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HomeMy WebLinkAboutPeopleReady Florida, Inc. Agreement to Supply Temporary Staffing (Landscape Maintenance) - 2017 04 05 ® people A TRUEBLUE COMPANY AGREEMENT TO SUPPLY TEMPORARY STAFFING Customer Name("Customer") Customer Address 1/1 City of Winter Springs /d . C,Jta- Py,-,�Cojq �' 7 Customer Phone Federal Tax ID No.or SSN(if self-employed) 407-327-5962 - %&a b This Agreement to Supply Temporary Staffing ("Agreement") is entered into by and between the Customer named above and PeopleReady Florida, Inc. ("Supplier"). No term of this Agreement shall be amended, supplemented,waived or modified except in writing referring to this Agreement and signed by each of the parties.The parties acknowledge that Customer has received and agreed to(i)this Agreement;and the(ii)Terms and Conditions to the Agreement to Supply Temporary Staffing,which are fully incorporated herein. 1. SCOPE OF SERVICES (a) Supplier agrees to provide temporary workers(collectively,"Associates")to work under Customer's direction and supervision. (b) Customer acknowledges that Supplier is not a licensed general contractor or subcontractor,and Supplier shall not be responsible for obligations of Customer's work or project, including(without limitation)the schedules,trade scope details, construction details, performance guarantees, product safety,or accuracy or warranties of construction. Nor shall Supplier have responsibility for materials or installation,acquiring permits, conducting safety meetings,quality control,posting signs,providing water or power,delays,defaults,or furnishing a bond. (c) Without the prior written agreement of Supplier, Customer will not entrust Associates with the care of unattended premises,custody or control of cash,credit cards,valuables or other similar property;nor shall Customer allow Associates to operate machinery,equipment or motor vehicles without the prior written permission of Supplier in each occasion. (d) Upon Customer's written request,Supplier will perform a background check on Associates,at Customer's expense and in accordance with the law. 2. GUARANTEE If Customer is not satisfied with any Associate for any reason and Customer informs Supplier within two(2)hours of arrival, Customer will not be billed for that Associate and Supplier will provide a replacement.Supplier's sole warranty is the replacement of unsatisfactory Associates 3. MINIMUM WORK DAY Customer agrees to a minimum charge four(4)hours each day. If Customer fails to cancel any order at least two(2)hours prior to the assignment start time,Customer will pay the daily minimum charge for each Associate. 4. INVOICES AND PAYMENT Customer shall pay each weekly invoice from Supplier for the Associates provided according to the rates agreed. Invoices are due within seven(7) days of the invoice date,with no retained percentage withheld from payment and without regard to Customer's receipt of payment from any other party. Customer agrees to pay interest charges of the lesser of 1Y2% per month, or the maximum rate permitted by law, together with reasonable attorneys' fees and/or collection fees for invoices which are unpaid more than thirty(30)days after the date of the invoice. Customer's failure to dispute in writing the charges on any invoice within fourteen(14)days of receipt shall constitute irrevocable acceptance of such charges and a waiver of the right to later dispute or reject any charges stated on the invoice. 5. BILL RATES AND CONVERSION FEES (a) The agreed hourly bill rates are subject to adjustment from time to time by Supplier to reflect increases in Supplier's actual or government mandated cost for wages,withholding amounts,governmental taxes, assessments, health care,workers'compensation insurance increases, your use of a vendor management system,and/or any other cause beyond the reasonable control of Supplier.Supplier will endeavor to notify Customer fourteen (14)days before the effective date of the increase in the hourly rate along with information supporting the reason for the increase. Customer may terminate this Agreement by giving written notice to Supplier prior to the effective date provided;otherwise the adjusted hourly rate will become effective on the date specified in the notice. (b) Unless otherwise agreed to by both parties,you may not hire or convert an Associate to your payroll,or to a third party's payroll,whether directly or indirectly, until such Associate has worked 90 days or 520 hours,whichever is greater. Thereafter, Customer may hire an Associate for a fee which will equal three times a full week of work(or base rate x 120 hours). 6. Time Cards: Customer will accurately record the daily hours worked by each Associate, and report hours worked to Supplier as agreed. Bill rates will be increased to reflect holiday hours worked and overtime hours worked according to state or local law. Position Workers'Compensation Code Regular(Straight Time)Bill Rate ON Demand Landscape Maintenance $14.80 per hour Landscape Maintenance Temp to hire/Staffing $15.20 per hour ACKNOWLEDGED AND AGREED: Customer Supplier Signature: L Signature: Name:Casey Ho and Name: Kim Hochstetler Title:HR Manager Date: ,�" �� Title:Sr. Sales Representative Date: ® people ready ATRUESLUE COMPANY TERMS AND CONDITIONS TO THE AGREEMENT TO SUPPLY TEMPORARY STAFFING These Terms and Conditions to the Agreement to Supply Temporary Staffing (b) Except as set forth below regarding the operation of motor vehicles, ("Terms"),are incorporated within the Agreement to Supply Temporary Staffing to the fullest extent permitted by law, Customer agrees to defend, ("Agreement")entered into between Customer and Supplier. The parties agree indemnify, and