HomeMy WebLinkAboutDoc 508 - Temp Staffing Svcs - Certified PersonnelDeschutes 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 for 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 ofthe request.
In calendar year 2010, the County spent a total of $608,000 on temporary staffmg 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 2010) of temporary staffing agencies are as follows: Road Department
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(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%), I
pilot car drivers (5%), night custodian (4%), administrative assistant (4%), driver (3%), and janitorial
(3%). IWe received six proposals in response to the ITB from the following agencies: Express Employment
Professionals, Employment Source, Flex Force Staffmg, Labor Ready Northwest, Mid Oregon lPersonnel, and Certified Personnel Service Agency. Agencies bid on the following temporary jobs: f
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. f
Based on the bids, Express Employment Professionals had the lowest bid for Road Crew, Data Entry ISpecialist, Secretary, Customer Service Clerk, and Accounting Technician; Certified Personnel Service
Agency had the lowest bid for Custodian, Building Maintenance Worker/Groundskeeper, General
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Laborer, Landfill Site Attendant, Public Works Equipment Operator, and RV Park Attendant.
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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 of the 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
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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 returned 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: 18/15/11[ Department: P5dmin. Service~
Contractor/Supplier/Consultant Name: ICertified Personnel Service Agency, 541-5043
1967~
Contractor Contact: ICertified Personnel Service Agency, Karisa Lousignonj
Contractor Phone #: ~bov~
Type of Document: Personal Services Contract
Goods and/or Services: Temporary Staffing Services.
Background &History:
An Invitation to Bid (lTB) 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.
f
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, 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 rdifferent bid on each position. The ITB was designed to determine the lowest bidder for
each separate position.
Based on the bids, Certified Personnel Service Agency had the lowest bid for I
Custodian, Building Maintenance WorkerlGroundskeeper, General Laborer, Landfill Site fAttendant, Public Works Equipment Operator, and RV Park Attendant and the second t
lowest bid for Data Entry SpeCialist, Secretary, Customer Service Clerk, and Accounting f
Technician. The BOCC issued an Intent to Award Letter and there were no protests of f
the bid award. I
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8/16/2011
Ending
Annual Value or Total Payment: Up to $800,000 annually.
o Insurance Certificate Receiied (cleck box)
Insurance Expiration Date:
Check all that apply:
[g! RFP, Solicitation or Bid Process o Informal quotes «$150K) o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? [g] Yes 0 No
If No, has budget amendment been submitted? 0 Yes o No
Is this a Grant Agreement providing revenue to the County? 0 Yes [g! 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: 0 Yes 0 No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
L-I_--'
Departmental Contact and Title: Erik Kropp, Deputy County Administrator, 388-6584
Department Director Approval: __~___~~__W' _""""'-¥(\
Signature ' ~ Date
Distribution of Document: Erik Kropp, Admin. Services
Official Review:
County Signature Required (check one): X BOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____--J)
Legal Review & a~ Date go/g-_ /1
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LEGAL COUNSEL
For Recording Stamp Only
DESCHUTES COUNTY SERVICES CONTRACT
CONTRACT NO. 2011-508
This Contract is between DESCHUTES COUNTY, a political subdivision, acting by and through the Administrative
Services Department (County) and Certified Personnel Service Agency (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 Exhib it 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#orSocial Security#: 93 -11358 2. Y
Is Contractor a nonresident alien? DYes ~ No
Business Designation (check one): D Sole Proprietorship D Partnership
IZI Corporation-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 .
Title Q
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 County Commissioners .
Dated this ___ of ________, 20_ Dated this ___ of ________, 20_
DESCHUTES COUNTY DIRECTOR OF _____
TAMMY BANEY, County Commissioner
ANTHONY DeBONE, County Commissioner
ALAN UNGER , County Commissioner
Page 1 of 20 -Personal Services Contract No . 2011-508
DC -2 0 11 -50 8
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. 2011-508
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 Tennination. 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, less 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. 2011-508
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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 inclJ"red 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 Tennination. 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 f:.
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. 2011-508
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, n 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 aU 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 attomey, 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 ("HIPAA-).
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 HIPAA
requirements.
g. This Contract may be amended in writing in the future to incorporate additional requirements
related to compliance with HIPAA.
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. 2011-508
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 Contractor's 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. 2011-508
found at the following URl address:
http://web.deschutes.orgldccodefTitle2IhtmllChapter2.37.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
Contractors debts or any other liabilities of each and every nature.
21. Indemnity and Hold Hannless.
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. I
25. Counterparts. This Contract may be executed in several counterparts, all of which when taken ftogether shall constitute one agreement binding on all parties, notwithstanding that all parties are not I
Page 7 of 20 -Personal Services Contract No. 2011-508 l
!
