HomeMy Public PortalAboutAppleOne Conditions of Service Agmt 11 21 2012CONDITIONS OF SERVICE
Town of Gulf Stream ("Client") agrees to the fallowing Conditions of Service:
TEMPORARY AND TEMPORARY TO HIRE PLACEMENTS
1. Howroyd-Wright Employment Agency, Inc. dba AppleOne ("AppleOne") employees are subject at all times to Client's direct
and indirect supervision while on assignment with Client; AppleOne does not supervise such employees on their assignment.
2. Client will not entrust AppleOne employees with the care, custody or control of premises or with the custody or control of
cash, negotiables, valuables or similar property and AppleOne shall incur no liability as a consequence of Client having done
so. Client shall not pay AppleOne employees directly or advance any funds to them. If computer work is involved, AppleOne
employees are not to be informed of any confidential access codes or be permitted unsupervised access to confidential
information, unless authorized in advance in writing by AppleOne. AppleOne employees are not permitted to purchase,
consume or distribute alcohol while they are on assignment to Client, or operate machinery or drive any motorized vehicle
(including their personal vehicles) for Client's business. These restrictions may be waived only in writing from an AppleOne
officer. Client agrees to defend, indemnify and hold harmless AppleOne from claims arising out of any alcohol-related
incidents involving AppleOne employees caused by the acts or omissions of Client, and for bodily injury, including death, or
property damage, arising out the use or operation of Client's owned, non -owned or leased vehicles, machinery or equipment
by AppleOne employees.
3. Background check services are available for an additional fee and must be agreed to in writing by AppleOne and Client.
4. Client agrees to comply with all applicable state and federal laws, including, but not limited to civil rights and employment-
related laws. Client agrees to indemnify, defend and hold harmless AppleOne for claims, damages or penalties arising out of
any violation of laws by Client.
5. Client agrees to comply with all laws, regulations and ordinances relating to work site health and safety, and agrees to
provide AppleOne employees a safe and healthful workplace. Client agrees to indemnify, defend and hold harmless
AppleOne for claims, damages or penalties arising out of violations of the Occupational Safety and Health Act of 1970, or
any similar state law with respect to workplaces owned, leased or supervised by Client, and/or to which AppleOne
employees are assigned. In the event of an accident, medical treatment, serious illness or injury, or death involving an
AppleOne employee assigned to Client, Client shall notify AppleOne immediately. For any serious injury or illness, or death,
of an AppleOne employee occurring in a place of employment or in connection with an AppleOne employee's assignment to
Client, Client is required to report immediately, by telephone or fax, to the nearest Occupational Safety and Health ("OSH")
office and is authorized and required by AppleOne to make the report on behalf of both AppleOne and Client. Client shall
provide to OSH all information required by applicable law, as well as AppleOne's name, address, phone number and contact
person, and the AppleOne employee's name. Client shall notify AppleOne immediately after the report has been made.
6. Client will not reassign or relocate an AppleOne employee without prior written authorization by AppleOne. Client agrees to
assume all liability for any third party claim arising after any reassignment1relocation that occurs without such authorization.
7. Client understands that AppleOne employees are assigned to Client to render temporary service and, absent an agreement
to the contrary, are not assigned to become employed by Client. Client acknowledges the considerable expense incurred by
AppleOne to advertise, recruit, evaluate, train and quality control its employees. Client will not, without prior written
authorization by AppleOne, hire an AppleOne employee, interfere with the employment relationship between AppleOne and
its employee, or directly or indirectly cause an AppleOne employee to transfer to another temporary help service.
8. Client understands that AppleOne refers the AppleOne candidate for Client's evaluation or assigns the AppleOne employee
to render temporary services at Client often while such person seeks direct hire employment through AppleOne. if Client,
either directly or indirectly, such as through any company within Client's control, solicits, offers employment to and/or hires
the AppleOne candidate or employee as an employee or consultant in any position, or utilizes this person's services through
another temporary or outsourcing service, or any party affiliated with Client refers such person to any other employer and
said person becomes employed by that employer: 1) at any time from the date such person's identity is provided by AppleOne
to Client until six (6) months thereafter or it) within six (6) months after termination of this person's temporary assignment
through AppleOne at Client, whichever is the later, Client agrees to pay AppleOne a fee in accordance with AppleOne's
direct hire placement standard fee schedule, stipulated at 1% per $1,000 of such person's annualized wage or salary, up to a
maximum fee of 30% of such person's annualized wage or salary. (By way of example, for a $21,000 annual salary, the fee
would be computed as follows: 1 % x 21 (the # of $1,000's in $21,000 x $21,000 = $4,410 fee.). CLIENT AGREES THAT IT
FULLY UNDERSTANDS THIS FEE CALCULATION AND, IF UNSURE, CLIENT WILL ASK APPLEONE'S
REPRESENTATIVE TO EXPLAIN IT.
