CN-620000-00077.pdf

STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS

STANDARD WRITTEN CONTRACT

Contract No.: DMA-MA-631 F.E.l.D. No.: F411887214 003

D.M.S. Catalog Class No.:93141800 Object Code: 132200

Contract Amount: Estimated $250.000 monthly

BY THIS Contract, made and entered into this 26th day of October 2016 by and between the STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS, hereinafter called the "Department" and Keystaff, Inc., duly authorized to conduct business in the State of Florida, hereinafter called "Vendor," hereby agree as follows:

1. SERVICES AND PERFORMANCE

A. In connection with providing temporary employment services contract the Department does hereby retain the Vendor to furnish certain services, information, and items as described in Statement of Work attached hereto and made a part hereof.

B. Before making any additions or deletions to the work described in this Contract, and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into an Amendment covering such work and compensation . Reference herein to this Contract shall include any amendment(s) .

C. All tracings, plans, specifications, maps, computer files , and reports prepared or obtained under this Contract, as well as all data collected , together with summaries and charts derived there from, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Vendor shall not copyright any material and products or patent any invention developed under this Contract. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time.

D. All final plans, documents, reports , studies, and other data prepared by the Vendor shall bear the professional's seal/signature, in accordance with the applicable Florida Statutes, Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Contract. In the event that changes in the statutes or rules create a confl ict with the requirements of published guidelines, requirements of the statutes and rules shall take precedence.

E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department shall be entitled at all times to be advised, at its request, as to the status of work being done by the Vendor and of the details thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to this Contract may request and be granted a conference.

F. All services shall be performed by the Vendor to the satisfaction of the Purchasing Director who shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Contract, the prosecution and fulfillment of the services hereunder and the character, quality, amount of value thereof; and the decision upon all claims, questions, and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and amendment(s) shall be entered into by the parties in accordance herewith.

Referenced herein the Purchasing Director is John Connor. (904) 823-0241, email : John.D.Connor2.nfg@mail.mi l.

Referenced herein the Contract Administrator is Erin Lewis. (904) 823-0403,email : Rannah.E.Lewis.nfg@mail.mil .

Referenced herein the Contract Manager is Joseph Camit (904 823-0239, email : Joseph.M.Camit.nfg@mail.mil.

2. TERM

A. Initial Term. This Contract shall begin on date of execution and shall remain in full force and effect through completion of all services required or February 15, 2017 whichever occurs first. Subsequent to the execution of this Contract by both parties, Page I of 8 the services to be rendered by the Vendor shall commence and be completed in accordance with the option selected below.

(Select box and indicate date(s) as appropriate):

~ Services shall commence 261h October 2016 and shall be completed by 15 February 2017 or date of termination, whichever occurs first.

OServices shall commence upon written notice from the Department's Contract Manager and shall be completed by or date of termination, whichever occurs first.

OOther: See Exhibit "A"

B. RENEWALS (Select appropriate box):

O This Contract may not be renewed.

~ This Contract may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Contract.

C. EXTENSIONS. In the event that circumstances arise which make performance by the Vendor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Contract. Extension of this Contract shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Contract; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this Contract unless the failure to meet the criteria set forth in this Contract for completion of this Contract is due to events beyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason . The Department shall review the request and make a determination as to granting all or part of the requested extension.

3. COMPENSATION AND PAYMENT

A. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Section 215.422(14), Florida Statutes.

B. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.

C. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices shall be submitted to the Contract Manager, with a copy provided to the Contract Administrator.

D. The bills for any travel expenses, when authorized by terms of this Contract and by the Department's Contract Manager, shall be submitted in accordance with Section 112.061 , Florida Statutes.

E. Vendors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless otherwise specified herein. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty

(20) days are measured from the latter of the date the invoice is received or the goods or services are received , inspected and approved.

