation claims. o. Contractor shall be an Equal Opportunity Employer. p. The Contractor shall provide names of the workers recommended to perform the work, and a current resume including a description of their qualifications and skills. q. The hourly rate of pay for the position shall be determined by the requesting department at the time when the temporary employment is requested and may vary by department. 2. Consideration. a. County shall pay Contractor on a fee-for-service basis at the rate of 25.5% markup (percentage of the hourly pay rate paid to the temporary employee) for the positions of Custodian, Data Entry, Secretary, Customer Service Clerk, and Accounting Technician. County shall pay Contractor on a fee-for-service basis at the rate of 29.5% markup (percentage of the hourly pay rate paid to the temporary employee) for the position of Road Crew. As the alternate Contractor, the County shall pay Contractor on a fee-for-service basis at the rate of 29.5% markup (percentage of the hourly pay rate paid to the temporary employee) for the positions of Custodian, Building Maintenance/Groundskeeper, General Laborer, Landfill Site Attendant, Equipment Operator, and RV Park Attendant. b. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5 Page 10 of 20 -Personal Services Contract No. 2011-507 o YES X NO [Check one] 4. The maximum compensation. a. The maximum compensation under this contract, including allowable expenses, is $800,000 annually. b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the maximum compensation amount set forth above. 1) If this maximum compensation amount is increased by amendment of this contract, the amendment shall be fully effective before contractor performs work subject to the amendment. 2) Contractor shall notify County in writing of the impending expiration of this Contract thirty (30) calendar days prior to the expiration date. 5. Schedule of Performance or Delivery. a. County's obligation to pay depends upon Contractor's delivery or performance in accordance with the following schedule: invoice is submitted to the department using the temporary services after the temporary service hours have been worked, County will pay the invoice within three weeks of receiving an accurate inVOice. b. County will only pay for completed work that conforms to this schedule. Page 11 of 20 -Personal Services Contract No. 2011-507 I EXHIBIT 2 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2011-507 INSURANCE REQUIREMENTS Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below. Insurance coverage must apply on a primary or non-contributory basis. All insurance policies, except Professional Liability. shall be written on an occurrence basis and be in effect for the term of this contract. Policies written on a "claims made" basis must be approved and authorized by Deschutes County. Contractor Name: Express Employment Professionals Workers Compensation insurance in compliance with ORS 656.017, reqUiring Contractor and all subcontractors to provide workers' compensation coverage for all subject workers, or provide certification of exempt status. Employer's Liability Insurance with coverage limits of not less than $500,000 must be included. Professional Liability insurance with an occurrence combined single limit of not less than: Per Occurrence limit Annual Aggregate limit o $500,000 0 $500,000 o $1,000,000 0 $1,000,000 o $2,000,000 0 $2,000,000 Professional Liability insurance covers damages caused by error, omission, or negligent acts related to professional services provided under this Contract. The policy must provide extended reporting period coverage, sometimes referred to as "tail coverage" for claims made within two years after the contract work is completed. o Required by County X Not required by County (one box must be checked) Commercial General Liability insurance with a combined single limit of not less than: Per Single Claimant and Incident All Claimants Arising from Single Incident X Oregon Tort Claims Act limits X Oregon Tort Claims Act limits o $1,000,000 0 $2,000,000 o $2,000,000 0 $3,000,000 Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed operations and contractual liability. The Oregon Legislature has adopted legislation which establishes tort claims limits for actions against local public bodies, including their officers, agents and employees. The tort claims act limits are automatically adjusted on July 1 every year. The policy shall be endorsed to name Deschutes County, its officers, agents, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County are maintained. Construction contracts may include aggregate limits that apply on a "per location" or "per project" basis. X Required by County o Not required by County (One box must be checked) Page 12 of20 -Personal Services Contract No. 2011-507 Automobile Liability insurance with a combined single limit of not less than: Per Occurrence o $500,000 o $1,000,000 o $2,000 ,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle . Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business . Examples include : plumbers, electricians or construction contractors . An Example of an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles registered to the business . o Required b~Count~ X Not required b~County (one box must be checked) Additional Requirements. Contractor shall pay all deductibles and self-insured retentions. A cross-liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of loss . Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed Contract. Contractor shall notify the County in writing at least 30 days in advance of any cancellation , termination, material change, or reduction of limits of the insurance coverage . The Certificate shall also state the deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or self-insured retention . If requested, complete copies of insurance policies shall be provided to the County . Page 13 of 20 -Personal Serv ices Contract No . 2011-507 EXHIBIT 3 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2011-507 CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR NOTE: Contractor Shall Complete A or B in addition to C below: A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP. of perjury that Contractor is a [check one]: i~ t d Liability Company 0 pa~.(t~ authorized to do 9!:efi t the State of Oregon. Title Date B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR. Contractor certifies under penalty of perjury that the following statements are true: 1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and state income tax returns last year in the name of the business (or filed a Schedule C in the name of the business as part of a personal income tax return), and 2. Contractor represents to the public that the labor or services Contractor provides are provided by an independently established business registered with the State of Oregon, and 3. All of the statements checked below are true. NOTE: Check all that apply. You shall check at least three (3) -to establish that you are an Independent Contractor. A. The labor or services I perform are primarily carried out at a location that is separate from my residence or primarily carried out in a specific portion of my residence that is set aside as the location of the business. B. I bear the risk of loss related to the business or provision of services as shown by factors such as: (a) fixed-price agreements; (b) correcting defective work; (c) warranties over the services or (d) indemnification agreements, liability insurance, performance bonds or professional liability insurance . C. I have made significant investment in the business through means such as: (a) purchasing necessary tools or equipment; (b) paying for the premises or facilities where services are provided; or (c) paying for licenses, certificates or specialized training. V D . I have the authority to hire other persons to provide or to assist in providing the services and if necessary to fire such persons. V E. Each year I perform labor or services for at least two different persons or entities or I routinely engage in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Je~\~ ;LOfI Date Page 14 of 20 -Personal Services Contract No . 2011-507 C. Representation and Warranties. Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. Contractor has the power and authority to enter into and perform this contract; 2. This contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; 3. The services under this Contract shall be performed in a good and workmanlike manner and in accordance with the highest professional standards; and 4. Contractor shall, at all times during the term of this contract, be qualified, professionally competent, and duly licensed to perform the services. 5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4), 6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any consideration and payments paid to Contractor under this contract; and 7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any ;~~qUired SUb~ontracts . ~ ~ S\~61\\ Contractor Signa ure Date Page 15 of 20 -Personal Services Contract No. 2011-507 NOT APPLICABLE EXHIBIT 4 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2011-507 Workers' Compensation Exemption Certificate (To be used only when Contractor claims to be exempt from Workers' Compensation coverage reqUirements) Contractor is exempt from the requirement to obtain workers' compensation insurance under ORS Chapter 656 for the follow ing reason (check the appropriate box): o SOLE PROPRIETOR • Contractor is a sole proprietor, and • Contractor has no employees, and • Contractor shall not hire employees to perform this contract. o CORPORATION -FOR PROFIT • Contractor's business is incorporated, and • All employees of the corporation are officers and directors and have a substantial ownership interest" in the corporation, and • The officers and directors shall perform all work . Contractor shall not hire other employees to perform this contract. o CORPORATION -NONPROFIT • Contractor's business is incorporated as a nonprofit corporation , and • Contractor has no employees ; all work is performed by volunteers, and • Contractor shall not hire employees to perform this contract. o PARTNERSHIP • Contractor is a partnership, and • Contractor has no