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W28 CAA StandardrdService Agreement (LEGAL 107 CA) N-2018-044 C�Staffmark. C�pM,Q®J [O�(6 This Agreement is entered into this 22nd day of March, 2018 between Staffmark Holdings, Inc. (and /or its subsidiaries: Staffmark Investment, LLC, and Kilgore Group, Inc.; hereinafter "Staffmark") and City of Santa Ana ("Customer") whose principal place of business is located at 20 Civic Center Plaza, Santa Ana, CA 92702. Whereas, Customer has a need for supplemental personnel and Staffmark is a leading supplier of such personnel to business, in consideration for mutual promises contained herein, the parties agree as follows: • Rates: Rates and Customer specific terms for services are contained in the Service Investment (attached and incorporated by reference). Any job classifications or professional positions not listed will be discussed as they arise and are mutually agreed upon by the parties. • Pre -Screening: Information for pre-screening is contained in the Service Investment (attached and incorporated by reference). Any pre-screening not listed will be discussed on an individual basis. • Warranty: Staffmark warrants that it is an independent contractor and its employees are covered by workers' compensation. Staffmark assumes responsibility for all applicable federal, state, and local withholding taxes, unemployment taxes, social security, and any other payroll charges payable to Staffmark employees. If Customer is dissatisfied with any employee assigned to Customer by Staffmark-, notify Staffmark within the first 4 hours worked by that employee and Customer will not be charged for employee's time. (In some states, (OH, PA, CT, WV etc.), Services are subject to sales tax, unless appropriate exemption forms are provided to Staffmark.) • First Aid: As a Customer with Staffmark, you shall provide adequately trained person(s) to render first aid, or a first aid responder for all temporary employees assigned to Customer's facilities. First aid supplies will be made readily available to all Staffmark temporary employees assigned to Customer's facilities. • Compliance with Laws: Customer and Staffmark agree to abide by all applicable local, state, and federal laws in performance of this Agreement. Customer agrees that Staffmark employees will be supervised by Customer when on assignment for Customer. The parties agree to comply with federal, California, and local wage and hour laws, rules, and regulations, including but not limited to, all requirements relating to meal and rest periods. If the Customer mandates that Staffmark employees track hours worked in Customer's time keeping system, or mandates that Staffmark employees use a third party system to track hours worked, such as a Vendor Management System, Customer agrees to supply Staffmark with all time detail, including records of all hours worked and meal periods taken each day by Staffmark employees, on a weekly basis. Customer is responsible for ensuring that Staffmark employees take all required meal periods, rest breaks, and/or other mandated breaks in a timely manner, where required to do so by law, regulation, ordinance or statute, while on assignment to Customer. • Relationship of the Parties: Because Staffmark is an independent contractor, all temporary employees are employees of Staffmark and Staffmark retains the right to hire and fire its employees. It is the intent of the Parties that Staffmark is the common law employer of its temporary employees. Customer has the right to ask Staffmark to remove any Staffmark employee for any lawful reason. Customer agrees that no Staffmark employees will operate any vehicle (auto, forklift, heavy equipment, etc.) or machinery (other than office machines) without a job description acknowledging this to Staffmark and that Customer's insurance shall be primary for such operation. Customer agrees not to materially switch a Staffmark employee's job assignment without first notifying Staffmark. Customer accepts responsibility for bodily injury (except direct workers' compensation claims to Staffmark employees), property damage, fire, collision, or other liabilities caused by the actions of any Staffmark employee while under customer's supervision. Customer agrees and warrants to Staffmark that it will maintain compliance with OSHA or state -specific required site- specific training and other mandated safety requirements. All injuries to temporary employees known to Customer or Staffmark will be promptly reported to the other party. Staffmark shall report the necessary details of the injury or illness to the Customer for record keeping purposes. No Staffmark employee may handle cash, negotiable, or other valuables without the express, written consent of Staffmark. Customer represents that all Customer screening requirements are job-related. • Safety: Customer agrees to supply a reasonably safe work environment for Staffmark employees. Customer agrees to indemnify and hold harmless Staffmark from any costs, penalties, or judgments that may result from a Customer's safety violation or intentional tort that imposes costs or expenses to Staffmark. • Timesheet: Staffmark's employee may present a timesheet to Customer or Customer's representative for Customer verification and signature at the end of every work week or the Customer may use InView. If using a timesheet, Customer's signature on the timesheet indicates approval and acceptance of hours worked as indicated on the timesheet. Staffmark will invoice Customer weekly for total hours worked either from the timesheet or from InView. Customer acknowledges that Customer is responsible for two hours time if Staffmark is not notified of an assignment termination prior to start of the assignment. If Customer does not sign timesheets or uses Customer's own time reporting system, or uses InView, Customer agrees to pay based on said system, subject to these terms and conditions contained herein. Issues By Issue Date Revision Date Form # Page 1 of 3 Legal 02/13/2017 09/06/2017 Legal 107 CA