F. If a payment is not available within forty (40) days; a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one

(1) dollar shall not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

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G. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22) , Florida Statutes. All payments issued by Agencies or Elig ible Users to registered Vendors for purchases of commodities or contractual services shall be assessed Transaction Fees as prescribed by rule 60A-1 .031 , Florida Administrative Code, or as may otherwise be established by law. Vendors shall pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to the rule . All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

H. A vendor ombudsman has been established with in the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Consumer Hotline, 1-800-342-2762.

I. Records of costs incurred under terms of this Contract shall be maintained and made available upon request to the Department at all times during the period of this Contract and for three (3) years after final payment for the work pursuant to this Contract is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's general accounting records and the project records, together with supporting documents and records of the Vendor and all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.

J. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verba l or written , made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under th is Contract is contingent upon an annual appropriation by the State Legislature and/or the availability of Federal Funds.

4. INDEMNITY AND PAYMENT FOR CLAIMS

A. INDEMNITY: The Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees , to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Contract.

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terns or provisions of this Contract.

B. SOVEREIGN IMMUNITY: Nothing contained herein shall be construed as a waiver of the limitations on liability enjoyed by the Department, as provided in Section 768.28, Florida Statutes.

C. PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, suppl ies, tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the Contract. The Department's final acceptance and payment does not release the Vendor's bond until all such claims are paid or released .

D. LIABILITY INSURANCE. (Select and complete as appropriate) :

D No general liability insurance is required.

~ The Vendor shall carry and keep in force during the term of this Contract, a general liability insurance pol icy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with a combined bodily injury limits of at least$ 100,000 Per Person and$ 300.000 each occurrence, and property damage insurance of at least$ 100,000 each occurrence, for the services to be rendered in accordance with this Contract.

D The Vendor shall have and maintain during the term of this Contract, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337 .106, Florida Statutes, with a company or companies authorized to do business in the State of Florida , affording liability coverage for the professional services to be rendered in accordance with this Contract in the amount of$ _______ _

E. WORKERS COMPENSATION. The Vendor shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law.

F. PERFORMANCE AND PAYMENT BOND. (Select as appropriate) :

~ No Bond is required

OPrior to commencement of any services pursuant to this Contract and at all times during the term hereof, including renewals and extensions, the Vendor will supply to the Department and keep in force a bond provided by a surety authorized to do business in the State of Florida , payable to the Department and conditioned for the prompt, faithful , and efficient performance of this Contract according to the terms and conditions hereof and within the time periods specified herein , and for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefore.

G. CERTIFICATION. With respect to any insurance policy, required pursuant to this Contract, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect and showing the Department to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department.

5. COMPLIANCE WITH LAWS

A. The Vendor shall comply with Chapter 119, Florida Statutes. Specifically the Vendor shall :

(1) Keep and maintain publ ic records required by the Department to perform the service.

(2) Upon request from the Department's custodian of publ ic records, or his designee, provide the Department 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, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requ irements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Vendor does not transfer the records to the Department.

(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers al public records to the Department upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of records, or his designee, in a format that is compatible with the information technology systems of the Department.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor's duty to provide public records relating to this Contract, contact the Custodian of Public Records at:

Florida Department of Military Affairs Attn: John Connor 82 Marine Street Saint Augustine, FL 32084 John.D.Connor2.nfg@mail.mil

(904) 823-0241

FAX (904) 823-0153

B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning this Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department's Contract Manager and securing prior written consent. The Vendor also agrees that it shall not publish, copyright, or patent any of the data developed under this Contract, it being understood that such data or information are works made for hire and the property of the Department.

C. The Vendor shall comply with all federal , state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin , age, or disability in the performance of work under this Contract.

D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the services herein contracted, then Section 337.162, Florida Statutes, applies as follows:

(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. The complaint shall be confidential.

(2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint regarding the violations to the Department of Business and Professional Regulation . Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensing law applicable to that licensee. The complaint shall be confidential.

(3) Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt from Section 119.07(1 ), Florida Statutes, pursuant to Chapter 455.32(15) , Florida Statutes, and applicable state law.