employees, and • All work shall be performed by the partners; Contractor shall not hire employees to perform this contract, and • Contractor is not engaged in work performed in direct connection with the construction, alteration, repa ir, improvement, moving or demolition of an improvement to real property or appurtenances thereto . ~MITED LIABILITY COMPANY • Contractor is a limited liability company, and • Contractor has no employees , and • All work shall be performed by the members; Contractor shall not hire employees to perform this contract, and • If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction , alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto. "NOTE : Under OAR 436-050-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation or, if less than 10% is owned , the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders . ""NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exempt ion are complicated . Consult with County Counsel before an exemption request is accepted from a contractor who shall perform construction W~~ ~\~Ui~d ~ Contractor Printed Name Contractor Signature Page 16 of 20 -Personal Services Contract No . 2011-507 ~.o .D . ~\\ ,;)-DI\ Contractor Title Date Page 17 of 20 -Personal Services Contract No. 2011-507 NOT APPLICABLE EXHIBIT 5 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2011-507 Expense Reimbursement 1. Travel and Other Expenses. (VVhen travel and other expenses are reimbursed.) a. It is the policy of the County that all travel shall be allowed only when the travel is essential to the normal discharge of the County responsibilities. 1) All travel shall be conducted in the most efficient and cost effective manner resulting in the best value to the County. 2) Travel expenses shall be reimbursed for official County business only. 3) County shall not reimburse Contractor for any item that is not otherwise available for reimbursement to an employee of Deschutes County per Deschutes County Finance Policy F-1, "REIMBURSEMENT FOR MISCELLANEOUS EXPENSES AND EXPENSES INCURRED WHILE TRAVELING ON COUNTY BUSINESS," dated 11/8/06. 4) County may approve a form other than the County Employee Reimbursement Form for Contractor to submit an itemized description of travel expenses for payment. 5) Personal expenses shall not be authorized at any time. 6) All expenses are included in the total maximum contract amount. b. Travel expenses shall be reimbursed only in accordance with rates approved by the County and only when the reimbursement of expenses is specifically provided for in Exhibit 1, paragraph 3 of this contract. c. The current approved rates for reimbursement of travel expenses are set forth in the above described policy. d. County shall not reimburse for any expenses related to alcohol consumption or entertainment. e. Except where noted, detailed receipts for all expenses shall be provided. f. Charge slips for gross amounts are not acceptable. g. County shall not reimburse Contractor for any item that is not otherwise available for reimbursement to an employee of Deschutes County. 2. Approved reimbursements: a. Mileage. Contractor shall be entitled to mileage for travel in a private automobile while Contractor is acting within the course and scope of Contractor's duties under this Contract and driving over the most direct and usually traveled route to and from Bend, Oregon. 1) Reimbursement for mileage shall be equal to but not exceed those set by the United States General Services Administration ("GSA") and are subject to change accordingly. 2) To qualify for mileage reimbursement, Contractor shall hold a valid, current driver's license for the class of vehicle to be driven and carry personal automobile liability insurance in amounts not less than those required by this contract. 3) No mileage reimbursement shall be paid for the use of motorcycles or mopeds. b. Meals. 1) Any reimbursement for meals shall be for actual cost of meals incurred by Contractor while acting within the course and scope of Contractor's duties under this contract. 2) For purposes of calculating individual meals where the Contractor is entitled only to a partial day reimbursement, the following maximum allocatio n of the meal expenses applies: a) Breakfast. $10; b) Lunch, $12; c) Dinner, $22. 3) Except in the event of necessary overnight travel as provided below, partial day meal expenses shall be reimbursed as follows and only while Contractor is acting within the course and scope of Contractor's duties under this contract: a) Breakfast expenses are reimbursable if Contractor is required to travel more than two (2) hours: before the start Contractor's regular workday (i.e. 8:00 a.m.). b) Lunch expenses are reimbursable only if Contractor is required to travel overnight and begins the journey before 11 :00 am or ends the journey after 11 :00 a.m. Page 18 of 20 -Personal Services Contract No. 2011-507 I c) Dinner expenses are reimbursable only if Contractor is required to travel more than two (2) hours after Contractor's regular workday (i.e. 5:00 p.m.). 