HomeMy WebLinkAboutA6251 - SELECT STAFFING TEMPORARY STAFFING AGENCY timselect
STAFF I N G® Standard Client Service Agreement
EXTRA-MILE SERVICE
This agreement is made this 9 day of July,Year 2012, by and between Koosharem, LLC and its subsidiaries d/b/a Select Staffing
(hereinafter referred to as"Select Staffing")and
Name: City of Palm Springs Client No.:
Address: 3200 E.Tahauitz Canyon
City:Palm Springs State: CA Zip: 92663
Type of Business: ❑ Sole Proprietorship ❑ Partnership ❑ Corporation ❑ LLC ® Other: GovernmentAgencv
(hereinafter referred to as"Client").
Only upon request of Client Select Staffing agrees to provide, and Client hereby agrees to subscribe for, the services of
Associates employed by Select Staffing (hereinafter referred to as "Associates") and other ancillary services provided by Select
Staffing, including, but not limited to personnel placement, upon the following terms and conditions:
A. Select Staffing's Responsibilities:
1. Select Staffing will recruit, screen and hire Associates for assignment at Client's place of business in accordance with the job
requirements and job descriptions provided by Client.
2. Select Staffing's screening process does not routinely include all forms of drug testing and background checking. Select
Staffing will, for an additional fee, perform or obtain legally-permissible drug testing and background checks of prospective
Associates.
3. Select Staffing will ensure that an Employment Eligibility Verification form (1-9) is completed for each Associate assigned at
Client's place of business. Select Staffing will retain these forms.
4. Select Staffing will maintain all personnel files and payroll records for its Associates.
5. Select Staffing has sole responsibility to determine and set the level of compensation and fringe benefits of its Associates.
Client has no authority to alter, change, or increase the compensation and/or benefits of Select Staffing's Associates without
Select Staffing's express agreement.
6. Select Staffing will withhold, pay, and report all taxes and issue Associate W-2 forms at the end of each year with respect to
each of its Associates provided to Client,as required by law.
B. Client's Responsibilities:
1. Client will provide Select Staffing with a job description specifying job duties and scope of temporary assignment for each
associate requested by City. Client will not require Select Staffing Associates to perform any duties beyond those that are
called for in such description. Client will promptly notify Select Staffing in the event there is any material change in the terms
and conditions of an associate's temporary employment or job duties with Client.
2. Client must provide signed written authorization of Associates' hours to Select Staffing by 9:00 am on the Monday following
the previous workweek. Authorization may come in the form of Select Staffing or Client timecards or Associate detail reports
from time and attendance systems. Client's signature authorizes Select Staffing to pay the Associate and bill Client for all
hours indicated.
3. Client agrees that it is responsible for compliance with all applicable state and federal wage and hour laws related to Select
Staffing Associates providing services at Client's designated location(s), including, but not limited to, ensuring that all required
rest and meal periods are taken by Select Staffing Associates as required, that all record keeping requirements are complied
with, that alternative workweek schedules, if applicable, are in compliance with state or federal law, and by not permitting
Select Staffing Associates to work hours in excess of the hours reported to Select Staffing for payment. To the extent Client
violates this paragraph, Client will accept full responsibility for any loss or liability caused or incurred.
4. Client will exercise good judgment and management relating to the day-to-day supervision of Select Staffing's Associates.
Client will provide appropriate supervision and training, specifically tailored to the job requirements of Select Staffing's
Associates assigned to Client's worksite, including all safety and hazardous materials training.
5. Client will provide a safe work environment for Select Staffing Associates including but not limited to maintaining its premises
and work areas in compliance with all applicable health and safety laws and regulations. Client will further comply, at its own
expense,with the directives of Select Staffing's Risk Management Department, or any governmental agency, as they relate to
changes in the workplace that are intended to provide a safer work environment for Select Staffing's Associates.This includes
Client providing and/or ensuring use of personal protective equipment and clothing, as required by law or as deemed
necessary by Select Staffing. Select Staffing shall have the right to inspect Client's premises at any time to ensure that a safe
workplace is being provided Select Staffing's Associates.
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6. Client will notify Select Staffing immediately in the event of a work-related injury to a Select Staffing associate. Client will notify
the President of Select Staffing, or its Human Resources Department, immediately in the event of a discrimination or sexual
harassment complaint involving a Select Staffing associate.
7. Client will notify Select Staffing promptly if Client should decide it no longer wishes to accept the services of any particular
Select Staffing associate. Select Staffing will be responsible for ending the assignment of the associate.