Conditions of Service Page 1 of 2 AppleOne Confidential
Contracts 8 Legal Services — ETD — 6.6.2012
9. AppleOne's Temporary to Hire Placement is offered as an alternative to direct hire placement. An AppleOne employee
temporarily assigned to Client is an employee of AppleOne until released to Client. Should Client be interested in hiring an
AppleOne employee, Client shall contact AppleOne and AppleOne will establish the terms and conditions for releasing the
employee to Client's payroll, including the conversion fee to be paid by Client, if not previously agreed to between the parties.
If, at the time of such hiring, Client's account is past due according to the payment terms in Section 12, then Client agrees to
pay AppleOne a conversion fee equivalent to the direct hire placement fee as set forth in Section 8 of this agreement.
INVOICING AND PAYMENT
10. Client understands that AppleOne employees must be paid weekly and agrees to promptly review, and approve or verify,
timecards or hours worked. Client will be liable for any and all charges incurred based upon Client approved or verified
timecards or hours or similar information submitted by Client to AppleOne. If timecards or hours lack timely Client approval or
verification, AppleOne will process payroll and invoices based upon the timecards or hours submitted by the employees.
11. Rates and fees under this agreement may be increased upon written notice to include any increase or addition of any
government imposed taxes, fees or costs (including but not limited to, costs related to the Affordable Care Act) incurred after
the effective date of this agreement. Such increased costs will be added at cost and without additional mark-up.
12. In the absence of a written agreement to the contrary, AppleOne shall invoice Client weekly, and Client agrees to pay such
invoices within fifteen (15) days of receipt of invoice. Client understands that a default charge of one and one-half percent
(1.5%) per month may be imposed on any balance that remains unpaid after thirty (30) days from the invoice date. Client
agrees to pay any such default charges andattJGmay's fees for the cost of collection.
13. Client's payment method is (Check one box.): l CHECK ❑ EFT ❑ ECHECK ❑ CREDIT CARD
OTHERTERMS l
14. This agreement supersedes any and all other agreements, either oral or written, between the parties or anyone acting on
behalf of a party hereto, with respect to the subject matter hereof. This agreement contains all of the covenants, conditions,
warranties, representations, inducements, promises or agreements (oral, written, on a website, or otherwise) ("Promises")
between the parties with respect to the subject matter hereof. Each party hereto acknowledges that no Promises have been
made by any party or anyone acting on behalf of any party which are not embodied herein and that no other Promises, which
are not contained herein, shall be valid or binding. Any oral Promises or modifications concerning this agreement shall be of
no force or effect, except by a subsequent written amendment to this agreement signed by both AppleOne and Client.
15. The confidential and/or proprietary information of the disclosing party will be held in strict confidence by the receiving party
and will not be disclosed by the receiving party to any third party, or used by the receiving party for its own purposes, except
to the extent that such disclosure or use is necessary in the performance by the receiving party of its obligations under this
agreement. The receiving party upon the request of the disclosing party will destroy or return all writings or documents that
contain information subject to the protections of this section.
16. The laws of the State of California shall govern this agreement, its interpretation and any disputes regarding the services.
Any action concerning this agreement or the services shall be instituted in the state or federal courts located in Los Angeles,
California and AppleOne and Client agree to the exclusive personal jurisdiction of said courts and waive any rights to a
change of venue. In the event that a party hereto commences any legal or equitable action or other proceeding, the
prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief.
17. This agreement shall be in effect from the date set forth below, and shall continue until terminated at any time by either party
in writing. The obligations of the parties shall survive termination or expiration of this agreement. In the event that any
provision of this agreement shall be unenforceable or Inoperative as a matter of law, the remaining provisions shall remain in
full force and effect. A waiver of a breach of any covenant, condition, or promise of this agreement shall not be deemed a
waiver of any succeeding breach of the same or any other covenant, condition, or promise of this agreement. No waiver
shall be deemed to have been given, unless given in writing.
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By(Pleaser .): 1� v )h�� Title:
Signature: Date: ;L 1
PLEASE FAX THE SIGNED AGREEMENT TO Lauren Smathers at FAX #: 561-683-6862
Conditions of Service Page 2 of 2 AppleOne Confidential
Contracts 8 Legal Services — ETD — 8.6.2012