hold the Supplier harmless from and against claims, that Supplier is a vendor of temporary workers("Associates")and Customer has demands,and liabilities arising out of or in connection with Customer's requested that Supplier provide Associates to assist the Customer in the negligence or breach of contract,or any acts,omissions or negligence completion of Customer's business activities. The parties acknowledge that of any Associates on assignment with Customer. In the event any they have read, understand, and agree to all of the terms and conditions set action to enforce the Agreement or these Terms,the prevailing party forth below which shall be incorporated into the Agreement. will be entitled to reasonable attorney's fees and costs. (c) Customer agrees to maintain general liability insurance of$1,000,000 1. DUTIES OF SUPPLIER per occurrence and agrees said insurance if primary and non- (a) Supplier shall pay Associate wages as due and withhold from contributory with the insurance provided by Supplier. Associate wages and promptly pay to the appropriate governmental (d) If Customer shall request or permit any Associate to operate any motor agencies all required taxes,social security,FICA and SUTA. vehicle owned or controlled by Customer, then Customer shall (b) Supplier shall provide workers' compensation insurance for the maintain the following policies providing coverage for Customer's Associates in accordance with state law. business operations and for the motor vehicles operated by (c) Supplier is an equal opportunity employer and, as such agrees to Associates: comply with Title VII, PPACA, FLSA, Executive Order 11246, the i. commercial general liability insurance coverage of not less Rehabilitation Act of 1973, and the Vietnam Era Veterans than$1,000,000; Readjustment Assistance Act of 1974. Customer shall not utilize ii. business automobile liability Insurance of not less than Supplier's services to avoid compliance with any of the above laws $1,000,000 for all owned,non-owned and hired vehicles and and regulations. equipment;and (d) Supplier complies with the Immigration Reform and Control Act of iii. excess liability insurance of not less than$5,000,000. 1986,and shall complete and maintain an 1-9 form for all Associates. The commercial general liability and business automobile insurance shall be primary and non-contributory with insurance provided by 2. DUTIES OF CUSTOMER Supplier. Customer shall furnish to Supplier certificates of insurance (a) Customer shall approve a time card for each Associate,or otherwise and additional insured endorsement naming Supplier and its Associates as additional insureds under each such policy. Insurance accurately report the daily hours worked by Associates. Bill rates will shall be purchased from insurance companies admitted and licensed be increased to reflect holiday hours worked and overtime hours to do business in the states in which the Customer's vehicles are to worked according to state or local law. be operated and with an AM Best rating of A-VIII or greater. (b) Customer shall pay for billing time commencing upon the Associate's Customer shall also indemnify, defend, and hold Supplier and its arrival at the requested time and pay overtime charges as applicable employees, including Associates, harmless from any claims and to overtime paid according to law. expenses(including attorneys'fees and other expense of litigation) (c) Customer shall provide credit references if requested and authorizes for bodily injury, property damage or environmental pollution Supplier to obtain credit information about Customer from time to time asserted by Customer,its employees,agents,the owner of any such and authorizes these references to release credit information to vehicles and equipment or contents thereof,or by the general public, Supplier. arising out of any act or omission (regardless of negligence) by (d) Customer shall determine during the term of the applicable guarantee Associates in the operation or use of any such vehicles for Customer. whether Associates meet Customer's skill, competency, license, (e) Limitation of Liability.IN NO EVENT SHALL EITHER PARTY OR ITS experience,or other requirements,and only assign Associates duties RELATED COMPANIES, OR THEIR OFFICERS, AGENTS, consistent with their skills and abilities. EMPLOYEES, OR ASSOCIATES BE LIABLE UNDER OR IN (e) Customer agrees to maintain all records and information necessary to CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS, comply with applicable safety and employment laws and regulations. OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, Customer shall allow Supplier, upon reasonable notice and at EXEMPLARY,SPECIAL OR PUNITIVE DAMAGES,REGARDLESS Supplier's expense, to inspect and audit the Supplier's applicable OF WHETHER SUCH LIABILITY ARISES OUT OF OR IS RELATED records and, as necessary, perform on-site interviews to ensure TO BREACH OF CONTRACT,TORT(INCLUDING NEGLIGENCE) Supplier's compliance with all applicable safety and employment laws OR OTHERWISE. and regulations. 