C. Other Terms and Conditions
Select Staffing and Client agree to the following additional terms and conditions with respect to the provision of Associates by
Select Staffing to Client:
1. Client acknowledges that Select Staffing does not furnish insurance to cover damage or physical loss caused by the operation
of any vehicle or machinery operated by Select Staffing's Associates for Client's benefit or at the request of Client. Client
agrees to accept full responsibility for any claim arising from a Select Staffing Associate being asked by Client, or one of its
supervisory Associates, to operate machinery or equipment, or drive a vehicle, whether owned or rented by either Client or
Select Staffing's associate. Client is prohibited from placing Associates as forklift operators without executing the Select
Staffing Forklift Operation Agreement.
2. Client agrees to assume sole and complete responsibility, and indemnify and hold Select Staffing harmless, for any losses or
claims that result from a Select Staffing Associate having been assigned by Client the responsibility for handling or possession
of any cash, securities or other valuables. Similarly, Client agrees to assume complete responsibility, and hold Select Staffing
harmless for any losses or claims that result from Select Staffing Associates having been entrusted by Client with any
unattended property or premises.
3. Client acknowledges that Select Staffing does not maintain errors and omissions or professional liability insurance on
Associates that it provides to Client. Client agrees to review and approve all work performed by such Associates prior to
accepting the work. Client agrees that it will assume sole and complete responsibility, and indemnify and hold Select Staffing
harmless, for any and all losses or claims that result from a Select Staffing Associate having rendered a professional opinion
or committed any other alleged error or omission in the performance of his/her duties for Client.
4. Client agrees not to allow Select Staffing's Associates to work offshore, on or above water, in or under the ground, off the
ground or outside of the State without Select Staffing's express written consent.
5. (Intentionally Deleted)
6. Any use of subcontractors, including review,selection, and control, is exclusively the right of Select Staffing.
7. Client and Select Staffing understand and agree that Select Staffing's service rate shall be adjusted according to federal and state
overtime laws, where applicable. In the event overtime pay, time-and-a-half, double-time, including holiday pay, is paid to an
associate, Select Staffing's service rates shall increase accordingly. It is further understood and agreed that Select Staffing
reserves the right to adjust service rates to compensate for mandatory adjustments to FICA, FUTA, SUI, Workers' Compensation
and any federal or state mandated programs or benefits.
8. Service rates may be adjusted at any time upon mutual consent of Select Staffing and Client.
D. Terms and Conditions of Payment
1. Billing Terns
An itemized invoice for temporary services, based on hours shown on Select Staffing or Client time cards or Associate detail
reports from time and attendance systems, will be delivered weekly by Select Staffing to Client. Such invoice is DUE AND
PAYABLE THIRTY(30)DAYS AFTER INVOICE DATE in Santa Barbara, California. Payments received five(5)days or more
after the payment due date will include a late charge equal to 7% of the original invoice payment amount. Invoices that are
undisputed by Client for more than ten (10)days after the invoice date will be presumed correct.
2. Past Due Accounts
If any account becomes past due, the entire unpaid balance of the invoice becomes immediately due and payable. Select
Staffing shall have the right to litigate in Civil Court in Santa Barbara, California all debt-collection matters. In the event
collection action is initiated by Select Staffing to collect such debt, or any portion thereof, Client agrees to pay any additional
sums, including but not limited to,collection costs,interest at the rate of 18%per annum, and attorneys'fees.
E. Conversion to Regular Full-Time Status
Client may convert a Select Staffing Associate currently on assignment with Client or who has been provided by Select Staffing
within the past six months, to its payroll by paying a conversion fee of 30% of the total estimated gross annual compensation for
that Associate based on the pay rate at the time of conversion. Once that Associate has worked for Client for a minimum of 720
hours, the conversion fee is reduced to 15%. Conversion charges are due and payable at the time of conversion. No Associate
may be converted if Client's account balance is past due.
F. Guarantees
1. If Select Staffing is notified during the first four hours of an associate's assignment that Client is not satisfied with the quality of
work of the associate, Select Staffing will provide Client with a replacement Associate and will not charge Client for the hours
worked by the associate.
2. If Select Staffing sends a specified number of Associates pursuant to Client's headcount request, and Client turns away some
or all of the Associates without providing Associates with work, Select Staffing will bill Client four(4) hours for each requested
Associate turned away by Client.
