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HomeMy WebLinkAboutItem #08 Approval of Public Works Temporary Unskilled Labor Service Cen ter of Good Lr ��n n OCOER AGENDA ITEM COVER SHEET Meeting Date: January 4, 2011 Item # Reviewed By: Contact Name: Stephen C. Krug Department Director: /�� Contact Number: 6002 City Manager: Subject: Public Works Temporary Unskilled Labor Service. Background Summary: Public Works has historically utilized temporary labor in our Sanitation Division to supplement our Team Members on the rear -load collection trucks. Other Public Works Divisions utilize temporary labor only as needed and in emergency situations. The City currently does not have a contract with a particular temporary labor service. Public Works is proposing to utilize MDT Personnel (formerly known as Able Body Labor) by piggy backing off of their existing Orange County Contract Y9 -1071. Public Works contacted all of the local temporary staffing agencies and only MDT Personnel was able to provide the required liability coverage to perform the requested work along with an existing contract with another government agency that we are able to utilize. Public Works recommends awarding the unskilled temporary labor service to MDT Personnel through piggy- backing off of Orange County Contract Y9 -1071. Issue: Request the City Commission to approve the Public Works temporary unskilled labor service with MDT Personnel. Recommendations Recommend approval to issue a purchase order to MDT Personnel to provide temporary labor service to the Public Works Team based on the Orange County Contract Y9 -1071, for a not to exceed amount of $85,000.00 annually. Attachments: MDT Personnel proposal & insurance certificates. Orange County Contract Y9 -1071. Financial Impact: The dollar amounts for temporary unskilled labor are adequately funded in the Public Work's Division budgets. Type of Item: (please mark with an "x') Public Hearing For Jerk's Dept Use: Ordinance First Reading V Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney p N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 Trade Names: moT 17757 US 19 N_, Suite in• • Able Body Labor Clearwater, FL 33764 • Craftsmen Can Call C • i Labor Network'" Ph: (727) 724 -2600 • PreferAble HQ • PreferAble Staffing www.mdtpersonnel.com • RTC Staffing • USL &H Staffing December 2, 2010 The following is our bid to provide temporary workers to City of Ocoee. We are aware of the requirements necessary in filling these positions to your satisfaction, and as further evidence of our commitment and preparedness, our rates include the following: • Workers' Compensation coverage • General Liability insurance • Professional Risk Management team • Safety equipment and programs • Jobsite transportation • 5 panel drug test • All payroll related taxes • Background Check • Daily /Weekly Pay capabilities • 24 Hour Emergency Response Solid Waste Labor (gunslingers) $11.25 We look forward to serving your temporary staffing needs. Should you have any questions just give me a call at 407 -467 -8286. Sincerely, Charlene Spradlin National Sales Manager MDT Personnel 407 - 467 -8286 Trade Names: 17757 US 19 N., Suite 660 • Able Body Labor Clearwater, FL 33764 O T1DT • Craftsmen On Call PERSOIMEL • i Labor Network'"" Ph: (727) 724 -2600 • PreferAble HQ • PreferAble Staffing www.mdtpersonnel.com • RTC Staffing • USL &H Staffing December 6, 2010 To whom it may concern, MDT Personnel gives the City of Ocoee permission to piggyback off our Orange County contract # 1071 Sincerely, Charlene Spradlin National Sales Manager MDT Personnel 407 - 467 -8286 Piggyback of Contract Y9 -1071 Page 1 of 1 Simmons, Bill From: Elaine.Walker @ocfl.net Sent: Monday, December 06, 2010 2:50 PM To: Simmons, Bill Subject: Piggyback of Contract Y9 -1071 Mr. Simmons, Orange County is agreeable for the City of Ocoee to piggyback our contract Y9 -1071 for temporary unskilled labor with Professional Staffing — ABTS, Inc. d/b /a Able Body Labor. Maine Walker Phone: (407) 836 -5664 Fax: (407- 836 -5899 PLEASE NOTE: Florida has a very broad public records law (F. S. 119). All e -mails to and from County Officials are kept as a public record. Your e -mail communications, including your e -mail address may be disclosed to the public and media at any time. 12/6/2010 MDT PERSONNEL LLC DATE: December 3, 2010 TO: Accounts Payable / Certificate of Insurance Dept FAX #: FROM: Insurance Dept. RE: Certificates of Insurance for MDT PAGES: 5 (including cover sheet) Please find attached the certificates of insurance you