E. The Vendor covenants and agrees that it and its employees and agents shall be bound by the standards of conduct provided in applicable law and applicable rules of the Board of Business and Professional Regulation as they relate to work performed under this Contract. The Vendor further covenants and agrees that when a former state employee is employed by the Vendor, the Vendor shall require that strict adherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is a condition of employment for said former state employee. These statutes will by reference be made a part of this Contract as though set forth in full . The Vendor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Contract.

F. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six

(36) months following the date of being placed on the convicted vendor list.

G. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal , or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity.

H. The Department shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.

I. Pursuant to Florida Statutes 216.347 and 11 .062, the vendor may not expend State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.

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J. Federal funding has been provided through Master Cooperative Agreement (MCA) W911YN-16-2-1000 for this contract. In accordance with Article IX, Section 902 of the MCA, the terms and conditions of Article VIII of the MCA will prevail in the event this Article offers more protection to the Department. Article VIII of the MCA is hereby incorporated and made part of this Contract.

6. TERMINATION AND DEFAULT

A. This Contract may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department reserves the right to terminate or cancel this Contract in the event an assignment is made for the benefit of creditors.

B. If the Department determines that the performance of the Vendor is not satisfactory, the Department shall have the option of

(a) immediately terminating the Contract, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Department.

C. If the Department requires termination of the Contract for reasons other than unsatisfactory performance of the Vendor, the Department shall notify the Vendor of such termination , with instructions as to the effective date of termination or specify the stage of work at which the Contract is to be terminated.

D. If the Contract is terminated before performance is completed, the Vendor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Contract. All work in progress shall become the property of the Department and shall be turned over promptly by the Vendor.

7. ASSIGNMENT AND SUBCONTRACTS

A. The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely perform under this Contract and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Department, other than those costs within the limits and terms of this Contract. The Vendor is fully responsible for satisfactory completion of all subcontracted work. The Vendor, however, shall not sublet, assign, or transfer any work under this Contract to other than subcontractors specified in the proposal , bid, and/or Contract without the written consent of the Department.

B. Select the appropriate box:

[8] The following provision is not applicable to this Contract:

D The following provision is hereby incorporated in and made a part of this Contract:

It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2) , Florida Statutes; and for purposes of this Contract the person; firm , or other business entity (Vendor) carrying out the provisions of this Contract shall be deemed to be substituted for the state agency (Department) insofar as dealings with such qualified nonprofit agency are concerned . Available pricing , products, and delivery schedules may be obtained by contacting :

RESPECT

2475 Apalachee Parkway Tallahassee, FL 32301-4946 Phone: (850)487-1471

D The following provision is hereby incorporated in and made a part of this Contract:

It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under

Page 6 of8 the procedures set forth in Sections 946.515(2) and (4) , Florida Statutes; and for purposes of this Contract the person, firm, or other business entity (Vendor) carrying out the provisions of this Contract shall be deemed to be substituted for this agency (Department) insofar as dealings with such corporation are concerned .

The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) . Available pricing , products, and delivery schedules may be obtained by contacting :

PRIDE Enterprises 12425 - 28th Street, North St. Petersburg, FL 33716-1826 (800)643-8459

8. MISCELLANEOUS

A. The Vendor and its employees, agents, representatives, or subcontractors are not employees of the Department and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein , Vendor and its employees, agents, representatives, or subcontractors are not agents of the Department or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this provision in all its subcontracts under this Contract.

B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

C. This Contract embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein , and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written , between the parties hereto. The State of Florida terms and conditions, whether general or specific, shall take precedence over and supersede any inconsistent or conflicting provision in any attached terms and conditions of the Vendor.

D. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid .

E. This Contract shall be governed by and construed in accordance with the laws of the State of Florida.

F. In any legal action related to this Contract, instituted by either party, the Vendor hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule , or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by the Vendor, the Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same.

G . Contractor Environmental Awareness Training-Contractor supervisors and all subcontractor supervisors managing projects at FLARNG facilities and properties must show completion of the Contractor Environmental Awareness Tra ining prior to beginning any work. The training is completed by logging into https://flarnge2online.com and registering as a contractor or subcontractor using the new user login password : flarng (all lowercase). Once the training is complete a certificate of completion can be printed as proof of completion . These certificates and the FLARNGs' Environmental Policy must be posted at the work site for all supervisors working onsite. It will be the responsibility of the contractor and subcontractor to insure that all personnel working onsite have been made aware of the FLARNGs' Environmental Policy.