4) Breakfast and dinner expenses are reimbursable during Contractor's necessary overnight travel while acting within the course and scope of Contractor's duties under this contract and shall not exceed those set by the GSA. and are subject to change accordingly. c. Lodging. 1) County shall reimburse Contractor for Contractor's actual cost of lodging necessary to provide service to the County and shall not exceed the maximum lodge set by the GSA for Bend, Oregon. 2) Reimbursement rates for loqging are not considered "per diem" and receipts are required for reimbursement. d County shall not reimburse Contractor in excess of the lowest fair for any airline ticket or vehicle rental charges. 3. Exceptions. Contractor shall obtain separate written approval of the County Administrator for any exceptions to the expense items listed above prior to incurring any expense for which reimbursement shall be sought. f I .~ I I I I I Page 19 of 20 -Personal Services Contract No. 2011-507 Exhibit 6 DESCHUTES COUNTY SERVICES CONTRACT Contract No . 2011-507 Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Conflicts of Interest Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor, by signature to this Contract, declares and certifies that Contractor's Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's employee agency (County State or Federal) would prohibit Contractor's Work under this Contract. Contractor is not an "officer ," "employee," or "agent" of the County, as those terms are used in ORS 30.265. 2 . No federally appropriated funds have been paid or shall be paid , by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress , an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan , the entering into of any cooperative agreement, and the extension , continuation, renewal , amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress , an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan , or cooperative agreement, Contractor agrees to complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. 1) Standard Form-LLL and instructions are located in 45 CFR Part 93 Appendix B. 2) If instructions require filing the form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form-LLL with the Department. 3) This filing shall occur at the same time as the filing in accordance with the instructions. b. Contractor understands this certification is a material representation of fact upon which the County and the Department has relied in entering into this Contract. Contractor further understands that submission of th is certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract. c. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100 ,000 for each such failure . d. Contractor shall include the language of this certification in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly . e. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with the terms of this certification . f. Contractor promises to indemnify County for any damages suffered by County as a result of Contractor's failure to comply with the terms of this certification. 3. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a material representation of facts upon which reliance was placed when this Contract was made or entered into , submission of this certification is a prerequisite for make or entering into this Contract imposed by Section 1352, Title 311 , U .S. Code and that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure . ~~~~~~_. ~t~J\ Date c ~i~ Page 20 of 20 -Personal Services Contract No. 2011-507 --- DATE (MM/DOIYYYY)CERTIFICATE OF LIABILITY INSURANCE 9/20/2011 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 pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tenns 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 Willis of Illinois, Inc. 233 S Wacker Drive Suite 2000 Chicago IL 60606 INSURER(S) AFFORDING COVERAGE __+_NAI~~--- INSURED INSURERA:.Nat.io.nal. .union.. Fir.e... In. Co I?:j,ttsburg Il~4.'t~ __ uExpress Services, Inc.; Express Services, Inc. lp!'syRERI!.;Inusl!l;'Clnc~.C.Q!Ilp"tly of the State of I? 19429dba Express Employment Professionals 8516 NW Expressway INSURERC: Oklahoma City OK 73162 IN!.U_RER ~: . INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 259439872 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 VVlTH 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. --... ....--'-TPljLicy EFF" ~POLicy EXpTu--.......__.-._... ---------­f1f---TY~~ ;;F~NSU~;~~-----T~~~I POLICY NUMBER ! (MMIDOlYYYYl rMMIDDlYYYY1 i LIMITS A GENERAL LIABILITY SSL9518899 10/1/2010 10/1/2011 EACH OCCURRENCE $5,000,000 DAMAGE TO RENTEDI'X COMMERCIAL GENERAL LIABILITY I 1J".B£.Mlse;s..LEa ~@(l~L.:$250, 000 . : .--] CLAIMS-MADE [it] OCCUR I I~ED EXP !~...o-"e pe':'~~L....:..!~' 000_ -­ ; ".~i'i'inN Service i PERSONAL&ADVINJURY . $Inc1uded -----,---~. --... ,(;E;N'L AGGREGATE LIMIT APPLI§S PER X POLICY •~~8T : LOC I I i GENERAL AGGREGATE .. 1$5,000,000 "~,. . PRODUCTS.COMPIOP!'GG I $Included r-----~---·-·~·..· A AUTOMOBILE LIABILITY -ANY AUTO : : SSL9518899 110/1/2010 10/1/2011 ! COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per perlOn) $1,000,000 $ <---­ALL OWNED AUTOS I I : BODILY.. IN.JlJR~ (Per aCOdenl)i $.. SCHEDULED AUTOS ~-----" : rp~~PERTY DAMAGE $X -cacddenl)HIRED AUTOS•...