3. SAFETY AND SUPERVISION 5. COMPLIANCE WITH LAWS (a) Customer agrees to comply with all applicable laws and ordinances (a) Customer understands that Supplier will not supervise its Associates relating to health and safety on the jobsite. and that Customer shall be responsible to provide Associates (b) Supplier and Customer shall comply with all applicable federal,state adequate supervision,direction,and control. and local laws and regulations,including but not limited to:wage and (b) Customer agrees to include each Associate in the safety and health hour, breaks and meal period regulations,the hiring and discharge program which covers Customer's employees in the performance of of employees,Title VII and the FLSA. Supplier and Customer shall similar work and to provide site-specific personal protective provide a workplace free from discrimination and unfair labor equipment, clothing, or devices necessary for any work to be practices. performed or used by Customer's employees in the performance of (c) Supplier is responsible for its compliance with the Affordable Care similar work. Customer agrees to provide site-specific safety Act ("ACA") with respect to Associates. Notwithstanding the orientation and training to all Associates at the start of an assignment. foregoing, Supplier shall not be responsible for Customer's Supplier conducts a pre-employment safety screening and provides compliance with the ACA with respect to its own employees or general safety awareness through its health and safety program. Customer's use of Associates to avoid its own obligations under the Customer and Supplier agree to comply with all applicable laws, ACA.The parties acknowledge that a portion of the bill rate paid by including those relating to health and safety.Customer shall not allow Customer includes an amount for ACA coverage for Associates. the Associates to engage in any unsafe practice. (d) Customer shall determine and notify Supplier in writing if a prevailing (c) Without the prior written agreement of Supplier, Customer will not wage, living wage, or any other government mandated minimum entrust Associates with the care of unattended premises,custody or statutory wage under the Services Contract Act,Davis Bacon Act,or control of cash, credit cards, keys, or other similar valuables or any other similar government mandated minimum statutory wage authorize Associates to operate heavy equipment or motor vehicles. should be paid to the Associates. Customer shall indemnify,defend, 4. INDEMNITY AND INSURANCE and hold harmless Supplier for any underpayment,fines,penalties, interest, attorneys'fees, and/or loss of profit margin resulting from (a) Supplier further agrees at all times during the Agreement to self-insure failure to ensure compliance with any such law or this paragraph. In or maintain in full force and effect workers'compensation and property no event shall Customer be relieved of its primary responsibility for damage insurance for the indemnity provision below. ensuring complete and accurate compliance with all local,state,and federal laws relating to prevailing or living wage. people ready CENTERLIR-19-NE L S A TRUEBLUE COMPANY a TRUEBLUE company a TRUEBLUE company Credit Application 7Ap licant's Name(Exact Legal Business Name): Applicant's"Doing Business As"(DBA)Name: Customer Number: �i L- & in ✓ - rin S Street Address/City/State: d,�e stage W1n 11T rtf) FL J�� Billing Address/City/State: l l d CP i t (S"WeR 3 Phone: )(�7 7 Email: Fax: Mobile: #6 ygs-(vC�a C lb 1Z)4eb Main Line of Business: Annual Sales: #of&ploye6d j Business Established How Long? 67oUerr)rrnI7-� bb Lot) Waa Federal Tax ID Number or SSN(if Self Employed): Sole Proprietorship Q Sales Tax Exemption ertificate? J� ( Partnership Q (mark correct one) ® Yes o No �9 wa�31Q� Corp/LLC Q (If yes,please submit certicate.) Subsidiary of: Business License Number(s): Workers'Compensation Classification: Name of Officer/Principal: Accounts Payable Contact Name&Phone#: L)on11 a.&"�'�,'L-) 2j()-�-337-898s Trade Reference Contact Person Phone# Account#(if any) IMPORTANT NOTICE-ORAL AGREEMENTS OR ORAL COMMITMENTS TO EXTEND CREDIT,OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE. Terms of Sale TrueBlue,Inc:s terms of sale are net 7 days from date of invoice,unless otherwise agreed to by written contract.All invoices not paid in actimely manner may cause interruption of credit extension unless arrangements are made with the corporate credit department.A finance charge of 1.5%per month,or 18%per annum may be assessed on all delinquent invoices but not to at any time exceed the highest legal rate of interest legally allowed.Applicant agrees to pay any collection costs incurred to collect the account balance,including reasonable attorney's fees. Applicant's Statement Applicant authorizes TrueBlue,Inc.to verify or check any of the information given,check credit references,obtain one or more credit reports,and share applicant's credit information between its affiliates in connection with this credit application or in connection with any periodic reviews of credit which may be extended to Applicant.Applicant gives TrueBlue,Inc.permission to report to credit reporting agencies and others the results of such investigations and TrueBlue, Inc's experience with Applicant's account. The undersigned has read and understands this credit application and agrees to the terms and conditions.The undersigned also certifies that the information provided in all sections of this credit application is true and correct.The person executing this agreement has the authority to bind the customer and is authorized by the customer to enter into the credit application terms and conditions. 4 bo l Applican' Signature and Title Date The eral Equal Credit Opportunity Act(ECOA)prohibits creditors from discriminating against credit applicants on the basis of race,color,religion, national origin,sex,marital status,age(provided the applicant has the capacity to enter into a binding contract);because all or part of the applicant's income derives from any public assistance program;or because the applicant has,in good faith,exercised any right under the Consumer Credit Protection Act.The federal agency that administers compliance with law concerning this creditor is the Federal Trade Commission,Division of Credit Practices,600 Pennsylvania Avenue,NW,Washington,DC 20580.