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G. Employment of Select Staffing-placed Associates Through Another Service
If Client knowingly employs Select Staffing-placed Associates through another temporary service without first providing Select
Staffing with a 30-day written notice, Client agrees to pay a fee of 10% of the associate's annualized wages to Select Staffing.
Select Staffing will also be entitled to attorneys'fees should it be required to pursue collection of such fees.
H. Representations and Qualifications
1. This Agreement and any attachments constitute the entire Agreement and neither the Agreement nor any amendment shall be
valid or enforceable unless in writing and signed by authorized representatives of both parties.
2. All notices or other communications required or permitted to be given under this Agreement shall be directed to Select Staffing
at its corporate offices at 3820 State Street, Santa Barbara, California, 93105, and to Client at its address as stated above, or
any such other place as shall be specified by written notice given by either party.
3. Client acknowledges that Select Staffing is an equal employment opportunity employer, and Client agrees that it will not
harass, discriminate against or retaliate against any Select Staffing Associates on the basis of race, religion, national origin,
age, sex, disability, marital status or any other category protected by law. Client represents that it has in place policies
prohibiting harassment in the workplace (including sexual harassment). Client further agrees not to engage in, nor permit any
agent of Client, vendor, contractor or other third-party at Client's worksite to engage in, any practice that constitutes sexual
harassment or other illegal harassment of Select Staffing's Associates.
I. Termination of Services
This Agreement may be terminated by either party upon 30 days written notice to the other party or immediately upon the breach
of any provision.
J. Agreements to Indemnify
1. Client shall indemnify, defend and hold harmless Select Staffing from any and all losses (including court costs and attorneys'
fees), and claims of any kind, which Select Staffing may incur, or which may be claimed against Select Staffing as a result of
Client's material breach of any of its responsibilities under this Agreement; any alleged violation by Client of any federal, state,
or local laws, including OSHA, at the work site of Select Staffing Associates assigned to Client; and the acts, efforts or
omissions of Select Staffing Associates while performing services for Client.
2. Notwithstanding any provisions to the contrary, in no event will Select Staffing be liable to Client for any special, incidental, indirect
or consequential damages (including lost profits)arising out of this Agreement whether in an action for or arising out of breach of
contract,tort,or any other cause of action.
K. Confidentiality
Inasmuch as Select Staffing's business does not involve its access to or use of Client's confidential information, no knowledge,
possession or use of such information will be imputed to Select Staffing as a result of an Associate's access to it.
L. Assignment
Client may not assign, transfer or delegate its rights or obligations under this Agreement without the prior written consent of an
Officer of Select Staffing. Select Staffing reserves the right to assign its rights and obligations hereunder without Client's consent.
All the terms and provisions of this Agreement will be binding upon and inure to the benefit of the Parties, their successors,
affiliates, heirs and permitted assigns.
M. Waiver
Failure by either party at any time to require the performance of the other party or to claim a breach of any provision of this
Agreement will not be considered a waiver of any subsequent breach or failure to perform under the terms of this Agreement.
N. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.Any action to enforce or
interpret this Agreement shall be brought in a court of competent jurisdiction in Santa Barbara County, California.
O. Partial Invalidity
Should any provision of this Agreement be held to be invalid or unenforceable, the remaining provisions of this Agreement shall
remain in full force and shall stand as if the unenforceable provision did not exist.
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IN WITNESS WHEREOF, Select Staffing and Client have caused this Agreement to be executed on the date written above and
effective on tile'date"set forth below:
�1Y: 'Client t ACC�D'F,0 1M t" f
(Client authorized rep' s nature) (Select Staffing authorized representative signature)
Print Name:_—Q&Y1P 'aV.A . \'•t 6 Print Name:Cecilia Lu Tour
Title:CrTY Cp! Title: /2i�ffi&C4 7/9 [
Data: �� ��• Date:7/92U12
ppp AS TO FORM
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ATTEST:
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APPROVED BY CITY COUNCIL
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SSS714 SS0512 Cr1YOF PALM SPRWGS 4 IsvtinM
IN WITNESS WHEREOF, Select Staffing and Client have caused this Agreement to be executed on the date written above and
effective on the"date"set forth below:
ACCEPTED:Client AC nnD: SelecI Staffin
By: B - Z k/
(Client authorized representative signature) Select Staffing authorized representative signature)
Print Name: Print Name:Cecilia La Tour
Title: Title:Regional Manager
Date: Date:7/9/2012
A&EDAS TO FORM
City Attpmeq
Data 0 �/•� m.
S1S 714 SS 0512 CrI'Y OF PALM SPRINGS 4 Initials