H. The following attachments are incorporated and made a part of this agreement:

~ Statement of Work

~ Keystaffs Price Sheet

~ Other DMS PUR 1000 General Contract Conditions and Article VIII of the MCA - Applicable Laws and Regulations, IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized officers on the day, month and year set forth above.

(PnnVfy~ + Title: J r£1den

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STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS

BY JS~~

Brian S. Fallon (PrinVfype)

Title: L TC. SF. FLARNG. State Quartermaster

FOR DEPARTMENT USE ONLY

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Signature/Date

Attorney-Advisor, STATEMENT OF WORK

1.1 Scope of Work: This requirement is to obtain temporary staffing services for the Department of Military Affairs (DMA). The DMA primarily has temporary staffing needs in Saint Augustine, Starke, and Jacksonville, Florida but also have one or two temporary staffing needs throughout locations in Florida, where Armed Forces Reserve Centers (AFRC) and/ or state buildings are located.

The services are expected to begin immediately upon date of award and end on or about February 15, 2017. Employment services covered by this contract shall be provided to meet the following needs:

a. To handle peak workloads or special projects (especially in times of emergencies)

b. To fill in during temporary absences of other temporary Staff or permanent state employees during vacation or leave periods.

c. To supply specialized needs on a full-time or part-time basis as the DMA deems necessary.

The contractor, nor its employees, shall in no manner be deemed an employee of the State of Florida or deemed to be entitled to any benefits associated with such employment.

1.2 Background: Temporary employment services were previously provided by Pathfinder Professional Solutions, Inc. , with pricing based on an Agency established pay scale and set administrative fees for each job class. Pathfinder's contract was terminated for default on October 20, 2016 for failure to maintain required insurances. This contract is being awarded on an emergency basis to ensure that operations within the Department can continue to operate on a normal basis until a new contract can be competitively procured and/or positions can be filled through the Florida People First system.

1.3 Position Descriptions and Pay Scale: Appendix A is the list of employment class types anticipated to be used by DMA on a temporary staffing basis. This list may incur modifications, corrections, pay rate changes, additions and/or deletions throughout the contract term. The DMA, in cooperation with the contractor, will determine pay rates based upon Appendix A.

1.4 Contractor Responsibilities and Service Requirements:

a. The Contractor must remain in compliance with all state and/or federal laws in effect during the contractual period (including renewal periods).

b. The Contractor is also responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, including the provision of payroll time sheets, checks, and delivery of checks.

c. The Contractor will assume the cost of wages, benefits, and taxes paid to personnel utilized during contractual period. The Contractor will identify and provide a regular pay period (weekly, bi-weekly, monthly) and ensure that contract workers are paid within an acceptable time period from time and attendance closeout. This will be coordinated with the DMA Contract Manager and Administrator. A copy of completed time and attendance forms from all contract workers must be furnished and submitted with invoices to the Contract Manager or his designee on a monthly basis.

d. The Contractor will be responsible for all Workers ' Compensation Liability Insurance. The Contractor will make all contributions for unemployment compensation funds as required by Federal and State laws and process claims as indicated.

e. The Contractor must provide availability of the following services to all contract workers assigned pursuant to the resultant contract:

1. Job applications, taxation forms, etc.

2. Ability to receive Fax and Email submissions from employees and DMA.

3. Availability of direct deposit, at no cost to the employee.

4. Access to Health, Dental, and Life Insurance (or as the law requires).

5. Access to a 401K Plan or similar plan.

If the Contractor offers benefits, in addition to those listed above, DMA recommends caution when computing the percentage bid price, as this may produce a negative result.

f. The Contractor shall maintain a pool of employees in order to fill DMA's needs within seven (7) business days after receipt of approved request. The Contractor shall provide DMA the option of interviewing potential new contract workers (ifrequested), prior to assignment, at the Contractor' s expense, with interviews limited to one (1) hour.