have requested for MDT Personnel with a copy of MDT's W 9 Thank you for your patience and understanding. • Insurance Department • P.O. Box 5790 • Clearwater, FL 33758♦ 727 - 772 -7412 Fax -- T ® DATE (MMIDDIYYW) ACORC3 CERTIFICATE OF LIABILITY INSURANCE `,,----- 12/2/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 1s an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Insurance Office of America _ CONTACT NAME: 4915 W. Cypress Street, Suite 100 PHONE (Aic. No. Ex1): 813- 637 -8877 FAX (AJC, Nol; 813- 637 -8484 . Tampa, FL 33607 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL 1 www.ioausa.com INSURERA: National Union fire Insurance Company INSURED MDT Personnel, LLC INSURERS: _ __..._ 17757 US 19 North, Ste 660 INSURER C : Clearwwater FL 33764 - INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 8898219 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE INRR SWVD POLICY NUMBER IMM /DD IMM/DDTY'YYY) LIMITS A GENERAL LIABILITY SSL4257674 9/1/2010 9/1/2011 EACHOCC�URRENCE $ 1,000,000 I vi COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrrrence) $ 300,000 CLAIMS -MADE I ✓ OCCUR MED EXP (Any one person) $Excluded PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 — 1 POLICY n JECT f LOC $ AUTOMOBILE LIABILITY COMBINED accciden) SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ — ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS . AUTOS NON-OWNED D PROaccolenlpAMAGE HIRED AUTOS $ .. AUTOS ((Per �desnn !! $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED 1 , RETENTION$ $ $ $ WC STATU- WORKERS COMPENSATION I TORY LIMITS I I QTLi tr AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE IY I N / A E.L. EACH ACCIDENT $ W OFFICEMEMBER EXCLUDED? i (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Only those employees rented from MDT Personnel, LLC per work order or written contract 30 Days /10 Days Non - Payment of premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION Maguire Rd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ocoee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 301 Maguire Rd Ext ACCORDANCE WITH THE POLICY PROVISIONS. Ocoee FL 34761 AUTHORIZED REPRESENTATIVE .'"e-'—'-'--TS—,--- (TPA) Herman Peery ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 8098219 Karen Terrell 12/2/2010 12:35:21 PM Page 1 of 1 ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(M WO DJYYYY) Al BSMVI1011201011090 12/2/2010 PRODUCER ATCIITYay Insurance Services, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 370 Commerce Drive, Suite #102 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Washington, PA 19034 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 610) 719-0838 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Al Arch Insurance Company Allegiant Professlonal Business Services, Inc. S/C/F INSURER B: MDT Personnel LLC 1590 S. Lewis Street INSURER C: _ Anaheim, CA 92805 INSURER D: 719 300 -0500 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �T� IRBIL LTR N ERD TYPE OF INSURANCE POLICY NUMBER UATE IM M1 R P DATEIM 1 / 1 N LIMITS I EACH OCCURRENCE $ GENERAL LIABILITY G DAMAGE 10 RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ CLAIMS MADE 1 1 OCCUR MEDEXP (My onapeteen) $ A V INJURY _ PERSONAL6 D 8 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/0P AGG $ — 1 POLICY ri in-i. LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Eaacdden1) ANYAUTO - ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Perecddenl) NON - OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY• EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO - I ANYAUTO 1 s EXCESSIUMSRELLAL!ABILITY EACH OCCURRENCE $ — 1 OCCUR I I CLAIMS MADE AGGREGATE _ $ $ I DEDUCTIBLE — $_ RETENTION $ X WCSYATU- I OTH• WORKERS COMPENSATION AND TORY I!KITS ER A EMPLOYERS' LIABILITY ZAWC19199300 2/28/2010 2/28/2011 E.L. EACH ACCIDENr $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE! $ 1000000 tlyyees d esor lbeu nder E.L. DISEASE. - POLICY LIMIT $ 1000000 SPECIAL. PROVIS below OTHER DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Coverage is afforded to temporary slaffed employees placed with MDT Personnel, Li,C Effective: September 8, 2010. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Ocoee DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAO 0 DAYS WRITTEN 301 Maguire ILd Ext NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LETT. BUT FAILURE TO DO SO SHALL Ocaec FL 34761 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J1 ll ACORD 25 (2001!08) AMID CORPORATION 1988 Form W -9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester, Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) MOT Personnel, LLC ro Business name. if d tferenl from above Check appropnale box: ❑ Individual Sole proprietor ❑ Corporation ❑ Partnership Exempt VD i Limited liability company. Enter the tax classification (0_ disregarded entity. C =corporation. P =partnership) ► .I3 - - ❑ P payee D 2 ❑ Other (tee nelrucliont) ► -- -- Address (number, street, and apt. or suits no) Requester's name and address (optional) a u 17757 US 19N, Ste 660 u City. state. and ZIP code to Clearwater, FL 33764 _ List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For Individuals, this is your social security number (SSN). However. for a resident • • alien, sole proprietor. or disregarded entity, sea the Part I Instructions on page 3. For other entities, it Is - -- your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or ideneftcetlon number Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose Employer e number to enter. 27 3363340 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number or I am wafting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) That I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notilied me that I am no longer subject to backup withholding, and 3• I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest end dividends on your tax return. For real estate transactions. item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructto age 4. Sign Signature of Here u.s. person ► • Date ► General Instructions Definition of a U.S. person. For federal tax purposes. you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless • An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. • A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the Stales, IRS must obtain your correct taxpayer Identification number (TIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701 -7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. Trade or business in the United States are generally required to Use Form W -9 only it you are a U.S. person (including a pay a withholding tax an any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner Is a foreign person, and pay the withholding tax. waiting for a number to be issued). Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S, status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States Is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W -9. • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231% Form W -9 (Rev. i0 -2007) Able Body Labor and MDT Personnel, LLC and ORANGE COUNTY, FLORIDA NOVATION AGREEMENT This agreement is made and entered into this 23 day of September, 2010, by and between the Able Body Labor ( "Transferor "), a corporation duly organized and existing under the laws of Florida with its principal office in Orlando, FL ; MDT Personnel, LLC ( "Transferee "), (if appropriate add "formerly known as Able Body Labor ") an LLC duly organized under the laws of Pennsylvania with its principal office in Clearwater, FL and ORANGE COUNTY, a charter county and political subdivision of the State of Florida ( "County "). September 23, 2010 WITNESSETH: WHEREAS, the County has entered into certain contracts with the Transferor, namely (all are for Temp Labor)Y6 -1083A -Cony. Ctr/ Y8 -1123- Animal Svcs/ Y9 -1071A -Solid Waste /Y9 -196- Food Svc ; and WHEREAS, the term "Contracts," as used in this agreement, means the above contracts and purchase orders and all other contracts and purchase orders, including all modifications, made between the County and the Transferor before the effective date of this agreement, and includes all modifications made under the terms and conditions of these contracts and purchase orders between the County and the Transferee, on or after the effective date of this agreement; and WHEREAS, as of September 1, 2010, the Transferor has transferred to the Transferee all assets of the Transferor by virtue of an Asset Purchase and Sales Agreement; and WHEREAS, Transferee has acquired all the assets of the Transferor by virtue of the above transfer; and • WHEREAS, Transferee has assumed all obligations and liabilities of the Transferor under the contracts by virtue of the above transfer; and WHEREAS, by execution of this Novation Agreement, Transferee agrees that it shall fully perform and hereunder be liable for all obligations that may exist under the contracts; and NOW, THEREFORE, in consideration of the promises contained herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Transferor confirms the transfer to the Transferee, and waives any claims and rights against the County that it now has or may have in the future in connection with the Contracts. 