­! ~. j NON-OWNEDAUTOS i$ i $ , A I :011079739 I ~x"1 UMBRELLA LIAB ~~OCCUR ! i 110/1/2010 :10/1/2011 ,..i:ACH OCCURRENCE I$10.000,000 . --.-~---EXCESS LlAB .j~lJIJ"-,s:,,,~i I _A.<3GRE GATE $10.000,000 DEDUCTIBLE $ ~X i RETENTION $10,000 I I i $ B _WORKERS COMPENSATION I -WC026149630 110/1/2010 ,10/1/2011 Ix ,OTH­ B i AND EMPLOYERS' LIABILITY YIN I SEE ATTACHED POLICY # 10/1/2011 I..· IT~ilfJ8s .. _.l. .EIL!--_..,.­10/1 /2010: ANY PROPRIETORIPARTNERlEXECUTIVE D ' c-E,L EACH ACCDENT_.--l-!1..:.00~~OOO L __••••: OFFICERIMEMBER EXCLUDED? Y N I A I 1 I(MlindalDry In NH) I i E.L. DISEASE -i:A EMPLOYE, $1,000,000 -... -­ : gl~~W~~~PERATIONS below : I ELDISEASE-POLICYLIMIT: $1,000,000 A Crime/Fidelity i ,014497675 110/1/2010 :10/1/2011 I~rime/Fidelity $1,000,000A ·Staffing E&O Coverage i I ISSL9518899 110 / 1 /2010 10/1/2011 :E&O Occ/Agg $5,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES (Attach ACORD 101. Additional Rama"'" Schedule, jf more space is required) All insurance carriers shown on this certificate have an A.M. Best Rating A XV unless otherwise noted. Location: 1020 Bend, OR Type of Company: County Municipal Workers See Attached ••• { CERTIFICATE HOLDER Deschutes County 1300 NW Wall St. Suite 20 Bend OR 97701 I 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. AUTHORIZED REPRESENTATIVE ~JJ~ © 1988·2009 ACORD CORPORATION, All nghts reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD AGENCYCUSTOMERID: ___________________________________ LOC#: ______________ ADDITIONAL REMARKS SCHEDULE Page 1___ of _1__ AGENCY I, NAMED INSURED Willis of Illinois, Inc. iExpress Services, Inc. ; Express Services, Inc. dba Express Employment Professionals POUCY NUMBER I 8516 NW Expressway Oklahoma City OK 73162 CARRIER NAICCODE EFFEcnVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Job Description: Administrative workers and Road Crew Workers Certificate Holder is listed as an Additional Insured as respects to work performed by Temporary ~ssociates, as per written contract and/or staffing agreement, except for Negligence or Willful Misconduct of Certificate Holder. Additional Insured does not apply to WC, E&O or Fidelity. I• !ACORD 101 (2008/01) @)2008 ACORD CORPORATION. All rights reserved. ! The ACORD name and logo are registered marks of ACORD I f Express Services, Inc. Workers' Compensation Policy Schedule: Policies Period: 10/1/10 -10/1/11 Insurance Company of the State of PA Policy No. WC 026149630 NAIC# 19429 States Covered: AK ,AR ,CO, DC, DE, GA, HI, 10, MS, MT, NC, NH,NM,NV,OK, PA,RI, SO, TN, UT, VA, WV Insurance Company of the State of PA POlicy No. WC 026149629 NAIC#19429 States Covered: AL, AZ, CT, lA, IL, IN, KS, KY, LA, MO, MI, MN, MO, NE, NJ, SC National Union Fire Insurance Company Policy No. WC 026149636 NAIC# 19445 States Covered: MA, NO, WA,WI, WY MONOPOLISTIC STATES (Employers Liability/Stop Gap Only) Insurance Company of the State of PA POlicy No. WC 026149631 NAIC#19429 States Covered: CA Chartis Property Casualty Company POlicy No. WC 026149632 NAIC# 19402 States Covered: OR Insurance Company of the State of PA Policy No. WC 026149633 NAIC# 19429 States Covered: NY illinois National Insurance Company Policy No. WC 026149634 NAIC#23817 States Covered: Fl New Hampshire Insurance Company Policy No. WC 026149635 NAIC# 23841 States Covered: TX Illinois National Insurance Company Policy No. WC 026149638 NAIC#23817 States Covered: ME National Union Fire Insurance Policy No. WC 1192342 NAIC# 19445 States Covered: OH Excess Self Insured I I !, \ Endorsement No.2 This endorsement, effective 12:01 A.M. 10/01/10 forms a part of Policy No. SSL 9518899 Issued to: Express Services, Inc. By National Union Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A check in the box indicates that this Endorsement shall apply to that Coverage. o COVERAGE A -WRONGFUL ACTS, ERRORS AND OMISSIONS COVERAGE B -BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE C -PERSONAL INJURY AND ADVERTISING INJURY LIABILITY I f ! BLANKET ADDITIONAL INSURED ENDORSEMENT Section VIII. \Nho Is An Insured is amended by adding the following: Any person or organization as required by your contract or agreement shall be an Insured but only with respect to that person or organization's liability arising out of your operations as a staffing service or premises owned by or rented by you. Any person or organization when: a) work is performed under a written contract or agreement other than Express Services Inc. 's timecard, terms and conditions or service agreement, any person or organization as per the terms and limits(s) set forth in such contract or agreement, or b) work is performed under other than a) above, any person or organization as evidenced by written request on file with Express Services, Inc., but only to the extent of the limit(s) of liability stated in the certificate of insurance issued to the additional insured, and shall apply only to the extent of liability imposed on the additional insured as a result of the named insured's negligence or arising out of premises owned by or rented to the named insured. All other terms, conditions, and exclusions shall remain unchanged. • 1,