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people ready
<br />A TRUESLUE COMPANY
<br />ADDENDUM FOR THE SUPPLY OF TEMPORARY STAFFING SERVICES
<br />THIS ADDENDUM ("Addendum") is between PeopleReady Florida, Inc. ("Supplier") and Indian River County ("Customer'), and attached to and
<br />incorporated in the Agreement ("Agreement") attached hereto between Supplier and Customer. In the event of any conflict between the terms and
<br />conditions of the attached Agreement, any exhibits, addenda, schedules or attachments, and this Addendum, the terms of this Addendum shall
<br />supersede and control such conflict.
<br />1. Relationship. The parties agree that Supplier is a vendor of temporary labor, and not a contractor or subcontractor and shall not be responsible for
<br />the obligations in the contract related to Customer's project, innluding (without limitation) the construction schedule, trade scope details, construction
<br />details performance guarantees or accuracy or warranties of construction. Nor shall Supplier have responsibility for materials or installation, acquiring
<br />permits, conducting safety meetings, posting signs, providing water or power, delays, defaults, or furnishing a bond. Customer has requested that
<br />Supplier provide its temporary employees ("Associates") to assist Customer in the completion of Customer's business activities.
<br />2. Guarantee: Minimum Work Day. If Customer is dissatisfied with any Associate for any reason, Customer may simply inform Supplier within the first
<br />two (2) hours of Associates assignment and Customer will not be billed for that Associate and Supplier will provide a replacement within a reasonable
<br />amount of time. Such replacement of unsatisfactory Associates is Supplier's sole warranty hereunder. Customer agrees to a daily minimum charge
<br />of four (4) hours. If Customer fails to cancel any order at least two (2) hours prior to the assignment start time, Customer will pay the daily minimum
<br />charge for each Associate.
<br />3. Supervision: Safety. Customer agrees to provide Associates adequate supervision, direction, and control. Customer will determine whether
<br />Associates meet any skill, competency, license, or other requirements necessary to complete specific jobs to Customer's own satisfaction. Customer
<br />and Supplier agree to comply with all applicable laws relating to health and safety, and Customer agrees to comply with OSHA and provide site specific
<br />safety equipment necessary for any work to be performed. Customer agrees to provide site-specific safety orientation and training to all Associates
<br />prior to the start of an assignment. Without the prior written agreement of Supplier, Customer will not entrust Associates with the care of unattended
<br />premises, custody or control of cash, credit cards, keys, or other similar valuables or authorize Associates to operate machinery, heavy equipment, or
<br />motor vehicles.
<br />4. Compliance with Laws. Both Customer and Supplier agree to maintain their work environment in compliance with all applicable laws, including Title
<br />VII, Affordable Care Act ("PPACA"), FLSA, wage and hour laws, and laws prohibiting discrimination. Supplier shall comply with the PPACA with regard
<br />to Associates. Customer shall not utilize Supplier's services to avoid compliance with any of the above laws and regulations. Customer shall determine
<br />and notify Supplier in writing if a prevailing wage, living wage, or any other government mandated minimum statutory wage under the Services Contract Act,
<br />Davis Bacon Act, or any other similar government mandated min mum statutory wage should be paid to the Associates and in no event shall Customer be
<br />relieved of its primary responsibility for ensuring complete and accurate compliance with all local, state, and federal laws relating to prevailing or living wage.
<br />5. Conversion Fees. Unless otherwise agreed to by both parties, Customer may not hire or convert an Associate to Customer's payroll, or to a third
<br />party's payroll, whether directly or indirectly, until such Associate has worked 90 days or 520 hours, whichever is greater. Thereafter, Customer may
<br />hire an Associate for a fee which will equal three times a full week of work (or base rate x 120 hours).
<br />6. Indemnity and Insurance. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
<br />INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH. LIABILITY ARISES OUT OF OR IS RELATED TO
<br />BREACH OF CONTRACT, TORT OR OTHERWISE. Customer agrees to the insurance levels and endorsements stated in the certificate of insurance
<br />provided. Customer's additional insured status on Suppliers insurance policies shall only extend to the extent of Supplier's negligence.
<br />7. Payment. Customer will accurately record the daily hours worked by each Associate, and report hours worked to Supplier as agreed. Bili rates will
<br />be increased to reflect holiday hours worked and overtime hours worked according to state or local law. The agreed hourly bill rates are subject to
<br />adjustment from time to time by Supplier to reflect increases in Supplier's actual or government mandated cost for wages, withholding amounts,
<br />governmental taxes, assessments, health care, workers' compensation insurance increases, your use of a vendor management system, and/or any
<br />other cause beyond the reasonable control of Supplier. Supplier will endeavor to notify Customer fourteen (14) days before the effective date of the
<br />increase in the hourly rate along with information supporting the reason for the increase. Customer may terminate this Agreement by giving written
<br />notice to Supplier prior to the effective date provided; otherwise the adjusted hourly rate will become effective on the date specified in the notice.
<br />Invoices are due within seven (7) days of the invoice date, with no retained percentage withheld from payment and without regard to Customer's
<br />receipt of payment from any other party. Customer agrees to pay interest charges of the lesser of 1'/:% per month, or the maximum rate permitted by
<br />law, together with reasonable attorneys' fees and/or coilectioi fees for invoices which are unpaid more than thirty (30) days after the date of the
<br />invoice. Customer's failure to dispute in writing the charges on any invoice within fourteen (14) hays of receipt shall constitute irrevocable acceptance
<br />of such charges and a waiver of the right to later dispute or reject any charges stated on the invoice.
<br />ACKNOWLEDGED AND AGREED
<br />Customer
<br />Signed:
<br />Name:
<br />Date:
<br />Rev. Oct 2016
<br />113
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