HomeMy WebLinkAbout2022-028ASample Agreement
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized
and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Secure Technologies, LLC
(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
ARTICLE 1- WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Temporary Staffing Services
ARTICLE 2 - THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Project Name: Annual Bid for Temporary Staffing Services
Bid Number: 2022017
Project Address: Various facilities throughout the County
ARTICLE 3 - CONTRACT TIMES
The initial term of this award is one year from award, with two one-year renewals available.
ARTICLE 4 - CONTRACT PRICE
4.01 Work shall be completed at the prices provided in the Contractor's bid, and as modified by amendment to this
agreement.
4.02 All services provided by the CONTRACTOR for the OWNER shall be identified in Work Authorization and
performed in a timely, efficient, cost effective manner. Work Authorization shall include a description of services to be
performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether
compensation is lump sum maximum amount not to exceed task based, or any combination of the foregoing; a budget
establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of
costs; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each
Purchase Order that does not conflict with the terms of this Agreement.
4.03 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is
dated; serially numbered; and executed by both the OWNER and the CONTRACTOR by which the OWNER accepts
Contractor's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services
for the terms and under the conditions specified in this Agreement. Each Purchase Order must be fully executed by the
OWNER.
Sample Agreement
4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise
outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the
Contractor must obtain the prior written approval of the OWNER as provided by this Agreement. All terms for the
performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a
Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the OWNER shall
become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the OWNER.
4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements.
Each specific Work Authorization, as approved by the OWNER, shall be an addendum to this Agreement. Nothing
contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement
shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 CONTRACTOR shall invoice OWNER weekly for services under each Work Authorization. All payments for
services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt
Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Upon a determination
of satisfactory completion, the OWNER Project Manager will authorize payment to be made.
ARTICLE 6 - INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or
utilized by the CONTRACTOR in the performance of the Work.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional
or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods,
techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents
to be employed by CONTRACTOR, and safety precautions and programs incident thereto.
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E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained
from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is
acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-
verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this
agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify
registration and utilization for all subcontractors.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bid 2022017;
(6) Addenda (numbers 1 to 2, inclusive);
(7) CONTRACTOR'S Bid Form;
(8) Bid Bond;
(9) Qualifications Questionnaire;
(10) Drug Free Workplace Form;
(11)Affidavit of Compliance;
(12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships;
(13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(14) Certification Regarding Lobbying;
(15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
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ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another
party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the
other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention
of the stricken provision.
9.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either
party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida,
or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.
9.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply
with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided in Chapter 119 or as otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the Contractor or keep and maintain public records required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the Custodian of Public Records, in a
format that is compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
ARTICLE 10 — FEDERAL CLAUSES
10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work:
A. Compliance with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
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(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any other federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph
(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.
B. Clean Air Act:
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The contractor agrees to report each violation to the OWNER and understands and agrees that the
OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FEMA.
C. Federal Water Pollution Control Act:
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the OWNER and understands and agrees that the
OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FEMA.
D. Debarment and Suspension
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the
contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or
its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined
at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that
the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to OWNER, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from
this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
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E. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency.
F. Procurement of Recycled/ Recovered Materials
(1) in the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA -designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance
schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web
site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
G. Access to Records: The following access to records requirements apply to this contract:
(1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and
agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA
Administrator or the Comptroller General of the United States.
H. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre -approval.
I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA
financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all
applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
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Sample Agreement
K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31
U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining
to the contract.
L. Affirmative Steps: CONTRACTOR shall take the following affirmative steps to ensure minority business,
women's business enterprises and labor surplus area firms are used when possible:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists.
(2) Ensuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises.
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises.
(5) Using the services and assistance of the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
M. Prohibition on Contracting for Covered Telecommunications Equipment or Services:
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications
equipment or services; interconnection arrangements; roaming; substantial or essential component; and
telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1,
Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services
(Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No.
115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from
obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use
grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management
Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of any system;
or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any
equipment, system, or service that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection
arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any
user data or packets that such equipment transmits or otherwise handles.
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(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications
equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further
available information about mitigation actions undertaken or recommended. In addition, the contractor shall
describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or
services, and any additional efforts that will be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all
subcontracts and other contractual instruments.
N. Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent
practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other
manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates
such as concrete; glass, including optical fiber; and lumber.
Article 11: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the
OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any
other remedies which the OWNER may have under this Contract or under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)
of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
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(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be
finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for
the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing
of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to
the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER
may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification,
CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or
occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR
to restore any work sites.
D. The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and
(2) the difference between the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its
rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's
services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR
shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease
ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of
this Contract. Upon such termination Contractor shall be entitled to payment only as follows:
(1) the actual cost of the work completed in conformity with this Contract and the specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the County in the
event of such termination.
F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR
certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized
Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not
engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or
more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are
not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are
not engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as
provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes.
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Sample Agreement
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-
owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been
placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth
in section 215.4725, Florida Statutes.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has
been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on February 15, 2022 (the date the Agreement is approved by the Indian River
County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
INDIAN RIV
By:
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By:
Jason E
County Administrator
CONTRACTOR:
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. Attest �/&
APPROVEDAS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:Rzl��
V 41 Deputy Clerk
(SEAL)
Designated Representative:
Name:
Title:
Address:
Phone
Email
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(CORPORATE SEAL)
License No. /j//4-
(Where
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(Where applicable)
Agent for service of process:
DesignateRepres ntative:
Name:
Title:i
Address: _
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Phone:" o — '?'o61 0
Email:S oG�Z% >eS/tic. �
(If CONTRACTOR is a c oration or a partnership,
attach evidence of authority to sign.)
Sample Agreement
Exhibit 1 to the Agreement — Pricing
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3. Forms
Bid Form
2022017 Annual Bid for Temporary Staffing Services
Bid Form
Annual Bid for Temporary Staffing Services
Bid #:
Bid Opening Date and Time:
Bid Opening Location:
The following addenda are hereby acknowledged:
Addendum Number
Addendum Number 01
addendum Number 02
2022017
January 7, 2022
Purchasing Division
1800 27th Street
Vero Beach, FL 32960
Date
December 20, 2021
December 28, 2021
2:00 P.M.
Bidders are not required to provide pricing on every category. Please mark N/A for personnel categories you do not
wish to provide. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the
followine rates:
Workforce Category
Markup in %
1. Office/ Clerical Support
32 %
2. Administrative/ Professional Support
32 %
3. General Labor Support
32 %
4. Mechanic Support
32 %
Will your company extend these prices to other governmental agencies
within the State of Florida?
6ZW-9 is attached
Specimen Insurance Certificate is attached
14
Yesq No ❑