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: ToCountv:
Karisa Lousignont '8aYia KaRner e;.,,,-f<rof(
Certified Personnel Service Agency, Inc. County Administrator
1707 N. Highway 97 1300 NW Wall Street
P.O. Box 514 Suite 200
Redmond, Oregon 97756 Bend, Oregon 97701
Fax No. 541-504-0590 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. I
30. Representations and Warranties.
a. Contractor's Representations and Warranties. Contractor represents and warrants to County t
that:
1) Contractor has the power and authority to enter into and perform· this Contract; i
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, I
trade or profession and Contractor will apply that skill and knowledge with care and diligence I
to perform the Work in a professional manner and in accordance with standards prevalent in j
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) Contractor's 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. 2011-508
EXHIBIT 1
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2011-508
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
1. Contractor shall perfonn 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 staft), 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) 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.
(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.
c. Provide temporary staff as the alternate contractor for the following positions and with the
following requirements:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
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.
Page 9 of 20 -Personal Services Contract No. 2011-508
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 quarterty 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 (Le., 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 25.9% 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. As the alternate Contractor, the County shall pay Contractor on a fee-for
service basis at the rate of 25.9% 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.
b. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5
o YES X NO [Check oneJ
4. The maximum compensation. !
a. The maximum compensation under this contract, including allowable expenses, is $800,000 f
annually.
b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the f
maximum compensation amount set forth above. i
f
tPage 10 of 20 -Personal Services Contract No. 2011-508 !
I
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.
S. Schedule of Perfonnance 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.
I
I
f
f r
Page 11 of 20 M Personal Services Contract No. 2011-508
EXHIBIT 2
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2011-508
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-contrlbutory 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: Certified Personnel Service Agency
Workers Compensation insurance in compliance with ORS 656.017, reqUlnng 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 projecf basis.
X Required by County o Not required by County (One box must be checked)
Page 12 of 20 -Personal Services Contract No. 2011-508
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 by County X Not required by 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 lim its 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.
;p:7ZW__
Page 13 of 20 -Personal Services Contract No. 2011-508
EXHIBIT 3
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2011-508
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
NOTE: Contractor Shall Complete A or B in addition to C below:
A. CON·rRACTOR IS A CORPORATION, LIMITED LlABII.ITY COMPANY OR A PARTNERSHIP.
I certify under penalty of perjury that Contractor is a [check one]:
~Corporation Limited Liability Company 0 Partnership authorized to do business in the State of Oregon.
---I.lo.~.:::I...a::::s..t.Q,...~.u.ao..:.~...L.¥.l-4-____~jec±mo.noQ€K q -I Y - ( I
Title ,J ~ 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
~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.
L 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.
L 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.
L 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 .
L 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. .
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.
CJ-IY -II
Date
Page 14 of 20 -Personal Services Contract No. 2011-508
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
required subcontracts.
CJ -ILj -1I
Date
Page 15 of 20 -Personal Services Contract No. 2011-508
NOT APPLICABLE
EXHIBIT 4
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2011-508
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 following 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 CORPORAT/ON • 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, repair,
improvement, moving or demolition of an improvement to real property or appurtenances thereto.
o LIMITED 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 exemption are complicated. Consult with County Counsel before an exemption request is
accepted from a contractor who shall perform construction work.
Contractor Printed Name Contractor Signature
Page 16 of 20 -Personal Services Contract No. 2011-508
Contractor TiUe Date
Page 17 of 20 -Personal Services Contract No. 2011-508
NOT APPLICABLE
EXHIBIT 5
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2011-508
Expense Reimbursement
1. Travel and Other Expenses. (When 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 allocation 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. 2011-508
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
white 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 lodging 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.
Page 19 of 20 -Personal Services Contract No. 2011-508
Exhibit 6
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2011-508
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 govemment, 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 this 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 $100,000 for each failure.
OW.l ~ ,LI)
Datec~ractor,Signu ~~
Page 20 of 20 -Personal Services Contract No . 2011-508
~Rd I DATE (MMIODIVYYY)CERTIFICATE OF LIABILITY INSURANCE 9/15/2011
ntIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. ntIS
CERTIFICATE DOES NOT AFFIRMAllVELY OR NEGAnVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. ntIS CERTIFICATE OF INSURANCE DOES NOT CONSnTUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI. AUTHORIZ£D
REPRESENTAnVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiflcam holder Is an ADDtnONAL INSURED. the poIlcy(le$) must be endonled. If SUBROGAnON IS WAIVED. subj8c:t to
the terms and condlllOl"lll of the policy. certain poIlcIe$ may nlqulre an endorsement. A statement on tills cert.ificate does not confer rights to the
C8fIlfIcaIe holder In lieu of suc:h endoraamant(s).