2. The Transferee agrees to be bound by and to perform each Contract in accordance with its terms and conditions. The Transferee also assumes all obligations and liabilities of, and all claims against, the Transferor under the Contracts as if the Transferee were the original party to the Contracts. 3. The Transferee ratifies all previous actions taken by the Transferor with respect to the Contracts, with the same force and effect as if the Transferee had taken the action. 4. The County recognizes the Transferee as the Transferor's successor in interest in and to the Contracts. The Transferee, by this agreement, becomes entitled to all rights, titles, and interests of the Transferor in and to the Contracts as if the Transferee were the original party to the Contracts. Following the effective date of this agreement, the term "Contractor" or "Vendor," as used in the Contracts, shall refer to the Transferee. 5. Except as expressly provided in this agreement, nothing in it shall be construed as a waiver of any rights of the County against the Transferor 6. All payments previously made by the County to the Transferor, and all other previous actions taken by the County under the Contracts, shall be considered to have discharged those parts of the County's obligations under the Contracts. All payments made by the County after the date of this agreement in the name of the Transferor shall have the same force and effect as if made to the Transferee, and shall constitute a complete discharge of the County's obligations under the Contracts to the extent of the amounts paid. 7. Neither the Transferor nor Transferee shall pledge the County's credit or make it a guarantor of payment or surety for any contracts, debt, obligation, judgment, lien, or any form of indebtedness. Transferor and Transferee further warrant and represent that they have no obligations or indebtednesses that would impair their ability to fulfill the terms of this agreement. 8. The Transferor and the Transferee agree that the County is not obligated to pay either of them for, or otherwise give effect to, any costs, taxes, or other expenses, or any related 2 increases, directly or indirectly arising out of or resulting from the transfer or this agreement, other than those that the County in the absence of this transfer or this agreement would have been obligated to pay or reimburse under the terms of the Contracts. 9. The Transferor guarantees payment of all liabilities and the performance of all obligations that the Transferee — a. Assumes under this agreement; or b. May undertake in the future should the Contracts be modified under their terms and conditions. The Transferor waives notice of, and consents to, any such future modifications. 10. The Contracts shall remain in full force and effect, except as modified by this agreement. Each party has executed this agreement as of the day and year first above written. ORANG f , , NTY, FLORID • By• AK / A //, ohn •. Ri ans'n, CPPO, F Titl,r ' Manager, Purchasing and Contracts Div. Date: 6!y 2c3 —. ) - b Professional . ff g dba • ble Body Labor By: 41111109:411111° Title:Executive VP Date: 9/23/10 �►��t�lIli11■ �� "f i�""1♦ New Title:Director of Operations Date: 9/23/10 I 3 CERTIFICATE 1, Nettie Croy, certify that I am the Operations Administrator for Able Body Labor, that Dave Gerstner who signed this agreement for ' corporation, g his c rporation, was then Director of Operations of this corporation; and that this agreement was g as duly signed for and on behalf of this corporation by authority of its gove ing body and within the scope of its corporate powers. Witness my • . • • sea : s - • October 1, 2010. y: (C—orp� NA CERTIFICATE I, Nettie Croy, certify that I am the Operations Administrator of MDT Personnel, LLC, that Dave Gerstner, who signed this agreement for this corporation, was then Director of Operations of this corporation; and that this agreement was duly signed for and on behalf of this corporation by authority of its governing body and within the scope of its corporate powers. Witness my hand • • • seal of thi • • i o n : _ • - 1, 2010. 