g. The Contractor shall perform criminal background checks and drug screenings on their contract workers assigned as a result of this contract.

h. The Contractor shall ensure that appropriate bonding is provided for positions marked with an asterisk (*) on Appendix A.

i. All contract workers may be required to drive a state or federal government GSA vehicle, and in the case of the Youth Challenge Program, may transport students for state operational purposes; thereby, requiring a current valid driver' s license. The Contractor' s liability insurance defined in Section 4.7.4 must be inclusive of the potential driving requirements. DMA does not anticipate any positions for the Youth Challenge Program during the term of this contract.

j. The Contractor shall be liable or responsible for any accidents, loss of personal property or any other damages that may arise as a result of this contract. Furthermore, the contractor shall agree to indemnify and hold harmless the DMA for any and all claims, demands, lawsuits or any other action arising from the services/labor under this contract. Any accidents involving contract workers in the performance of assigned work duties must be reported immediately to the applicable Facility Manager and the Contract Manager.

k. (1) Liability Insurance: The Vendor shall not commence any work until they have obtained the following types of insurance. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Military Affairs, Procurement Office, Attention: John Connor, 82 Marine Street, St. Augustine, Florida 32084 within ten (10) days after the ending date of the period for posting the intended award decision.

(2) The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $100,000.00 per person and $300,000.00 each occurrence, and property damage insurance of at least $100,000.00 each occurrence, for the services to be rendered in accordance with this contract.

(3) All insurance policies shall be with insurers qualified and licensed to do business in the state of Florida. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to DMA.

1. The Contractor must have the ability to provide a variety of reporting information that may become necessary during the contract term. This shall include at a minimum, a list of contract workers currently provided to DMA through this contract; individual wage reports; history of wage increases with hiring date, monthly and annual reporting requests, etc.

m. The Contractor will provide a company Point of Contact (POC) or an account manager to ensure effective communications with the DMA Contract Manager or his designee. This information shall include a name, business telephone number, cell phone number, if applicable, and an email address.

1.5 DMA Contract Manager Responsibilities: The Contract Manager, or his designee, will initiate communication with the Contractor to identify contract worker requirements and determine the appropriate job class title to be used based on the duties and responsibilities provided by the Program Manager (end user).

The Contract Manager, or his designee, will provide the approved form 684 (Request for Temporary Staffing) authorizing contract worker requirements. The DMA will not accept responsibility for staffing placement without the approved form 684, excluding official State emergencies. Deviations from this process (on a case-by-case basis) shall be agreed upon by the Contract Manager and Contractor.

The Contract Manager, or his designee, will monitor contractor performance. This is not to be misconstrued as contract worker performance. This will include monitoring of the Contractor' s timely response to new staffing requests, Contractor' s ability to provide supervision/monitoring of assigned contract workers, Contractor' s ability to handle contract worker disputes, Contractor' s ability to provide timely reporting requirements, and ability to provide ongoing communications with DMA end users.

The Contract Manager reserves the right to have contract workers relieved of further service under this contract at the discretion of DMA for incompatibility with duty or assignment. No other reason need be given.

1.6 Pay ClassificationsN endor Fees/Overhead/Compensation: DMA will coordinate and provide the contractor, through the completed form 684, with the information needed for each contract worker assigned in accordance with Appendix A of this contract. This rate, along with the rate bid value/percentage, is the authorized billing amount for an individual. The contractor' s compensation will be their set value/percentage added to that rate. Example:

Pay #of Workers Bid Value Staffer Rate Per hours Pay (Gross Percentage Name Title Hour worked Pay) 15% Total Billed John Doe Stock Clerk $11.54 40 $461.60 $69.24 $530.84 Jane What Admin. Asst. $13.50 40 $540.00 $81.00 $621.00

Overtime will be paid to contract workers when they are required to work in excess of 40 work hours during a regular work pay period. All overtime must be approved by the requesting end user unless of an emergency. Overtime will be paid in accordance with the Fair Labor Standards Act (FLSA) on the basis of 1.5 times the assigned contract worker's hourly rate and FLSA work schedule. The overtime rate will not affect the Contractor's value/percentage rate.

