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Home My WebLink AboutSTAFFMARK HOLDINGS INC.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 N-2018-044 CA Standard Service Agreement (LEGAL 107 CA) • Invoicing: All Invoices are due net upon receipt, any invoice paid later than 30 days will be subject to a 1 ^/ % monthly charge. Consistently paying beyond 30 days may necessitate an increase in bill rate. In the event that Customer files bankruptcy, both Staffmark and Customer agree that any unpaid compensation earned within 90 drays of the bankruptcy filing date shall be treated as, and given the priority of, wages, salaries and commissions under 11 USC, Section 507(3). Customer also agrees to pay all costs that Staffmark Incurs to collect any unpaid amounts overdue, including, without limitation, reasonable attorney fees. Late payment is considered a material breach of this Agreement and allows Staffmark to immediately terminate this Agreement and all work assignments, if not cured within 48 hours. • Overtime: Legally required overtime will be paid atone and one-half times the base pay rate. • Hiring of Staffmark Employees: Customer may hire any Staffmark employee after said employee has worked 520 hours on assignment for Customer and Customer pays a $0.00 per employee administrative fee. Customer acknowledges the importance of Staffmark's employees to the operation of Staffmark and agrees (subject to any agreed upon buy-out of employees by Customer above) that if will not utilize or employ any Staffmark employee or hire any Staffmark employee through any other supplier, service, or leasing company, for a period of twenty-six weeks after the date of the employee's last time sheet from assignment at Customer through Staffmark, without consant In writing from Staffmark. Customer agrees that If Customer desires to utilize or employ any Staffmark employee, or hire any Staffmark employee through any other supplier, cervica, or leasing company, on a permanent or temporary basis, the employee will remain on Staffmark's payroll for a minimum of an additional twenty-six weeks from the date of the notification in writing or, in the alternative, the Customer will pay Staffmark the sum of three thousand dollars to compensate Staffmark for the loss of each employee. (Technical and professional temporary employees, however, have a higher buyout, based upon salary level and specific job assignment.) • Survival and Pleadings: Any section that by its nature should survive termination of this Agreement, shall survive termination of this Agreement. Headings of sections are for reference only and shall not be considered In the Interpretation of this Agreement, • Saverabil'rty: A ruling by any court that one or more of the provisions contained in this Agreement is invalid, Illegal or unenforceable in any respect shall not affect any other provision of this Agreement so long as the economic or legal substance of the transactions contemplated hereby Is not materially affected. Thereafter, this Agreement shall be construed as If the invalid, illegal, or unenforceable provision had been amended as originally contemplated by this Agreement to the greatest extent possible. • Tenor: Thrs Agreement shall be ongoing (unless cancelled by either of the parties hereto upon thirty (30) days, written notice to the other during the time of the Agreement). All prices are firm (subject to consistent pay history) unless changes occur in state, federal, local laws, regulations, rules, taxes, sick leave mandates, health mandates, unemployment, or workers' compensation, which would affect Staffmark's cost of doing business. Pricing is based upon the following, payment options: ACH, electronic funds transfer, and/or payment by check (If payment method changes, such as with the use of a Vendor Marragament System or other payment options, Customer agrees to cover any increased cost to Staffmark). • Miscellaneous Provisions; All travel must be pre -approved by Staffmark. This Agreement contains the entire agreement of the parties. The terms of this Agreement shall not be construed against any Party as the drafting party. This Agreement shall by governed by the laws of the state whore the services are provided, Any sections that by their nature should survive this Agreement, shall survive this Agreement. Customer gives Staffmark permission to contest Customer (including promotional emails). Agreed to by: L �"�• - mac_.+ ♦ rffmark Representafo-ve Signature Print Name Title 1 r Signed in Counterpart Customer Company Representative Signature .._._....__ ,...,._ _ Print Name Title Date Issues BJ Issue Date Revlserr [crate Form # Page 2 of 3 LsgaP 020MU77 08/06/2017 t,e981107 CA CA Standard Service Agreement (LEGAL 107 CA) N-2018-044 Stark. Service Investment All pricing is confidential and proprietary to Staffmark: Customer agrees not to disclose pricing information to any third party. Positions 1 Hourly Bill Rate -- -----1--- — --- -- ----i Clerical / Office $ • All other positions will be quoted on an individual basis. • The mark-up from Staffmark includes the cost of Staffmark's Affordable Care Act compliance. • Customer has the option to hire employees onto their payroll before 720 hours are complete for a calculated buyout fee. • Staffmark will recruit, screen and qualify candidates. • Customer has completed and signed Staffmark's Customer Background Screening Requirements (RM 081) and warrants that Customer's screening criteria are job-related and consistent with business necessity. The Parties agree that no background check is 100% accurate. • Employees are provided with an orientation and overview of job expectations. • Customer has the option to terminate an assignment due to change in business demands or performance issues. Employee is placed on assignment with no firm promise of full time employment. • Rates include Workers Comp, Unemployment, State, Federal and Local Taxes. Agreed to by: Signed in Counterpart Staffmark Representative Signature Print Name Title Date �Q� N Customer Compan presentative Signature Print Name Title d wmr 3,2%, 2�1� Date Copyright 2015 Staffmark, All rights reserved. Staffmark is committed to providing equal employment opportunity for all persons regardless of race, color, religion, sex, sexual orientation, gender identity, age, marital status, national origin, citizenship status, disability or veteran status. AMOM AS TIOMM -- M. ]Foolk, Aaitte®tCiry Attorney Issues By Issue Date Revision Date Form # Page 3 of 3 Legal 02/13/2017 09/06/2017 Legal 107 CA N-2018-044 CA Standard Service Agreement (LEGAL 107 CA) Service Investment All pricing is confidential and proprietary to Staffmark: Customer agrees not to disclose pricing information to any third party. Positions ClehcM / Office Hourly Bill Rate $ • All other positions will be quoted on an individual basis. ® The mark-up from Staffmark includes the cost of Staffmark's Affordable Care Act compliance. • Customer has the option to hire employees onto their payroll before 720 hours are complete for a calculated buyout tee. m Staffmark will recruit, screen and qualify candidates. ® Customer has completed and signed Staffmark's Customer Background Screening Requirements (RM 091) and warrants that Customer's screening criteria are job-related and consistent with business necessity. The Parties agree that no background check is 100% accurate, ® Employees are provided with an orientation and overview of job expectations. • Customer has the option to terminate an assignment due to change in business demands or performance issues. Employee is placed on assignment with no firm promise of full time employment. • Rates Include Workers Comp, Unemployment, Stale, Federal and Local Taxes. Agreed to by: St'bffmark Representative Signature Print Name Title Date Customer Compan� presentative Signature Print Name Title t Date Copyright 2616 Staffmark, All rights reserved. Siafimark is committed to providing equal employment opportunity for all persons regardless or rave, color, religion, sex, sexual orientation, gender identity, age, marital status, national origin. citizenship status, disability nrveleran status. ATTESTti Signed in Counterpart MARIA D. HUIZAR CLERK OF THE COUNCIL Issues ay Issue Daae Revision Data Form # Page 3 of 3 Legal 0211312017 M10612017 Legal 107 CA