1411111k if By: zump, _ _ ,„,aprin am (Corporate-Sea-4-NA S: \CHawkins\MISC Novation Sample - No Surcty.rtf (08/30/05) 4 ESTOPPEL CERTIFICATE To: Board of County Commissioners. Orange County, FL, its successors and/or assigns Re: Contract Namc(s): YO-1083A Temp Labor- Skilled Maint. at Convention Ctr, Exp 8/6/11 Y8-1123 Temp Labor - Animal Services Exp 8/14/11 c lr9 -107] A 'Temp Unskilled Labor- Solid Waste Exp. 9/13/11 Y9-196 . Iop l abui - Food Sen ice;' J? -1;22/11 Between: Professional Staffing dba Able Body Labor and Orange County, Florida Gentlemen: The undersigned, Able Body Labor. a corporation duly organized and existing under the laws of Florida ( "Transferor "), has or is about to transfer all of its assets to MDT Personnel, LL.C. a corporation duly organized and existing under the laws of Pennsylvania ("Transferee"). Orange County, Florida ( "County ") has entered into certain contracts with the Transferor. namely Able Body Labor. The term "Contracts," as used in this certificate, means the above contracts and purchase orders and all other contracts and purchase orders. including all modifications made between the County and the Transferor before September 23, 2010. The County has requested that the Transferor deliver this Estoppel Certificate to the Transferee. The Transferor. as a party to the Contracts. hereby certifies to the Transferee. it successors. and assigns. as of the date hereof as lollows: I. The Contracts are in full force and effect (or the Contracts have expired). The Contracts have not been amended, modified or supplemented. except as follows (if none, state none): None The Contracts, as amended (if amended), represents the entire agreements between the Transferor and the County. 2. The amount the County or Transferor has paid or is currently paying under the Contracts is.6,0t'1i y(,.t023 - *5i8, 755. 'yq- tb n <t 12, ° Y8 L Z-3 -IS iit7ial L(q_ 1gG, % to 1, p , ��r� 3. The commencement date of the Contracts was April, August, September 2006, and the Contracts terminate on April. August September of 2011. The County has the following renewal or extension options (if none, state none): None 4. No default on the part of Transferor or County exists tinder the Contracts. No event that with the giving of notice or the passage of time. or both. that would constitute a default h� Transferor or County under the Contracts has occurred. The County has no offset. defense, deduction or claim against "Transferor. 5. The County has not assigned, sublet or transferred its interest in the Contracts. or any part thereof. 6. No bankruptcy or insolvency proceedings are pending by or against the County. 7. There is no outstanding material dispute of any nature between the County and the Transferor with respect to the Contracts. The statements contained herein may be relied upon by Transferee and Transferee's assigns. The undersigned person hereby certifies that he or she is duly authorized to execute and deliver this Estoppel Certificate on behalf of Transferor. DATED this 29 day of September , 2010. TRANSFEROR P; ssi01 fena Staff - g �' A s abou r Name: Chris Mongelluzzi Title: Executive VP S: \CHawkins \MISC \Estoppel Sample.rtf (08/19/05) 2 AFFIDAVIT STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared Dave Gerstner who upon being sworn deposed and stated as follows: 1. My name is Dave Gerstner and I am employed by Able Body Labor ( "Transferor ") in the position of Director of Operations. I have signed this affidavit for the Transferor and certify that this affidavit was duly signed for and on behalf of the Transferor by authority of its governing body and within the scope of its corporate powers. I have personal knowledge of the matters stated in this affidavit. I am above the age of 18 years. 2. The Transferor has entered into subcontracts with subcontractors and /or suppliers under the "Contracts," as this term is used in the Novation Agreement entered into on September 23, 2010 by and between the Transferor, Able Body Labor and Orange County, Florida. 3. Among said subcontractors and/or suppliers, the following one(s) have either not been paid or have been partially paid for their goods and /or services under the Contracts: Y6- 1083A/ Y8 -1123/ Y9- 1071A1 Y9 -196 (all for Temp Labo OIL FURTHER AFFIANT SAYETH N t =` 1 i� (S ignature) .� Dave Gerstner (Printed Name) STATE OF FLORIDA COUNTY OF Pinellas SWORN TO AND SUBSCRIBED before me this 29 day of September, 2010 by Dave Gerstner, who is X personally known to me or ❑ produced as identification: (NOTARY SEAL) Notary Public Signature L NETTIE CROY L. Nettie Croy =• • ' : MY COMMISSION # 00975209 (Name typed, printed or stamped) �• EXPIRES March 28, 2014 Notary Public, State of Florida ( 407) 98 -0153 FIarldaNgMySe4V sCom Commission No.: DD975209 My Commission Expires: March 28, 2014 S:\CI Iawkins \MISCfransfcror Affidavit.rtf (08/19/05)