PRODUCER
C A TOMASSENE & SON LLC : (503) 226-3741 I~.No): (503) 226-3743
707 SW Washington '1418 ~ ADDRESS: patsy@catomassene.com
Portland, OR 97205 NAlCt
INSURER A: NORTH PACIFIC INSURANCE
INSURERlSI AFFORDING COVERAGE
INSURED CERTIFIED PERSONNEL SERVICE AGENCY INC. INSURER s:
INSURER CCERTIFIED STAFFING AGENCY
INSURER D:PO BOX 70
INSURER E:LA GRANDE, OR 97850
INSURER F:
COVERAGES CERTIFICATE NUMBER' REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOlWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO YlHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AlFFORDED 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.-LlR TYPE OF INSURANCE =::;: POllCY NUMSER (M~ (M~ UMITS
A
GENERAL UABlUTY
~ ~COMMERCIAL GENERAL LlABlUTY
=:J ClAIMS-MADE 0 OCCUR-
-
-
GEN'L AGGREGATE UMIT APPUES PER:
"I POlICY !xl ~ n LOC
X C16 13-77-31 ~4/01/11 04/01/12
EACH OCCURRENCE
PReM;sesre;.~~>
$ 1,000 000
$ 100 000
MED EXP{Anyoneperson) $ 5 000
PERSONAL &ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2/000/000
PRODUCTS· COMPIOP AGG $ 2,000 000
I lEa aa:identl",.NGU:: UMIT
BOOILY INJURY (Per person>
s
A
-
~
-
~
AUT LlASIUTY
ANYAUTO
ALLOlMolED -SCHEDULED
AUTOS AUTOS-NON-O'JIINED
HIRED AUTOS ~AUTOS
OMOBILE
C16 13-77-31 ~4/01/11 ~4/01/12
S 1,000,000
s
BOOILY INJURY (Pet accicIenI) $
(~~.je"l)DAMAGt: $
$
-
X
UMBRELLA LIAS
PYOCCUR
EXCESS LIAS CLAIMS-MADE
C16 13-77-31 ~4/01/11 04/01/12
EACH OCCURRENCE $ 2,000,000
AGGREGATE 2,000,000$
DEDI IRETENTION S S
VI.ORKERS COMPENSATION
AND EMPLOYERS' LlABiUTY YIN
ANY PROPRIETOfIJPARTIIERJEXECUTI\IE DOFFICER.UEMBER exau:leO'?
(MIIICIIdoty in NHI
II yes. -.:title u.
DESCRIPTION OF OPERATIONS below
NIA
I~?~lts I IO~
EL EACH ACCIDENT $
EL DISEASE· EA EMPLOYEE
E.L. DISEASE· POlICY UMIT
$
$
A
LEASED OR RENTED
EQUIPMENT C16 13-77-31 04/01/11 ~4/01/12 $50,000
$500.00 DEDUCTIBLE
DESCRIPTION OF OPERATIONS {LOCATIONS {VEHICLES (Attach ACORD 101,Additional RemarlcsSchecklle,if more space is nIqUiIed)
Deschutes County Service Contract • 2011-508
Deschutes County, its officers, agents, employees and volunteers are named as
additionally insured.
CERTIFICATE HOLDER CANCELlATION
DESCHUTES COUNTY
1300 NW WALL STREET, SUITE 200
BEND, OR 97701
SHOULD ANY OF THE AlBOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DEllVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
•
AUTHORIZED RE$VEI \.~...~
@ 1988-2010 ACORD CORPORATION. All nghts reserved.
ACORD25 (2010105) The ACORD name and logo are registered marts of ACORD
www.saif.com
OREGON WORKERS COMPENSATION
CERTIFICATE OF INSURANCE
CERTIFICATE HOLDER:
DESCHUTES COUNTY
1300 NW WALL STREET
SUITE 200
BEND, OR 97701-1960
41 saif
~p corporation
The policy of insurance listed below has been issued to the insured named below for the
policy period indicated. The insurance afforded by the policy described herein is subject to
all the terms, exdusions and conditions of such policy.
POUCYNO. POUCY PERIOD ISSUE DATE
747563 01/01/2011 to 01/01/2012 09/15/2011
INSURED: BROKER OF RECORD:
CERTIFIED PERSONNEL SERVICE AGENCY INC ALLIANCE INSURANCE GROUP
PO BOX 70 8215 TUALATIN-SHERWOOD RD #200
LAGRANDE, OR 97850-0070 TUALATIN, OR 97062
UMITS OF UABILITY:
Bodily Injury by Accident $1,000,000 each accident
Bodily Injury by Disease $1,000,000 each employee
Body Injury by Disease $1,000,000 policy limit
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS:
Deschutes County Service Contract # 2011-508
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to change
at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies above.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN
NOTICE TO THE ABOVE NAMED CERTIFICATE HOLDER.
AUTHORIZED REPRESENTATIVE
~r?J>-JP ~J----..
President and CEO
400 High Street SE
Salem. OR 97312
P: 800.285.8525
F: 503.373.8020
I
I
POLICY NUMBER: COMMERCIAL
C161377 31 GENERAL LIABILITY
CG 20 10 1001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS -scheduled person or !
organization r
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization DESCHUTES COUNTY, ITS OFFICERS, EMPLOYEES AND
VOLUNTEERS
1300 NW WALL, STE. 200
BEND, OR 97701
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that
insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)
at the site of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use
by any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
CG 20 10 10 01
(c) ISO Properties, Inc., 2000