The DMA facilities are somewhat unique in that the Agency has a variety of work schedules. The majority ofDMA administrative offices work an Alternate Work Schedule (AWS), whereas every other Monday is a non-working day. The AWS pay period is unique in that it begins and ends at noon every other Monday. The Contractor must have the flexibility to accommodate this unique pay period.

The various work schedules will be discussed at the mandatory briefing. DMA and the Contractor shall coordinate to ensure FLSA criterion is met.

1.7 Assignment Responsibilities: The table below serves as a general listing of the various responsibilities associated with temporary staff job assignment. This table defines routine responsibilities for all temporary staff assignments.

Assignment Responsibilities

DMA Program Manager Vendor/Contractor Vendor/Contractor's (End User) Assi2ned Contract Worker

a. Assign Tasks to be accomplished and a. Ensure contract worker reports a. Report to assigned work area at provide instruction when necessary. ready to work, at the time and place the specified time ready to work.

specified. Dress business casual, unless

b. Monitor Performance of assigned otherwise directed.

tasks and provide project oversight. b. Provide services including but not limited to hiring, firing, counseling, b. Report notifications and/or

c. Provide necessary tools to reprimands, and staffing absences. communications of leave or accomplish assigned tasks. (Includes absences to the Vendor/Contractor but is not limited to obtaining access c. Provide and conduct follow-up and the Project Manager.

badge, Computer Access Card (CAC), assessment with end-users to ensure and automation requirements. that all contract workers are c. Complete tasks assigned by performing satisfactorily. Program Manager.

d. Verify time recorded on timecard/timesheet is accurate, and d. Provide notification/ d. Complete and sign time certify with signature of hours worked. communications of contract worker card/timesheet, recording hours and Provide a copy of timecard/timesheet to leave/projected absences to Program dates worked.

the Contract Manager upon request. Manager.

e. Obtain necessary signature for

e. Monitor scheduling of hours worked e. Replace, within one week of certification of hours worked.

to comply with Fair Labor Standards notification, at no expense to DMA, Act (FLSA) rules to control overtime. any contract worker not performing satisfactorily.

f. Identify contract workers that need to f. Submit time card/sheet to be classified as "Exempt" status. Vendor/ Contractor for payment processing.

1.8 Invoicing and Payment: The Contractor shall submit monthly invoices, in arrears of services provided, in a format acceptable and approved by the DMA Contract Administrator, in coordination with the Finance and Accounting office, satisfying State finance requirements. Invoices shall list the employees' name, job title, hourly rate, number of hours worked and a separate line item for the contracted administrative fee times the actual number of hours billed for that employee and a copy of the signed time card/sheet. The invoice shall contain the Contract number and the vendor identification number.

No payments will be made in advance.

Payment shall be made in accordance with 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to the Contractor due to preparation errors will result in a delay in payment.

1.9 Performance and Consequences: The Contractor is required to have frequent communication and to closely coordinate with the DMA's Contact Manager to ensure the quality of the service being provided is resulting in the overall program objectives and incorporates any state and/or federal mandates during the life of the contract.

In the event the contractor fails to meet the minimum level of service identified in the Statement of Work, DMA will not pay invoices until the services are satisfactorily completed.

1.10 Special Considerations

1.10.1 All submittals, meeting minutes, correspondence, and reports are to be held in the strictest confidence. The release of information (written, electronic, or verbal) pertaining to any aspect of the resultant contract is not to be released to the public without written permission from the DMA Contract Manager.

1.10.2 The Contractor and its employees shall cooperate with the DMA and shall carry out their work in a manner as not to hinder, delay or impede the work process.

1.10.3 IfDMA should at any subsequent time hire any of the employees under this contract on its own payroll, the successful vendor hereby waives all rights to and requirements for a payment of a fee reimbursing the bidder for damages suffered as a result of the loss of that employee, or as a loss of training and advertising invested in that employee.

ATTACHMENT A

Contract Employment Services

Vendor is to list their percentage of mark-up. The mark up will be added to the agreed upon employee, salary established by the Department of Milita.ry Affairs within the provided salary ranges identified on Appendix A by job title.

PERCENTAGEMARK-up23 %

Percentage rate will apply to the Initial Contract tenn and any renewal periods.

Acknowledgment: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder/proposer. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Company Name:...;;..K ..... e.._yS..._t ..... aff'""" ....... in ..... c..;_. -------------- FED ID#:41-1aa1214

Street Address:

5790 Dixie Bell Road

City, State & Zip Palm Beach Gardens, FL. 33418

Telephone No.B00-608-2662 Fax No. _s_61_-6_a_a_-o_75_9 ______ _

Email Address: jthoemke@mykeystaff.com

Signature.~c_4~L&~~~~==-- Date: 1011 a11

Printed n

APPENDIX A

Staffing Title, Pay Scale (Hourly Rate) and Position Descriptions

Rates & Positions Effective July 1, 2015

1. Administrative Assistant $12.00 $21.33

2. Administrative Services Manager $17.50 $65.01

3. Bookkeeping, Accounting, and Auditing Clerks * $11.00 $19.00

4. Budget Analyst $20.76 $34.27

5. Cashier * $8.05 $19.00

6. Civil Engineer $18.00 $47.41

7. Community Assistance Consultant $14.00 $28.11

8. Computer Support Specialist $14.50 $40.00

9. Construction Manager $25.04 $53.98

10. Cook $8.05 $14.62

11. Dishwasher $8.05 $11.00

12. Distributive Learning Program Manager $20.91 $45.00

13. Electrical and Electronic Equipment Assembler $10.72 $23.18

14. Emergency Management Coordinator $23.00 $39.50

15. Environmental Scientist / Environmental Specialist $14.00 $40.00

16. Equipment/Construction Specialist $15.72 $26.37

17. Assistant Manager of Retail Sales Workers * $13.20 $25.27

18. First Line Supervisor $13.20 $25.27

19. Food Preparation Worker $8.72 $11.31

20. Food Service Assistant Manager $14.00 $23.96

21. Food Service General Manager $21.32 $31.40

22. Food Service Manager * $17.59 $28.97

23. General Laborer $8.91 $13.49

24. General Manager $21.32 $36.00

25. Head Cook $13.77 $26.96

26. Janitors and Cleaners, Except Maids and Housekeeping Cleaners * $8.05 $20.00

27. Landscaping and Groundskeeping Worker $8.48 $13.90

28. Maids and Housekeeping Cleaners * $8.05 $11.28

29. Maintenance and Repair Workers, General $9.22 $20.36

30. Master Electrician $13.54 $46.00

31. Medical Assistant $10.00 $18.00

32. Office Clerk, General * $8.02 $13.02

33. Operations and Management Consultant $18.59 $32.12

34. Operations and Management Consultant Manager $20.92 $55.00

35. Recreation Attendant* $8.05 $13.00

36. Retail Store Manager * $25.43 $52.65

37. Short Order Cook $8.05 $10.60

38. Stock Clerk * $8.05 $14.64

39. Watchman $8.05 $16.00

40. Bar Manager* $8.82 $20.00

41. Residential Instructor $10.50 $20.00

42. Senior Residential Instructor $12.50 $22.00

* Titles requiring bonding.

A-2

Exhibit A identifies 42 employment categories anticipated to be used during the life of the resultant contract.

These categories may be increased, decreased or modified throughout the life of the contract as deemed necessary to accommodate DMA program needs.

1. Administrative Assistant

• Prepare invoices, reports, memos, letters, financial statements and other documents, using word processing, spreadsheet, database, or presentation software. Prepare conference and event materials such as flyers or invitations.

• Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution. Review work done by others to check for correct spelling and grammar, ensure that Agency format policies are followed and recommend revisions.

• Open, sort, route and distribute incoming…